Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Repetition

Article 2 of the Convention. Inclusion of labour clauses in public contracts. Since 2011, the Committee has been asking the Government to take all appropriate steps to ensure that provisions giving full effect to Article 2 of the Convention are incorporated into the general administrative clauses of the specifications prescribed by section 49 of Act No. 10/010 concerning public contracts. The Government indicates that it undertakes to refer the issue to the National Labour Council. The Government also reproduces a list of laws and regulations whose purpose is to govern the organization and functioning of public contracts and procedures for the award, execution and monitoring of contracts by the State, the provinces and other public entities. In this regard, the Committee notes once again that the legislation governing public contracts does not contain any provisions for the inclusion of labour clauses in public contracts, as prescribed in Article 2(1) and (2) of the Convention. The Committee once again draws the Government’s attention to the 2008 General Survey on labour clauses in public contracts and on the Practical Guide to Convention No. 94, drawn up by the Office in September 2008, which provides guidance and examples to follow to ensure that the national legislation is in conformity with the Convention. Noting that the Government has not sent any information on the measures taken or contemplated to give specific effect to the essential requirements of the Convention, namely the inclusion of labour clauses in public contracts as provided for in Article 2 of the Convention, the Committee urges the Government to take all the necessary steps to guarantee the full application of the Convention, and to keep the Office informed of any progress made in this matter, including as regards the referral of the issue to the competent authorities.

The Committee reminds the Government that it may avail itself of technical assistance from the Office in this regard.