Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 2) and 2 of the Convention. Coverage of labour clauses in public contracts. The Committee notes with interest the adoption of Regulation No. 112 of 8 February 2008 regarding wages and working conditions in public contracts which replaces the 2005 circular on labour clauses in tenders and extends the scope of labour clauses to cover contracts awarded by public authorities other than the central authorities, i.e. municipal and county administrative authorities and bodies governed by public law. The Committee understands that the decision to extend the obligation constitutes part of the Government’s action plan against social dumping which was issued in 2006. Under the new administrative provisions, contractors should provide their employees with wages and working conditions that are no less favourable than those laid down in national collective agreements or than those prevailing in a given geographical area and relevant profession while the term “working conditions” should be taken to mean at the very least the working time regulations. The same requirement also applies to work carried out abroad. It is further provided that subcontractors are obliged to provide documentary evidence of compliance with the labour clause if and when required by the contracting parties. The new Regulation applies to central authority contracts exceeding 1.05 million Norwegian kroner (NOK) (approximately €134,000) and to other contracts exceeding NOK1.65 million (approximately €210,000) the same threshold values applying to contracts for both works and services. The Committee would be grateful if the Government would provide in its next report additional information on the application of Regulation No. 112 of 2008 in practice, including sample copies of public contracts, statistics on the contracts awarded by municipal and other non-central authorities, inspection results showing the number of contraventions observed and sanctions imposed, copies of any recent studies or reports addressing public procurement issues, especially in the light of recent case law of the Court of Justice of the European Communities and the ensuing debate regarding the compatibility of the Convention with EU law, etc.