Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

Articles 1 and 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comment, the Committee requested the Government to clarify whether following the adoption of new public procurement legislation, i.e. the Public Procurement and Disposal of Public Assets Act, 2003 and the Public Procurement and Disposal of Public Assets Regulations, 2003, the General Notice No. 9 of 1963 on fair wages which gave effect to the Convention with respect to contracts for public works was still in effect or whether it had been modified or replaced.In the absence of the Government’s reply on this point, the Committee once again requests the Government to specify the current status of the General Notice No. 9 of 1963 on fair wages and the standard Contract Agreement and Schedules of Conditions for Building Works, which previously implemented the Convention with respect to contracts for public works.

Moreover, the Committee notes that under the 2003 public procurement legislation, the Public Procurement and Disposal of Public Assets Authority (PPDA) has been established to advise the central and local governments and statutory bodies on all public procurement policies, principles and practices, as well as to prepare and issue authorized versions of the standardized tender documents. However, it remains unclear whether the PPDA has taken any action to ensure the insertion of labour clauses of the type prescribed by Article 2of the Convention in the general and special conditions of contract or other common specification standards to be used by procurement entities.

In its latest report, the Government indicates that one of the strategies of the National Employment Policy, adopted in May 2011, is to integrate employment concerns in public works contracts and to improve the terms and conditions of work of those engaged in their execution. The Government also indicates that consideration will be given to labour clauses in public contracts in the context of the ongoing process to implement the National Employment Policy and harmonize the labour legislation.The Committee hopes that the Government will take the necessary measures to give effect to the core requirement of the Convention very shortly – either under the existing public procurement legislation or within the broader framework of the National Employment Policy – and requests it to keep the Office informed of any progress made in this respect.