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Article 2 of the Convention and Part V of the report form. Use of labour clauses in law and practice. The Committee notes the information provided by the Government in its report and the attached documents. It notes in particular the Government’s indication that according to Local Government Denmark (LGDK), which is the association of the country’s 98 municipalities, there is increasing awareness among municipal authorities about the use of labour clauses. It also notes that the Government reaffirms that the Convention continues to be implemented through Circular letter No. 114 of 18 May 1966, read in conjunction with Circular letter No. 114 of 25 June 1990, both of which make specific reference to Article 2 of the Convention. Finally, the Committee notes the sample copies of labour clauses in tender documents currently in use which give full effect to the basic requirement of the Convention. The Committee would appreciate if the Government would provide in its next report a broad overview of its policies and practices concerning the incorporation of social criteria into public contracting, thus not limited to so-called “fair wages” clauses but also including “affirmative action” clauses, in light of relevant EU law. It would also appreciate if the Government would continue to transmit up to date information on the practical application of the Convention including, for instance, statistics on the number of public contracts awarded and the approximate number of workers engaged in their execution, copies of official reports or studies addressing the social dimension of public procurement (e.g. annual reports of the Danish Competition Authority), any difficulties encountered in the application of the Convention, especially with relation to posted foreign workers, extracts from reports of inspection services, etc.
For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the General Survey of 2008 on Convention No. 94, to help better understand the requirements of the Convention and ultimately improve its application in law.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the adoption of Act No. 933 of 15 December 1999 on posting of workers which implements the European Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of provision of services.
With reference to its previous direct request, the Committee notes the Government’s reply to the effect that the Ministry of Labour may recommend, but not instruct, municipalities and counties to insert labour clauses in contracts concerning building and construction work. According to the Ministry of Labour, in the few cases in which counties have not inserted labour clauses, the employees would be protected by any collective agreement already concluded or by the social partners’ possibility of concluding a collective agreement, if required, by taking industrial action. Thus, the Ministry of Labour considers that there is no need for further action in this respect. However, the point raised by the Committee referred to the nationality of tenderers as a possible ground of exemption from the scope of the Convention, which would go beyond what the Convention provides in its Article 1(4), rather than to the extent to which the Convention is applied to contracts awarded by authorities other than central authorities in accordance with Article 1(2) of the Convention. The Committee would therefore appreciate receiving further clarifications on this point.
The Committee would be grateful if the Government would continue to provide detailed information on the application of the Convention in practice, including copies of public contracts containing labour clauses, extracts from official reports, information concerning the number of contracts and workers covered by the relevant legislation, and any other particulars bearing on the application and enforcement of the provisions of the Convention.
The Committee notes the information contained in the Government’s report, and in particular the adoption of Act No. 933 of 15 December 1999 on posting of workers which implements the European Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of provision of services.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
The Committee notes with interest the information on the practical application of the Convention by the counties (Article 1(2) of the Convention).
The Committee notes the Government’s statement that, in certain cases where only Danish contractors have submitted tenders after publication in the Official Journal, some counties have not inserted labour clauses in the public contract. The Committee recalls that the possible exemption from the application of this Convention is limited to contracts involving the expenditure of public funds of an amount not exceeding a limit fixed by the competent authority after consultation with the organizations of employers and workers concerned (Article 1(4)), and that the nationality of tenderers should not be a basis for the exclusion from the scope of this Convention. The Committee would be grateful to the Government for stating whether the cases mentioned above relate to the exemption under Article 1(4) and, if not, whether it intends to take measures to extend the application of the Convention in such cases.
The Committee notes the Government's statement that, in certain cases where only Danish contractors have submitted tenders after publication in the Official Journal, some counties have not inserted labour clauses in the public contract. The Committee recalls that the possible exemption from the application of this Convention is limited to contracts involving the expenditure of public funds of an amount not exceeding a limit fixed by the competent authority after consultation with the organizations of employers and workers concerned (Article 1(4)), and that the nationality of tenderers should not be a basis for the exclusion from the scope of this Convention. The Committee would be grateful to the Government for stating whether the cases mentioned above relate to the exemption under Article 1(4) and, if not, whether it intends to take measures to extend the application of the Convention in such cases.
The Committee notes with interest that the Ministry of Labour has in agreement with the National Association of County Authorities and the National Associations of Municipal Authorities sent out Circular No. 115 of 27 June 1990 on labour clauses in public contracts in building and construction recommending that all municipalities and counties should include a labour clause in all contracts concerning public building and construction work in accordance with the guide-lines applying to public contracts under Circular No. 114 of May 1966.
The Committee would be glad if the Government would provide a general appreciation of the manner in which the Convention is applied under the new decisions, and if it would send further information giving, for instance, extracts from official reports, information concerning the number of contracts and workers covered by the relevant legislation, etc., and any other particulars bearing on the practical application of the Convention.