Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is under review and should be resubmitted to the Legislative Council, the Committee recalls that the Government has been stating for the last 28 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep the Office informed of any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is under review and should be resubmitted to the Legislative Council, the Committee recalls that the Government has been stating for the last 28 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep the Office informed of any developments in this respect.

Finally, the Committee refers to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94. It also refers to the Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee regrets to observe that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is currently under review and should be resubmitted to the Legislative Council shortly, the Committee recalls that the Government has been stating for the last 28 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep the Office informed of any developments in this respect.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee regrets to observe that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is currently under review and should be resubmitted to the Legislative Council shortly, the Committee recalls that the Government has been stating for the last 27 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep it informed of any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee regrets to observe that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is currently under review and should be resubmitted to the Legislative Council shortly, the Committee recalls that the Government has been stating for the last 27 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep it informed of any developments in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments, the Committee has been requesting the Government to take the necessary measures to bring its legislation into conformity with the Convention, i.e. provisions have to be enacted to insert appropriate labour clauses in public contracts (Article 2(1) of the Convention) and to make the legislation applicable to all kinds of contracts covered by Article 1(1) of the Convention, including but not limited to public works contracts.

The Committee notes the Government's indication in the report that the British Virgin Islands Labour Code Ordinance, 1975, is in the process of being amended, and that section 47 of the draft Act makes provision for appropriate labour clauses to be inserted in all public contracts.

The Committee recalls that the enactment of such legislation has been under consideration since 1973. It can only reiterate the hope that the necessary measures will be taken in the very near future and hopes that the Government will be able to indicate, in its next report, that the legislation in question has been enacted to ensure the implementation of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes from the Government's report that it has not yet been able to enact legislation to give effect to the provisions of this Convention. However, the Government indicates that in practice the principles of the Convention are carried out. The Committee recalls that this legislation has been under consideration since 1973. It trusts that the necessary measures will be taken in the very near future and hopes that the Government will be able to indicate, in its next report, that progress has been made towards ensuring the enactment of the implementing legislation.

The Committee recalls that in order to bring such legislation into conformity with the Convention, provisions would have to be enacted to insert appropriate labour clauses in public contracts (Article 2(1) of the Convention) and to make the legislation applicable to all kinds of contracts covered by Article 1(1) of the Convention, including but not limited to public works contracts.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes from the Government's report that the Government has not been able to enact legislation to give effect to the provisions of the Convention. Recalling that this legislation has been under consideration since 1973, it trusts that the necessary measures will be taken in the very near future and hopes that the Government will be able to indicate, in its next report, that progress has been made to ensure the full application of the Convention.