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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous observation, the Committee notes the adoption of Act No. 1/01 of 4 February 2008 concerning the Code on Public Procurement. The new public procurement legislation regulates the award, execution and supervision of all public contracts on the basis of equality of treatment and transparency. It also establishes two organs, the National Directorate for oversight of public procurement operations (DNCMP) and the Regulatory Authority of public procurement (ARMP) which are responsible for ensuring compliance with laws and regulations in respect of public contracting. The Committee regrets to note, however, that the Code on Public Procurement does not provide for the insertion of labour clauses as prescribed by this Article of the Convention. In fact, the only provision which appears to address labour matters in relation to the public procurement process is section 55(1)(a) of the Code which excludes from public tendering persons who have not been regular in the payment of taxes, contributions and other dues of all kinds and who cannot produce a certificate of the administrative authority concerned showing compliance with those obligations. The Committee refers, in this respect, to paragraphs 117–118 of the General Survey of 2008 on labour clauses in public contracts in which it pointed out that the Convention does not relate to some general eligibility criteria of individuals or enterprises bidding for public contracts but requires a labour clause to be expressly included in the actual contract that is finally signed by the procuring entity and the selected contractor. Similarly, certification may offer some proof about tenderers’ past performance including respect for social obligations but carries no binding commitment with regard to prospective operations as labour clauses do. Noting that the Government in its last report had announced its intention to take appropriate action in order to bring its legislation into full conformity with the Convention, the Committee hopes that the necessary steps will be taken without further delay. Noting also that Decree No. 100/120 of 18 August 1990 on general conditions of contract will cease to apply upon the entry into force of the new Code on Public Procurement, the Committee requests the Government to transmit the text of the new general conditions of contract once they have been adopted. Moreover, the Committee requests the Government to clarify whether Presidential Decree No. 100/49 of 11 July 1986 on specific measures to guarantee minimum conditions to workers employed by a public contractor – which reproduces in essence the provisions of Article 2 of the Convention without, however, referring expressly to labour clauses – is still in force and, if so, how it is ensured the application of section 2 of that Decree in practice.

Finally, the Committee attaches herewith a copy of a Practical Guide on Convention No. 94 which was prepared by the Office based on the conclusions of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve their application in law and practice.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report, according to which public contracts do not contain any labour clauses in practice. The Government recognizes that this situation needs to be rectified and indicates that the Ministry of Finance is favourable to undertaking concrete action in this respect while the Ministry of Labour intends to address the question of the application of the Convention in the framework of the forthcoming examination of the new draft Code on Public Contracts.

The Committee feels obliged to recall, in this connection, that any implementing laws or regulations would need to apply the following core principles of the Convention: (i) insertion of labour clauses in all public contracts by virtue of which the contractor undertakes to ensure that all workers employed by him/her receive wages and enjoy conditions of labour which are not less favourable than the most favourable of those established by collective agreement or by laws and regulations for work of the same character in the same district; (ii) adequate coverage to ensure observance of the labour clauses even in the case of subcontracting; (iii) adequate publicity, for instance by advertising specifications, to ensure that persons tendering for public contracts are aware of the terms of labour clauses; (iv) adequate information for workers engaged in the execution of public contracts, especially through the posting of notices at the workplace, regarding the conditions of work applicable to them; and (v) adequate system of sanctions, such as the withholding of payments to the contractor, to ensure compliance with the terms of labour clauses.

The Committee hopes that the Government will take the necessary steps without further delay to ensure that the new legislation on public procurement is fully consistent with these basic requirements of the Convention and asks the Government to keep it informed of any progress made in this regard. It also recalls that the Government may avail itself of the technical assistance and expert advice of the Office should it so wish with a view to giving full effect to the provisions and objectives of the Convention in both law and practice.

[The Government is asked to report in detail in 2007.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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. Further to its previous comments, the Committee is bound to recall that, under Article 2, paragraphs 1 and 2, of the Convention, the workers employed in public contracts are entitled to wages and labour conditions at least as good as those normally observed for the kind of work in question, whether determined by collective agreements, arbitration or legislation. The reason the Convention refers to collective agreements first is that collective agreements, or agreements reached through some kind of negotiation or arbitration, normally prescribe more favourable conditions than the conditions flowing from legislation. The insertion therefore of labour clauses in public contracts seeks to guarantee that the workers concerned enjoy labour conditions not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. Therefore, while noting that collective agreements by sectors have not as yet been concluded, the Committee asks the Government to indicate the measures taken or envisaged to ensure that section 2 of Presidential Decree No. 100/49 of 11 July 1986 is applied in practice in a manner consistent with the requirements of the Convention.

In addition, the Committee notes that no specific measures have been taken to ensure that persons tendering for contracts are aware of the terms of the labour clauses. In fact, section 26 of Decree No. 100/120 of 18 August 1990 concerning the specifications of public contracts does not expressly provide that invitations to tender should contain information on the labour clauses. The Committee therefore requests the Government to take all appropriate measures to ensure that the terms of the labour clauses are brought to the notice of tenderers in accordance with Article 2, paragraph 4, of the Convention.

Part V of the report form. The Committee requests the Government to continue to provide, in accordance with Article 6 of the Convention and Part V of the report form, all available information on the practical application of the Convention, including, for instance, copies of public contracts containing labour clauses, extracts from official reports, information concerning the number of contracts awarded during the reporting period and the number of workers covered by relevant legislation, statistics from inspection services on the supervision and enforcement of relevant legislation and any other information bearing on the practical implementation of the requirements of the Convention.

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

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 notes the adoption of Decrees Nos. 1/015 of 19 May 1990 and 100/120 of 18 August 1990 on public contracts. In this connection, the Committee wishes to draw attention to the following points.

Article 2 of the Convention. Further to its previous comments, the Committee is bound to recall that, under Article 2, paragraphs 1 and 2, of the Convention, the workers employed in public contracts are entitled to wages and labour conditions at least as good as those normally observed for the kind of work in question, whether determined by collective agreements, arbitration or legislation. The reason the Convention refers to collective agreements first is that collective agreements, or agreements reached through some kind of negotiation or arbitration, normally prescribe more favourable conditions than the conditions flowing from legislation. The insertion therefore of labour clauses in public contracts seeks to guarantee that the workers concerned enjoy labour conditions not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. Therefore, while noting the Government’s indication that collective agreements by sectors have not as yet been concluded, the Committee asks the Government to indicate the measures taken or envisaged to ensure that section 2 of Presidential Decree No. 100/49 of 11 July 1986 is applied in practice in a manner consistent with the requirements of the Convention.

In addition, the Committee notes the Government’s statement that no specific measures have been taken to ensure that persons tendering for contracts are aware of the terms of the labour clauses. In fact, section 26 of Decree No. 100/120 of 18 August 1990 concerning the specifications of public contracts does not expressly provide that invitations to tender should contain information on the labour clauses. The Committee therefore requests the Government to take all appropriate measures to ensure that the terms of the labour clauses are brought to the notice of tenderers in accordance with Article 2, paragraph 4, of the Convention.

Part V of the report form. The Committee notes the statistical information contained in the Government’s report regarding the number of public contracts awarded in 1999 and 2000 as well as the number of workers engaged in the execution of some of those contracts. It requests the Government to continue to provide, in accordance with Article 6 of the Convention and Part V of the report form, all available information on the practical application of the Convention, including, for instance, copies of public contracts containing labour clauses, extracts from official reports, information concerning the number of contracts awarded during the reporting period and the number of workers covered by relevant legislation, statistics from inspection services on the supervision and enforcement of relevant legislation and any other information bearing on the practical implementation of the requirements of the Convention.

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

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the adoption of Decrees Nos. 1/015 of 19 May 1990 and 100/120 of 18 August 1990 on public contracts. In this connection, the Committee wishes to draw attention to the following points.

Article 2 of the Convention. Further to its previous comments, the Committee is bound to recall that, under Article 2, paragraphs 1 and 2, of the Convention, the workers employed in public contracts are entitled to wages and labour conditions at least as good as those normally observed for the kind of work in question, whether determined by collective agreements, arbitration or legislation. The reason the Convention refers to collective agreements first is that collective agreements, or agreements reached through some kind of negotiation or arbitration, normally prescribe more favourable conditions than the conditions flowing from legislation. The insertion therefore of labour clauses in public contracts seeks to guarantee that the workers concerned enjoy labour conditions not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. Therefore, while noting the Government’s indication that collective agreements by sectors have not as yet been concluded, the Committee asks the Government to indicate the measures taken or envisaged to ensure that section 2 of Presidential Decree No. 100/49 of 11 July 1986 is applied in practice in a manner consistent with the requirements of the Convention.

In addition, the Committee notes the Government’s statement that no specific measures have been taken to ensure that persons tendering for contracts are aware of the terms of the labour clauses. In fact, section 26 of Decree No. 100/120 of 18 August 1990 concerning the specifications of public contracts does not expressly provide that invitations to tender should contain information on the labour clauses. The Committee therefore requests the Government to take all appropriate measures to ensure that the terms of the labour clauses are brought to the notice of tenderers in accordance with Article 2, paragraph 4, of the Convention.

Part V of the report form. The Committee notes the statistical information contained in the Government’s report regarding the number of public contracts awarded in 1999 and 2000 as well as the number of workers engaged in the execution of some of those contracts. It requests the Government to continue to provide, in accordance with Article 6 of the Convention and Part V of the report form, all available information on the practical application of the Convention, including, for instance, copies of public contracts containing labour clauses, extracts from official reports, information concerning the number of contracts awarded during the reporting period and the number of workers covered by relevant legislation, statistics from inspection services on the supervision and enforcement of relevant legislation and any other information bearing on the practical implementation of the requirements of the Convention.

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

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

The Committee notes the information supplied by the Government in its reports, and in particular the adoption of Decrees Nos. 1/015 of 19 May 1990 and 100/120 of 18 August 1990 on public contracts. In this connection, the Committee wishes to draw attention to the following points.

Article 2 of the Convention. Further to its previous comments, the Committee is bound to recall that, under Article 2, paragraphs 1 and 2, of the Convention, the workers employed in public contracts are entitled to wages and labour conditions at least as good as those normally observed for the kind of work in question, whether determined by collective agreements, arbitration or legislation. The reason the Convention refers to collective agreements first is that collective agreements, or agreements reached through some kind of negotiation or arbitration, normally prescribe more favourable conditions than the conditions flowing from legislation. The insertion therefore of labour clauses in public contracts seeks to guarantee that the workers concerned enjoy labour conditions not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. Therefore, while noting the Government’s indication that collective agreements by sectors have not as yet been concluded, the Committee asks the Government to indicate the measures taken or envisaged to ensure that section 2 of Presidential Decree No. 100/49 of 11 July 1986 is applied in practice in a manner consistent with the requirements of the Convention.

In addition, the Committee notes the Government’s statement that no specific measures have been taken to ensure that persons tendering for contracts are aware of the terms of the labour clauses. In fact, section 26 of Decree No. 100/120 of 18 August 1990 concerning the specifications of public contracts does not expressly provide that invitations to tender should contain information on the labour clauses. The Committee therefore requests the Government to take all appropriate measures to ensure that the terms of the labour clauses are brought to the notice of tenderers in accordance with Article 2, paragraph 4, of the Convention.

Part V of the report form. The Committee notes the statistical information contained in the Government’s report regarding the number of public contracts awarded in 1999 and 2000 as well as the number of workers engaged in the execution of some of those contracts. It requests the Government to continue to provide, in accordance with Article 6 of the Convention and Part V of the report form, all available information on the practical application of the Convention, including, for instance, copies of public contracts containing labour clauses, extracts from official reports, information concerning the number of contracts awarded during the reporting period and the number of workers covered by relevant legislation, statistics from inspection services on the supervision and enforcement of relevant legislation and any other information bearing on the practical implementation of the requirements of the Convention.

[The Government is asked to report in detail in 2003.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret 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 following matters raised in its previous direct request:

Article 2 of the Convention. The Committee noted the information supplied earlier by the Government to the effect that section 2 of Presidential Decree No. 100/49 of 1986 is simply referring to the Labour Code, since the conditions of employment are determined by the Code. In this connection, the Committee points out that under the Convention, the conditions of employment to which Article 2 of this Convention refers are not only those set out in the labour legislation, but also those which prevail for work of the same character in the trade or industry concerned in the same region, and that these conditions of employment may be established by collective agreement or by enterprise agreements or regulations. The Committee therefore hopes that the Government will ensure that the conditions of labour that apply to workers affected by the contracts within the ambit of this Convention will be those that are in force in the trade or industry concerned in the same region and that they are established by means other than the labour legislation. Please therefore indicate the manner in which the conditions of labour applicable in practice are to be determined.

Point V of the report form. The Committee noted that the Government did not have statistics concerning the number of contracts and workers covered by the legislation or the number and nature of the contraventions that have been reported. The Committee, however, notes that the public works sector employs more daily and temporary labour than contract labour. The Committee hopes that the Government will be able to take the required measures to obtain the necessary information on these statistics and that it will supply this information in the near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret 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 following matters raised in its previous direct request:

Article 2 of the Convention. The Committee noted the information supplied earlier by the Government to the effect that section 2 of Presidential Decree No. 100/49 of 1986 is simply referring to the Labour Code, since the conditions of employment are determined by the Code. In this connection, the Committee points out that under the Convention, the conditions of employment to which Article 2 of this Convention refers are not only those set out in the labour legislation, but also those which prevail for work of the same character in the trade or industry concerned in the same region, and that these conditions of employment may be established by collective agreement or by enterprise agreements or regulations. The Committee therefore hopes that the Government will ensure that the conditions of labour that apply to workers affected by the contracts within the ambit of this Convention will be those that are in force in the trade or industry concerned in the same region and that they are established by means other than the labour legislation. Please therefore indicate the manner in which the conditions of labour applicable in practice are to be determined.

Point V of the report form. The Committee noted that the Government did not have statistics concerning the number of contracts and workers covered by the legislation or the number and nature of the contraventions that have been reported. The Committee, however, notes that the public works sector employs more daily and temporary labour than contract labour. The Committee hopes that the Government will be able to take the required measures to obtain the necessary information on these statistics and that it will supply this information in the near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret 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 following matters raised in its previous direct request:

Article 2 of the Convention. The Committee noted the information supplied earlier by the Government to the effect that section 2 of Presidential Decree No. 100/49 of 1986 is simply referring to the Labour Code, since the conditions of employment are determined by the Code. In this connection, the Committee points out that under the Convention, the conditions of employment to which Article 2 of this Convention refers are not only those set out in the labour legislation, but also those which prevail for work of the same character in the trade or industry concerned in the same region, and that these conditions of employment may be established by collective agreement or by enterprise agreements or regulations. The Committee therefore hopes that the Government will ensure that the conditions of labour that apply to workers affected by the contracts within the ambit of this Convention will be those that are in force in the trade or industry concerned in the same region and that they are established by means other than the labour legislation. Please therefore indicate the manner in which the conditions of labour applicable in practice are to be determined.

Point V of the report form. The Committee noted that the Government did not have statistics concerning the number of contracts and workers covered by the legislation or the number and nature of the contraventions that have been reported. The Committee, however, notes that the public works sector employs more daily and temporary labour than contract labour. The Committee hopes that the Government will be able to take the required measures to obtain the necessary information on these statistics and that it will supply this information in the near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret 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 following matters raised in its previous direct request:

Article 2 of the Convention. The Committee noted the information supplied earlier by the Government to the effect that section 2 of Presidential Decree No. 100/49 of 1986 is simply referring to the Labour Code, since the conditions of employment are determined by the Code. In this connection, the Committee points out that under the Convention, the conditions of employment to which Article 2 of this Convention refers are not only those set out in the labour legislation, but also those which prevail for work of the same character in the trade or industry concerned in the same region, and that these conditions of employment may be established by collective agreement or by enterprise agreements or regulations. The Committee therefore hopes that the Government will ensure that the conditions of labour that apply to workers affected by the contracts within the ambit of this Convention will be those that are in force in the trade or industry concerned in the same region and that they are established by means other than the labour legislation. Please therefore indicate the manner in which the conditions of labour applicable in practice are to be determined.

Point V of the report form. The Committee noted that the Government did not have statistics concerning the number of contracts and workers covered by the legislation or the number and nature of the contraventions that have been reported. The Committee, however, notes that the public works sector employs more daily and temporary labour than contract labour. The Committee hopes that the Government will be able to take the required measures to obtain the necessary information on these statistics and that it will supply this information in the near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 following matters raised in its previous direct request:

Article 2 of the Convention. The Committee noted the information supplied earlier by the Government to the effect that section 2 of Presidential Decree No. 100/49 of 1986 is simply referring to the Labour Code, since the conditions of employment are determined by the Code. In this connection, the Committee points out that under the Convention, the conditions of employment to which Article 2 of this Convention refers are not only those set out in the labour legislation, but also those which prevail for work of the same character in the trade or industry concerned in the same region, and that these conditions of employment may be established by collective agreement or by enterprise agreements or regulations. The Committee therefore hopes that the Government will ensure that the conditions of labour that apply to workers affected by the contracts within the ambit of this Convention will be those that are in force in the trade or industry concerned in the same region and that they are established by means other than the labour legislation. Please therefore indicate the manner in which the conditions of labour applicable in practice are to be determined.

Point V of the report form. The Committee noted that the Government did not have statistics concerning the number of contracts and workers covered by the legislation or the number and nature of the contraventions that have been reported. The Committee, however, notes that the public works sector employs more daily and temporary labour than contract labour. The Committee hopes that the Government will be able to take the required measures to obtain the necessary information on these statistics and that it will supply this information in the near future.

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

Article 2 of the Convention. The Committee notes the information supplied by the Government to the effect that section 2 of Presidential Decree No. 100/49 of 1986 is simply referring to the Labour Code, since the conditions of employment are determined by the Code. In this connection, the Committee points out that under the Convention, the conditions of employment to which Article 2 of this Convention refers are not only those set out in the labour legislation, but also those which prevail for work of the same character in the trade or industry concerned in the same region, and that these conditions of employment may be established by collective agreement or by enterprise agreements or regulations. The Committee therefore hopes that the Government will ensure that the conditions of labour that apply to workers affected by the contracts within the ambit of this Convention will be those that are in force in the trade or industry concerned in the same region and that they are established by means other than the labour legislation. Please therefore indicate the manner in which the conditions of labour applicable in practice are to be determined.

Point V of the report form. The Committee notes that the Government does not have statistics concerning the number of contracts and workers covered by the legislation or the number and nature of the contraventions that have been reported. The Committee, however, notes that the public works sector employs more daily and temporary labour than contract labour. The Committee hopes that the Government will be able to take the required measures to obtain the necessary information on these statistics and that it will supply this information in the near future.

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

Article 2 of the Convention and part V of the report form. The Committee refers to its observation. It requests the Government to indicate the manner of determining the conditions of employment regarded as being established under section 2 of Presidential Decree No. 100/49. The Committee would be grateful if the Government would also supply information concerning the practical effect given to the Convention, and particularly concerning the number of contracts and workers covered by the legislation, the steps taken to determine the conditions of employment established for all the workers in the occupation or industry concerned and which will be extended to workers in the service of employers operating under a public contract (with particular reference to wages and hours of work), and the number and nature of contraventions that are reported.