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Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Sint Maarten

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that the Convention was made applicable to Sint Maarten on October 10th, 2010. In its previous comments, initially made in 2012, the Committee has repeatedly requested the Government to take all necessary action in order to give full effect to the Convention and to provide detailed information in future reports on any progress made in this regard. The Committee notes with regret that the Convention is still not given effect in either law or practice, despite the Government’s indications over the past decade that draft directives concerning the insertion of labour clauses in public contracts were in preparation. It nevertheless notes the Government’s indication that it will be in a position to report on the application of the Convention in its next report. The Committee trusts that the Government will take all appropriate legislative or other measures without delay to give full effect to the core requirements of the Convention set out in Article 2, namely the insertion of labour clauses in all public contracts falling within the scope of Article 1 of the Convention. The Committee recalls that the Government can avail itself of the technical assistance of the Office should it wish to do so.

Application of the Convention. The Committee requests the Government to provide a detailed report with full particulars on the implementation of each of the provisions of the Convention, to enable the Office to assess the extent to which the provisions of the Convention are applied in law and practice, and to transmit extracts of bidding documents with the labour clauses in use.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to take all necessary action in order to give full effect to the Convention and to provide detailed information in future reports on any progress made in this regard. The Government indicates in its report that it is in the process of taking the necessary action to be in compliance with the Convention. The Committee recalls its earlier comments that the Convention is still not given effect in either law or practice despite the Government’s repeated statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts were under preparation. The Committee therefore reiterates that prompt steps need to be taken to implement the basic requirements of the Convention by providing for: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at workplaces with a view to informing workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. While acknowledging the complexity of the situation prevailing on the ground because of the extensive damage caused by the recent hurricane, the Committee trusts that the Government will soon be in a position to take the necessary action to bring its law and practice into conformity with the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to take all necessary action in order to give full effect to the Convention and to provide detailed information in future reports on any progress made in this regard. The Government indicates in its report that it is in the process of taking the necessary action to be in compliance with the Convention. The Committee recalls its earlier comments that the Convention is still not given effect in either law or practice despite the Government’s repeated statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts were under preparation. The Committee therefore reiterates that prompt steps need to be taken to implement the basic requirements of the Convention by providing for: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at workplaces with a view to informing workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. While acknowledging the complexity of the situation prevailing on the ground because of the extensive damage caused by the recent hurricane, the Committee trusts that the Government will soon be in a position to take the necessary action to bring its law and practice into conformity with the Convention.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to take all necessary action in order to give full effect to the Convention and to provide detailed information in future reports on any progress made in this regard. The Government indicates in its report that it is in the process of taking the necessary action to be in compliance with the Convention. The Committee recalls its earlier comments that the Convention is still not given effect in either law or practice despite the Government’s repeated statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts were under preparation. The Committee therefore reiterates that prompt steps need to be taken to implement the basic requirements of the Convention by providing for: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at workplaces with a view to informing workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. While acknowledging the complexity of the situation prevailing on the ground because of the extensive damage caused by the recent hurricane, the Committee trusts that the Government will soon be in a position to take the necessary action to bring its law and practice into conformity with the Convention.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that, following the dissolution of the Netherlands Antilles, all labour legislation previously forming part of the national legislation of the Netherlands Antilles continues to apply, and that no new legislation has been adopted and no amendments have been made to any of the existing legislation.

In this connection, the Committee recalls its earlier comments made with respect to the Netherlands Antilles that the Convention is still not given effect in either law or practice despite the Government’s repeated statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts were under preparation. The Committee therefore considers that prompt steps need to be taken to give effect to the basic requirements of the Convention, namely: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. The Committee accordingly requests the Government to take all necessary action in order to give full effect to the Convention and to provide detailed information in future reports on any progress made in this regard.