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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.
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 2 of 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.
Repetition Article 1(1)(c)(ii)–(iii) of the Convention. Scope of application. In its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intended to bring the matter to their attention. In this respect, the Committee recalled that no standard contract existed for public contracts for furnishing supplies and services, and that each public contract of these types was dealt with individually. The Committee further suggested that General Notice No. 9 of 1963 on fair wages should be extended to these public contracts, and hoped that the Government will soon take the necessary measures.The Committee once again stresses that the main objective of the Convention is the insertion of appropriate labour clauses in public contracts so as to ensure to the workers concerned wages and other conditions of labour that are not less favourable than the prevailing conditions. Recalling also that arrangements seemed to exist for contracts for public works, the Committee hopes that the Government will soon be able to take the necessary measures to apply the Convention to public contracts for the furnishing of supplies and services.
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 matters raised in its previous direct request, which read as follows:
Article 1(1)(c)(ii) and (iii) of the Convention. Scope of application. In its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intended to bring the matter to their attention. In this respect, the Committee recalled that no standard contract existed for public contracts for furnishing supplies and services, and that each public contract of these types was dealt with individually. The Committee further suggested that General Notice No. 9 of 1963 on fair wages should be extended to these public contracts, and hoped that the Government will soon take the necessary measures.
The Committee once again stresses that the main objective of the Convention is the insertion of appropriate labour clauses in public contracts so as to ensure to the workers concerned wages and other conditions of labour that are not less favourable than the prevailing conditions. Recalling also that arrangements seemed to exist for contracts for public works, the Committee hopes that the Government will soon be able to take the necessary measures to apply the Convention to public contracts for the furnishing of supplies and services.
Finally, the Committee refers, once again, 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.
Article 1(1)(c)(ii) and (iii) of the Convention. In its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intended to bring the matter to their attention. In this respect, the Committee recalled that no standard contract existed for public contracts for furnishing supplies and services, and that each public contract of these types was dealt with individually. The Committee further suggested that General Notice No. 9 of 1963 on fair wages should be extended to these public contracts, and hoped that the Government will soon take the necessary measures.
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.
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.
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.
Article 1(1)(c)(ii) and (iii) of the Convention. In its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intended to bring the matter to their attention. In this respect, the Committee recalled that no standard contract existed for public contracts for furnishing supplies and services, and that each public contract of these types was dealt with individually. The Committee recalled the suggestion made concerning the extension to these public contracts of General Notice No. 9 of 1963 on Fair Wages, and hoped that the Government will soon take the necessary measures.
The Committee notes that the report of the Government does not refer to the above measure and indicates that the provisions of the Convention in question were fully covered by and included in the revision of the legislation and that the Draft Employment Rights Act seeks to cover employment in public service and any public or parastatal organization. The Committee recalls that the main objective of the Convention is the insertion of appropriate labour clauses in public contracts so as to ensure to the workers concerned wages and other conditions of labour that are not less favourable than the prevailing conditions. Recalling also that arrangements seemed to exist for contracts for public works, the Committee hopes that the Government will soon be able to take the necessary measures to apply the Convention to public contracts for the furnishing of supplies and services.
[The Government is asked to report in detail in 2005.]
Article 1(1)(c)(ii) and (iii) of the Convention. In its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intended to bring the matter to their attention. In this respect, the Committee recalled that no standard contract existed for public contracts for furnishing supplies and services, and that each public contract of these types was dealt with individually. The Committee recalled the suggestion made concerning the extension to these public contracts of General Notice No. 9 of 1963 on Fair Wages, and hoped that the Government will soon take the necessary measures. The Committee notes that the report of the Government does not refer to the above measure and indicates that the provisions of the Convention in question were fully covered by and included in the revision of the legislation and that the Draft Employment Rights Act seeks to cover employment in public service and any public or parastatal organization. The Committee recalls that the main objective of the Convention is the insertion of appropriate labour clauses in public contracts so as to ensure to the workers concerned wages and other conditions of labour that are not less favourable than the prevailing conditions. Recalling also that arrangements seemed to exist for contracts for public works, the Committee hopes that the Government will soon be able to take the necessary measures to apply the Convention to public contracts for the furnishing of supplies and 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 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 1(1)(c)(ii) and (iii) of the Convention. With reference to its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intends to bring the matter to their attention. In this respect, the Committee recalls that it had noted previously that no standard contract exists for public contracts for furnishing supplies and services, and that each public contract of these types is dealt with individually. The Committee recalls the suggestion made concerning the extension to these public contracts of General Notice No. 9 of 1963 on Fair Wages, and hopes that the Government will soon take the necessary measures.
Article 1(1)(c)(ii) and (iii) of the Convention. With reference to its previous comments, the Committee notes with interest that the Ministry of Labour has identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intends to bring the matter to their attention. In this respect, the Committee recalls that it had noted previously that no standard contract exists for public contracts for furnishing supplies and services, and that each public contract of these types is dealt with individually. The Committee recalls the suggestion made concerning the extension to these public contracts of General Notice No. 9 of 1963 on Fair Wages, and hopes that the Government will soon take the necessary measures.
The Committee recalls that no arrangements exist which apply the Convention to public contracts for the furnishing of supplies and services (Article 1(1)(c)(ii) and (iii) of the Convention), though such arrangements do appear to exist for public contracts for public works. The Committee suggests that the Government take the necessary measures to apply the Convention to these kinds of public contracts, for instance by extending to them General Notice No. 9 of 1963 concerning Fair Wages in Government Contracts.