Observación (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee recalls its previous observations concerning the Government’s continued failure to provide for the insertion of labour clauses in public contracts in accordance with the provisions of the Convention. In its last report, the Government refers to the recently promulgated - but not yet entered into force - Labour Code No. 12 of 2003, section 79 of which provides that, if an employer entrusts another employer with one of his tasks or part thereof in the area of employment, the latter is under the obligation to treat equally his employees and the workers employed by the original employer. In the view of the Government, the new labour legislation is, by virtue of this provision alone, in conformity with the requirements of the Convention. While taking note of the Government’s statement, the Committee regrets that, despite its repeated comments, no real progress has been made in the application of the Convention. The provision of section 79 of the new Labour Code, which parenthetically is identical to that of section 57 of the current Labour Code No. 137 of 1981, bears little relevance to the obligation arising from Article 2 of the Convention for the insertion of standard labour clauses in those public contracts meeting the conditions specified in Article 1 of the Convention. The Committee has pointed out on several occasions that section 57 of the Labour Code concerns the equality of treatment between a subcontractor’s own workers and those of the main contractor but cannot guarantee to the workers concerned wages and labour conditions at least as good as those normally observed for the kind of work in question, whether determined by collective agreement or otherwise. In this situation the Committee once again asks the Government to take all necessary measures without further delay to bring its national law and practice into conformity with the clear terms and objectives of the Convention.

[The Government is asked to report in detail in 2004.]