Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Further to its previous observation, the Committee notes the Government's statement to the effect that the necessary measures to bring the legislation into conformity with the provisions of the Convention are in progress. The Government also indicates that it has accepted the suggestion to consider requesting ILO assistance in adopting the necessary legislation to apply the Convention.

The Committee recalls that section 18 of Decree No. 86/903 of 18 July 1986 governing public contracts, which provides that enterprises submitting tenders must undertake in their bid to comply with all legislative, regulatory or collective agreement provisions relating to wages, working conditions, safety, health and welfare of the workers concerned, does not implement Article 2 of the Convention requiring the inclusion of clauses guaranteeing to workers in enterprises involved in public contracts the same working conditions as those for work of the same character in the trade or industry concerned in the nearest appropriate district.

The Committee hopes that the Government will adopt the necessary measures to bring its legislation into conformity with the Convention. It requests the Government to indicate all measures taken or envisaged in this regard, including contact made with the ILO in regard to the possibility of technical assistance.