Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information provided in the Government’s report, and in particular the adoption of the new Public Procurement Act (SG No. 56/1999). In this connection, the Committee wishes to draw attention to the following points.

Articles 2 and 5 of the Convention. The Committee notes that the Public Procurement Act does not lay down the insertion of labour clauses in public contracts nor does it provide for adequate sanctions applicable in the event of failure to observe such clauses. Recalling that this Convention cannot be considered to be applied unless these two central requirements are fully met, the Committee stresses the need for appropriate action to give effect to the above Articles as a matter of priority. The Committee recalls that public contracts under the scope of application of the Convention must contain clauses ensuring to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district. The Committee also recalls that the terms of the clauses to be included in contracts have to be determined after consultation with the organizations of employers and workers concerned and trusts that the necessary steps will soon be taken to give legislative expression to the requirements of the Convention with respect to labour clauses and adequate sanctions. The Committee asks the Government to supply in its next report information on any progress achieved in this regard.

Moreover, the Committee would appreciate if the Government, in adopting new legislation making provision for labour clauses and relevant sanctions, would also consider measures for the application of the Convention to work carried out by subcontractors (Article 1(3)); the possible exemption of contracts below a fixed limit, or of persons occupying managerial or technical positions, from the application of the Convention (Article 1(4) and (5)); the posting of relevant notices in conspicuous places at the workplace (Article 4(a)(iii)); and suitable arrangements to ensure effective enforcement, e.g. maintenance of adequate records and effective inspection (Article 4(b)).