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

The Committee notes the adoption of Decrees No. 95/101 of 9 June 1995 regulating public contracts and No. 2000/156 of 30 June 2000 amending and supplementing the provisions of Decree No. 95/102 of 9 June 1995 establishing the functions, organization and operation of public contracts committees, which repeal Decree No. 86/903 of 18 July 1986 regulating public contracts. The Committee asks the Government to provide further information on the following points.

Article 4(a)(iii) of the Convention. The Committee notes that, in its report, the Government refers to section 50 of the Labour Code (Act No. 92/007 of 14 August 1992), which provides that a contractor must place on permanent display in every workshop, shop or worksite where he has work executed, his name, first name, address, trade, the name and address of the employer who has hired him, and the hours of work, and that such display is compulsory even if the work is carried out in the workshops, shops or worksites of the employer. The Committee notes that this provision of the Labour Code is not relevant to Article 4(a)(iii) of the Convention, which requires notices to be posted in conspicuous places at the establishments and workplaces concerned with a view to informing the workers of their conditions of work, including wage rates and hours of work. The Committee therefore asks the Government to indicate the measures taken or contemplated to give effect to these provisions.

Article 5. The Committee asks the Government to indicate the provisions establishing penalties for failure to observe and apply labour clauses, and the measures taken to enable the workers concerned to obtain the wages to which they are entitled.

Part V of the report form. The Committee notes from the Government’s report that no inspection reports dealing with public contracts are available. It asks the Government to supply information on the practical effect given to the Convention and to send copies of public contracts containing labour clauses. The Committee also hopes that the Government will be in a position in the future to obtain reports concerning public contracts from the inspection services or other supervisory bodies and to send extracts from them.