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

The Committee notes the Government’s indication that the reference to section 41, paragraphs 1 and 2 of the Public Contracts Code of 20 June 1984, made in section 42(3) of the same Code, is probably erroneous and that reference should rather be made to section 32, paragraphs 1 and 2 of the Code. The provision in question states that, in the case public procurement proceeds without competitive bidding either because it involves the use of a patent, licence or exclusive rights of a single provider, or because it may only be awarded to a specific entrepreneur for reasons related to technical specifications, prior investment, special equipment or know-how, the insertion of the clauses and conditions required by section 42 is optional. In this respect, the Committee wishes to point out that all public contracts coming under the scope of Article 1(1) of the Convention must include labour clauses irrespective of whether or not they are awarded through tendering. The Committee recalls that under Article 1, paragraphs 4 and 5, of the Convention, exemption from the application of the Convention is only possible in case of contracts involving the expenditure of public funds of an amount not exceeding a fixed limit, or in respect of certain categories of workers such as persons occupying positions of management or of a technical, professional or scientific character, whose conditions of employment are not regulated by national laws or regulations, collective agreement or arbitration award and who do not ordinarily perform manual work. The Committee therefore asks the Government to provide additional information on this matter and specify whether any use of the permissive provision of section 42(3) of the Public Contracts Code is made in practice.

In addition, the Committee notes that for several years the reports communicated by the Government have failed to contain information on the practical application of the Convention as requested in Parts III, IV and V of the report form. The Committee therefore asks the Government to supply all available information on the manner in which the Convention is applied in practice, including, for instance, extracts from inspection reports, statistics on the number of workers covered by relevant legislation, the number and nature of violations observed and penalties imposed, etc.