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

The Committee understands that the new Employment Act, 1999 (No. 14 of 1999), which was elaborated with the technical assistance of the International Labour Office, has now come into force providing inter alia for the insertion of labour clauses in public contracts. It also understands that the new Employment Act repeals and replaces the Labour Clauses (Public Contracts) Ordinance, 1960 (Ordinance No. 34 of 1960) as subsequently amended. In this connection, the Committee would wish to draw the Government’s attention to the following points.

Article 2(2) of the Convention. The Committee notes that paragraph 2 of the Schedule appended to the Employment Act, 1999, refers to "established rates and conditions in other districts" without specifying that such rates and conditions have to be established by collective agreement or other recognized machinery of negotiation, by arbitration, or by national laws or regulations, as provided for in this Article of the Convention. The Committee hopes that the Government will take the necessary action to bring its legislation into full conformity with the Convention in this regard, for instance by using some wording similar to that used in paragraph 2 of the Schedule to the Labour Clauses (Public Contracts) Ordinance, 1960.

Article 3. The Committee notes the Government’s reply to its previous direct request which is in identical terms to that provided with the 1995 report in response to another similar request. The Committee therefore requests the Government to provide detailed information, including copies of any relevant legal texts not previously supplied, on the measures taken in law and practice in order to ensure fair and reasonable health, safety and welfare conditions for workers engaged in the execution of public contracts.

Moreover, the Committee would be grateful if the Government would supply in its next report, in accordance with Article 6 of the Convention and Part V of the report form, up-to-date information concerning the manner in which the Convention is applied in practice, including copies of public contracts containing labour clauses, reports of the inspection services regarding the supervision and enforcement of the relevant legislation, statistical information on the number and nature of infringements reported, and any other particulars bearing on the practical application of the Convention.