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

The Committee notes with interest the Government’s first report on the application of the Convention and the legislative texts attached. In this connection, the Committee would appreciate receiving additional information on the following points.

Articles 1(1), 2(1) and (3) of the Convention. The Committee notes the standard form of contract for use in public contracts, paragraph 5(a) of which lays down that the wage rates, hours of work and other labour conditions applicable to the workers concerned may not be less favourable than those established for similar work in the district where the work is carried out. The Committee notes, however, that no indication is given of any provision actually requiring the use of such form in all public procurement contracts. The Committee therefore requests the Government to specify the national laws or regulations which guarantee the insertion of labour clauses in all public contracts, for instance by rendering obligatory the use of the standard form of contract, and also indicate whether consultations with the organizations of employers and workers concerned were carried out before the adoption of the relevant terms of the standard form.

Article 2(4). The Committee notes that the Rules on Purchases and Tenders Procedure do not expressly provide that public authorities have to inform contractors in advance of the terms of the labour clauses included in public contracts. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that persons tendering for public contracts are aware of the terms of the labour clauses.

Article 3. In the absence of any information provided by the Government in respect of this Article of the Convention, the Committee asks the Government to indicate how it is ensured that fair and reasonable conditions of health, safety and welfare apply to workers engaged in the execution of public contracts.

Article 4(a)(i) and (b)(ii). The Committee would appreciate receiving additional information on the measures taken to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the provisions of the Convention. Moreover, the Committee notes the Government’s statement that inspection is supervised and enforced by the Director of Audit and Chief Engineer. However, in the light of certain difficulties experienced in the past in maintaining an adequate system of inspection, the Committee would be grateful if the Government could provide additional information on the legal provisions regulating enforcement and the activities of the inspection services with regard to public procurement.

Part V of the report form. The Committee notes from the Government’s report that there are no data available concerning the application of the Convention in practice. The Committee hopes that the Government will take the necessary measures to obtain the relevant information and that it will be able to supply such information in the near future. In particular, the Committee would be grateful to the Government for supplying copies of public contracts containing labour clauses, extracts of reports by the inspection services, information on the number of contracts and workers covered by the relevant legislation and any other particulars bearing on the practical application of the Convention.