Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report and the attached documentation. It notes with regret that it has not been possible to make any significant progress, as the Government confines itself to noting the observations made by the Committee, while reiterating its commitment to establish the requirement in the new Labour Code for the inclusion of labour clauses in public contracts. The Committee is bound to remind the Government that it has been announcing its intention to give effect to the Committee’s suggestions for over 20 years without practical results. It therefore repeats its request concerning the amendment of the two Decrees of 1961, respecting public contracts for the supply of goods and services, insofar as they are still in force. It would be sufficient to amend these Decrees by introducing provisions similar to those of section 16(3) of Decree No. 61/136, determining the schedule of general administrative clauses applicable for the implementation of public works contracts, with references to the appropriate collective agreements. The Committee also requests the Government to keep it informed of any development in relation to the formulation and adoption of the new Labour Code.

With a view to assisting the Government in its efforts to give effect to the Convention, the Committee is providing in annex a copy of an explanatory note prepared by the Office on the objectives and provisions of the Convention. This note includes, in particular, a model legislative text to give effect to the provisions of the Convention. The Committee urges the Government to make every effort to ensure that the necessary measures are adopted in the very near future.