Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s reference to the general terms of contracts issued by the Public Works Department of Sarawak, excerpts of which were attached to the Government’s report. It notes, in particular, that section 15.1 of the general terms provides that the contractor must comply with all orders, notices or instructions of the Director of Labour and with the provisions of the Labour Ordinance (Chapter 76) or any other written law. In this connection, the Committee wishes to refer to paragraph 110 of its General Survey of 2008 on labour clauses in public contracts, in which it pointed out that a clause in public contracts generally requiring conformity with general labour legislation alone does not ensure the application of the Convention, since the essential element required for the application of the Convention is that a labour clause, as prescribed in Article 2, paragraphs 1 and 2, of the Convention, be incorporated into the public contract. In addition, the Committee recalls that the Government has been referring in earlier reports to sections 21 (fair wages) and 22 (days and times of work) of the general terms of contracts which gave full effect to the requirements of the Convention. The Committee accordingly requests the Government to specify whether the above clauses are still part of the current version of the general terms of contracts or whether they have been removed or otherwise amended in the meantime. Moreover, recalling that the general terms apply only to contracts for public works, the Committee asks the Government to explain how it is given effect to the Convention in respect of public contracts for the manufacture of goods or the supply of services. Finally, the Committee would appreciate receiving a copy of the full text of the general terms of contracts currently in force.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the General Survey of 2008 on Convention No. 94, to help better understand the requirements of the Convention and ultimately improve its application in law.