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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1)(c)(ii) and (iii) of the Convention. In its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intended to bring the matter to their attention. In this respect, the Committee recalled that no standard contract existed for public contracts for furnishing supplies and services, and that each public contract of these types was dealt with individually. The Committee further suggested that General Notice No. 9 of 1963 on fair wages should be extended to these public contracts, and hoped that the Government will soon take the necessary measures.

The Committee once again stresses that the main objective of the Convention is the insertion of appropriate labour clauses in public contracts so as to ensure to the workers concerned wages and other conditions of labour that are not less favourable than the prevailing conditions. Recalling also that arrangements seemed to exist for contracts for public works, the Committee hopes that the Government will soon be able to take the necessary measures to apply the Convention to public contracts for the furnishing of supplies and services.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.