Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2 of the Convention. Labour clauses. Referring to its previous observation and to the comments made in 2006 by the General Union of Workers of Cameroon (UGTC), the Committee notes that the Government merely indicates that the failure by employers to comply strictly with the provisions of collective agreements is a recurring problem and that labour inspectors monitor the application of regulations and agreements in enterprises or on site and, if necessary, impose penalties on recalcitrant employers. With regard to the social security coverage of workers engaged in the execution of public contracts, the Government indicates that it has initiated a process of modernization of the social security system and that a draft Public Contracts Code is in the process of being drawn up.

The Committee recalls that for many years it has been commenting on legislation, such as Decree No. 86/903 of 1986 governing public contracts, Decree No. 95/101 of 1995 regulating public contracts and, more recently, Decree No. 2004/275 of 2004 issuing the Public Contracts Code, which do not give effect to Article 2 of the Convention that requires the inclusion of clauses ensuring to workers in enterprises involved in public contracts the same working conditions as those established for work of the same character in the trade or industry concerned in the district where the work is carried on. Furthermore, referring to the Public Contracts Code of 2004, the Committee requested the Government to take prompt action to ensure that full effect is given to the provisions of Article 4(a)(iii) (notices in workplaces) and Article 5 (withholding of contracts or of payments) of the Convention. The Committee urges the Government to take the necessary measures to finally bring its legislation into conformity with the Convention. It also requests the Government to keep the Office informed of any developments relating to the drafting of the new Public Contracts Code.