Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Arménie (Ratification: 2005)

Autre commentaire sur C094

Demande directe

2017
2011
2008

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Article 2(1) of the Convention. Insertion of labour clause in public contracts. The Committee notes the Government’s succinct report, indicating that the question of payment for work performed based on employment contract is regulated under the Labour Code, irrespective of the source of finance for the contract or the form of ownership of the enterprise involved. In this connection, the Committee recalls that the Convention's object and purpose should not be confused with that of the general labour legislation. The main requirement of Convention No. 94 is to ensure through legislative or administrative means that a labour clause, along the terms specified in Article 2 of the Convention, is inserted in all public contracts. Therefore, the mere fact that all employers are subject to the provisions of the general labour legislation does not in itself give effect to this requirement of the Convention, as the Committee has indicated in paragraphs 110 and 113 of its 2008 General Survey on labour clauses in public contracts. The Committee expresses the firm hope that all necessary action will be taken shortly in order to implement this core provision of the Convention, and in this regard it recalls once again that the Government may draw upon the technical assistance of the Office, if it so wishes. In addition, the Committee requests the Government to transmit copies of any standard bidding documents, which may have been adopted in accordance with section 16(2)(d) of the Public Procurement Act.