Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Maurice (Ratification: 1969)

Autre commentaire sur C094

Observation

Demande directe

2012
2008
2003

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Article 1(3) of the Convention. Scope of application. Subcontractors. Further to its previous comment, the Committee notes the Government’s indications that although there was initially a consensus to extend the provisions of section 46(5) of the Public Procurement Act 2006 concerning the insertion of labour clauses into public contracts to subcontractors and assignees, it was felt that it should be left to the main contractor to ensure compliance and to submit evidence of compliance to the public body.

The Committee observes that regardless of what the intention might have been, section 46(8) of the Public Procurement Act as it now stands does not place any responsibility upon the main contractor to ensure compliance with the terms of the labour clauses on the part of a subcontractor, nor does it explicitly require the main contractor to produce evidence of such compliance. The Committee notes, in this respect, that the contractor’s responsibility for the observance of the terms of the labour clauses by a subcontractor is clearly established in subclause 6.30 of the user’s guide relating to the standard bidding documents for procurement of large or complex works, as revised in July 2012. However, no similar clause is to be found in the standard bidding documents for security services, cleaning services and those for street cleaning, refuse collection and disposal services, all of which have been last revised in July 2012. The Committee wishes to refer to paragraphs 75–81 of the 2008 General Survey on labour clauses in public contracts which provide guidance in this regard. The Committee accordingly requests the Government to take all necessary measures to ensure that labour clauses fully apply to the work carried out by subcontractors and assignees, as required under Article 1(3) of the Convention.

Article 2. Insertion of labour clauses. The Committee notes that contrary to the standard bidding documents for cleaning services, security services and those for street cleaning, refuse collection and disposal services, which all contain labour clauses of the type required by the Convention, the standard bidding documents for procurement of goods do not appear to contain similar clauses. The Committee would appreciate receiving the Government’s explanations in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including, for instance, statistics on the number and types of public contracts and activity reports of the Central Procurement Board or the Procurement Policy Office on the implementation of the public procurement legislation.