Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Cameroun (Ratification: 1962)

Autre commentaire sur C094

Observation

Demande directe

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Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the Government’s indication that while the revision of the Public Contracts Code is still ongoing, new texts have been adopted to improve the efficiency of public procurement operations, including Decree No. 2012/075 of 8 March 2012 on the organization of the Ministry of Public Procurement; Decree No. 2012/074 of 8 March 2012 on the establishment and functioning of Public Procurement Committees; Decree No. 2012/076 of 8 March 2012 amending Decree No. 2001/048 of 23 February 2001 on the establishment and functioning of the Public Procurement Regulation Agency (ARMP); and Circular No. 001/CAB/PR of 19 June 2012 concerning the award and control of execution of public contracts. The Committee observes, however, that none of these documents contains any provision concerning the labour conditions applicable to persons engaged in the execution of public contracts.

In addition, the Committee notes the Government’s reference to the provisions of the Labour Code relating to wages and safety and health at the workplace as being the relevant provisions to be referenced in public contracts. In this connection, the Committee recalls paragraph 45 of its General Survey of 2008 on labour clauses in public contracts, in which it pointed out that the mere fact that the general labour legislation is applicable to public contractors does not release the Government from its obligation to draft and include appropriate labour clauses of the type provided for in Article 2(1) of the Convention in all public contracts, whether for construction works, manufacture of goods or supply of services. This is because the general labour legislation only establishes minimum standards, which are often improved by means of collective bargaining or arbitration awards. If this is the case, under the Convention, the workers concerned must enjoy working conditions which are at least aligned to most advantageous conditions set through collective agreement or arbitral award. The terms of the labour clauses must be determined after consultation with the employers’ and workers’ organizations concerned (Article 2(3)), must be brought to the knowledge of tenderers in advance of the selection process (Article 2(4)) and notices informing the workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)). The Committee therefore asks again the Government to take the necessary measures – legislative, administrative or others – for the insertion in all public contracts covered by this Convention of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention.