Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C094

Observation

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Article 1(3) of the Convention. Scope of application. Subcontractors. In its previous comments, the Committee noted the Government’s indications that, while there was initially a consensus on extending the provisions of section 46(5) of the Public Procurement Act, 2006, concerning the insertion of labour clauses to subcontractors and assignees, it was ultimately left to the main contractor to ensure compliance and to submit evidence of compliance to the public procurement authority. The Committee noted that section 46(8) of the 2006 Act does not place any responsibility on the main contractor to ensure compliance on the part of a subcontractor or to produce evidence of such compliance. The Committee once again draws the Government’s attention to the 2008 General Survey on labour clauses in public contracts, paragraphs 75–81, which provide guidance in this area. In particular, paragraph 75 points out that Article 1(3) of the Convention requires the competent authorities to take appropriate measures to ensure that labour clauses of the type required by the Convention are applied to work carried out by subcontractors or assignees of contracts. In light of the foregoing, the Committee once again requests the Government to take, without further delay, all necessary measures to ensure that labour clauses in public contracts apply fully to the work carried out by subcontractors and assignees, as required by Article 1(3) of the Convention, and to provide information on the progress achieved in this regard.

Article 2. Insertion of labour clauses. In its previous comments, the Committee requested the Government to clarify the reasons why the standard bidding documents for procurement of goods do not contain labour clauses of the type required by the Convention, while these clauses are contained in other standard bidding documents. The Committee notes the Government’s indication that the standard bidding documents for the procurement of goods is based on World Bank guidelines which do not contain the labour clauses required. The Committee wishes to draw the attention of the Government to its obligations under Article 2 and urges the Government to take measures to ensure full implementation with the requirements of the Convention.

Article 5(1). Adequate sanctions. The Committee requests the Government to indicate the measures taken or contemplated to ensure the application of adequate penalties for failure to respect the labour clauses contained in public contracts, as required under Article 5(1) of the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that the current system is not structured to capture up to date information on the practical application of the Convention, including 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. The Committee hopes that the Government will make every effort to collect and provide up-to-date information, including statistical information, enabling a general appreciation of the manner in which the Convention is implemented in practice.