Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Iles Salomon (Ratification: 1985)

Autre commentaire sur C094

Demande directe

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Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s statement that the scope and purpose of the revision of the Labour Act are limited to dispositions that are considered relevant to the requirements of the Convention. The Government further indicates that the revision will depend on the availability of resources. The Committee recalls that the Government has been indicating since 2005 that a labour law reform relevant to the application of the Convention is under way in consultation with the social partners. It notes the lack of concrete progress in this regard. In particular, the Committee notes that the Labour Act, Cap. 73 section 80, on Labour (Fair Wages Clauses in Public Contracts) Rules, does not require the inclusion of labour clauses in public contracts. In its 2008 General Survey on labour clauses in public contracts, paragraph 44, the Committee clarified that the basic purpose of the Convention is: “to ensure that public contracts are executed under conditions of labour which are not less favourable than those established by collective agreement, arbitration award or national laws or regulations for work of the same character in the trade or industry concerned in the district where the work is carried out. This in practice means the most advantageous labour conditions for the workers concerned …”. The Committee noted, moreover, that the Convention “calls for the insertion of labour clauses of a very specific content” (paragraph 46), and that “the essential element required for the application of the Convention is that a labour clause along the terms prescribed in Article 2, paragraphs 1 and 2, of the Convention be incorporated into the text of the public contract” (paragraph 110). The Committee, therefore, urges the Government to take all necessary action without further delay to ensure that full effect is given to the core requirement of the Convention set out in this Article, namely the requirement that labour clauses be incorporated into every public contract whether for works, supply of goods or performance of services (Article 1). The Committee recalls that the Government can avail itself of the technical assistance of the Office in order to bring its law and practice into full compliance with the requirements of the Convention.

Application of the Convention. Part V of the report form. The Committee requests the Government to provide a detailed report with full particulars on each of the provisions of the Convention, to enable the Office to assess the extent to which the provisions of the Convention are applied in law and practice, and to transmit copies of any relevant bidding documents currently in use.