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Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - United Republic of Tanzania (RATIFICATION: 1962)

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Articles 1 and 2, 4 and 5 of the Convention. Insertion of labour clauses in public contracts. Notice of working conditions. Inspections and sanctions. For a number of years, the Committee has been requesting the Government to take the necessary measures 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. The Committee notes the Government’s reference to Rule 12 of the Employment and Labour Relations (General) Regulations G.N 47/2017, which provides that the statements of employee’s rights shall be in the manner prescribed in Form LAIF.9. The Committee notes, however, that Form LAIF.9 merely recalls the implementation of a set of rights covered under the Employment and Labour Relations Act, such as the right to exercise the rights to freedom of association, annual leave, payment for overtime work and night work allowances. The Committee therefore once again recalls that the mere fact that the general labour legislation is applicable to all workers does not release States that have ratified the Convention from their obligation to take the necessary measures to ensure that public contracts, whether for construction works, the manufacture of goods or the supply of services, include the labour clauses provided for in Article 2(1) of the Convention. 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 with the 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 workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)) (2008 General Survey on labour clauses in public contracts, paragraph 45). In this respect, the Committee notes the Government’s indication that it has noted the specific advice provided by the Committee in its comments on the Convention and that the insertion of labour clauses in public contracts will be addressed, following consultation with the social partners, in its upcoming expected review of the labour legislation. It adds that it will request ILO technical assistance in this respect to ensure that the amendments introduced to the labour legislation are aligned with the rules and principles enshrined in the Convention. The Committee further notes the information provided by the Government regarding the measures taken to promote compliance with the Convention, including the launching of campaigns to raise awareness of the Convention which are aimed at stakeholders, such as contractors and subcontractors. Measures also include conducting workshops for all stakeholders on the requirements of the Convention and the national labour laws whenever the Government entities sign contracts for public works. With respect to labour inspection, the Government refers to the elaboration, in collaboration with the ILO Dar-es-Salaam Office of a labour inspection manual in 2020 covering various issues relating to international labour standards and the provision of capacity-building training on labour inspection and administration to labour officers. The Committee expresses the hope that the Government will take the opportunity presented by the review of the labour legislation to bring its national legislation into full conformity with the provisions of the Convention, particularly with respect to the inclusion of a provision requiring the insertion in all public contracts covered by this Convention of labour clauses of a specific content and nature in compliance with the requirements of Article 2 of the Convention, as well as provisions to ensure the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention.It requests the Government indicate any progress made in this regard.The Committee further expresses the hope that technical assistance from the Office will be available in the near future.

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Articles 1, 2, 4 and 5 of the Convention. Insertion of labour clauses in public contracts. Notice. Sanctions. In its previous comments, the Committee requested the Government to take the necessary legislative, administrative or other measures to ensure the insertion in all public contracts specified in Article 1 of the Convention of the labour clauses required under paragraph 1 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. The Government indicates in its report that the Standard Tendering Documents are in effect and available for use by the procuring entities, in the procurement of works through medium and large contracts through national and international competitive tendering procedures. The Committee notes that section 20.1 of the General Conditions of Contract in the Standard Tendering Document for Medium and Large Works provide that a contractor is duty-bound to comply with all the relevant labour laws applicable in the country, including laws relating to workers’ employment, working hours, health, safety, welfare and immigration, and shall allow them all their legal rights. Pursuant to section 20.2 of these General Conditions of Contract, the contractor is also required to take all reasonable precautions to maintain the health and safety of personnel. The Committee notes, however, that the Standard Tendering Documents for the procurement of works for medium and large contracts do not refer to or contain any labour clauses to ensure that workers engaged under such contracts enjoy conditions of labour, including wages and hours of work, which are not less favourable than those established for work of the same character in the same district, as required under this provision of the Convention. Similar provisions are included in the General Conditions of Contract for the Standard Tendering Document for the procurement of smaller works (sections 21.1 and 21.2). Moreover, neither the Standard Tendering Documents for the procurement of goods or those for the procurement of consultancy services provide for application for either the general labour law or for the insertion of appropriate labour clauses. The Committee is once again compelled to draw the Government’s attention to its 2008 General Survey on labour clauses in public contracts, paragraph 45, in which the Committee emphasized that the mere fact that contractors under public contracts are required to adhere to general labour legislation does not release the Government from its obligation to draft and include appropriate labour clauses of the type required in Article 2(1) of the Convention in public contracts, whether for construction works, manufacture of goods or supply of services. As the Committee pointed out in its previous comments, this is because general labour legislation establishes only minimum standards, which are often improved through 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 the most advantageous conditions set through collective agreement or arbitral award. Moreover, Article 2 establishes that the terms of the labour clauses to be included in public contracts must be determined after consultation with the employers’ and workers’ organizations concerned (Article 2(3)) and brought to the knowledge of tenderers in advance of the selection process (Article 2(4)). In addition, notices informing the workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)). The Committee therefore once again requests 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 that comply 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. It also requests the Government to provide information on the manner in which effect is given to the central requirement of the Convention under Article 2. The Committee also requests the Government to indicate the relevant provisions establishing that the obligations under the Convention apply also to subcontractors or assignees, as required under Article 1(3) of the Convention.
Articles 4 and 5. Notice of working conditions. Sanctions. In its previous comments, the Committee requested the Government to take measures to ensure the enforcement of labour clauses in the manner prescribed by Articles 4 and 5 of the Convention. Moreover, notices informing the workers concerned of their conditions of work must be posted in conspicuous places at the establishments and workplaces concerned (Article 4(a)(iii)). The Committee requests the Government to indicate the measures taken or envisaged to give effect to Articles 4 and 5 of the Convention.

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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 adoption of the new Public Procurement Act, 2011 which repeals the Public Procurement Act, 2004. The Committee observes, however, that the new Act does not contain any provisions dealing with labour conditions applicable to persons engaged in the execution of public contracts. In its latest report, the Government explains that employment standards provided for under the Employment and Labour Relations Act and the minimum wage rates specified in the Wage Order No. 196 of 2013 are applicable to all employees including those employed for the execution of 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 the 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)).
Moreover, the Committee wishes to point out that the Convention does not necessarily call for legislative action but may also be given effect through regulations and administrative circulars or instructions, for instance ministerial regulations issued under section 105(2) of the Public Procurement Act or standardized tendering documents and forms approved by the Public Procurement Regulatory Authority pursuant to section 9(1) of the same Act. The Committee accordingly asks 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.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 2(1) of the Convention. Insertion of labour clauses. The Committee notes the adoption of the Public Procurement Act, 2004, and of the Public Procurement (Goods, Works, Non-Consultant Services and Disposal of Public Assets by Tender) Regulations, 2005. It notes, in particular, that the only provision in these texts which appears to address labour matters with relation to the public procurement process is to be found in section 14(1)(d) of the Regulations which provides that, as a prequalification criterion, suppliers, contractors and service providers must have fulfilled their obligations to pay taxes and social security contributions and they must abide to employment, environmental, health and safety requirements in the United Republic of Tanzania, where required. The Committee refers, in this respect, to paragraphs 117–118 of the General Survey of 2008 on labour clauses in which it pointed out that the Convention does not relate to some general eligibility criteria of individuals or enterprises bidding for public contracts but requires a labour clause to be expressly included in the actual contract that is finally signed by the procuring entity and the selected contractor. Similarly, certification may offer some proof about tenderers’ past performance and law-abiding conduct but carries no binding commitment with regard to prospective operations as labour clauses do. Noting therefore that the new public procurement legislation appears to contain no provision implementing the requirements of the Convention, the Committee requests the Government to specify how it is giving effect to the Convention in law and practice and to transmit copies of any relevant texts which may not have been communicated previously.
In addition, the Committee notes that, under section 7(1)(d) of the Public Procurement Act, the Public Procurement Regulatory Authority is responsible for preparing and issuing authorized versions of standard tendering documents. The Committee therefore requests the Government to indicate whether any standard bidding documents containing labour clauses have so far been issued and are currently in use and, if so, to transmit copies. Moreover, the Committee recalls that in an earlier report the Government had referred to the Conditions of Contract for Works of Civil Engineering Construction prepared by the International Federation of Consulting Engineers (FIDIC) as being systematically applied to all public contracts. In this respect, the Committee wishes to refer to paragraph 268 of the abovementioned General Survey in which it noted that the FIDIC general clause on rates of wages and conditions of labour does not fully meet the international standard set in the Convention since it does not refer to local wages and conditions of labour being established by collective agreement, arbitration award or national laws or regulations, it does not fully capture the idea that it is the most advantageous level of wages and working conditions established locally that is required under the contract, and it does not establish clearly that it applies also to subcontractors. The Committee accordingly requests the Government to provide additional explanations in this regard.
Part V of the report form. The Committee would be grateful if the Government would communicate together with its next report up to date information on the application of the Convention in practice, including for instance the average number of public contracts granted annually and the approximate number of workers engaged in their execution, labour inspection results concerning contract performance, copies of official documents such as reports or surveys undertaken by the Public Procurement Regulatory Authority on procurement matters, etc.

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Article 2(1) of the Convention. Insertion of labour clauses. The Committee notes the adoption of the Public Procurement Act, 2004, and of the Public Procurement (Goods, Works, Non-Consultant Services and Disposal of Public Assets by Tender) Regulations, 2005. It notes, in particular, that the only provision in these texts which appears to address labour matters with relation to the public procurement process is to be found in section 14(1)(d) of the Regulations which provides that, as a prequalification criterion, suppliers, contractors and service providers must have fulfilled their obligations to pay taxes and social security contributions and they must abide to employment, environmental, health and safety requirements in the United Republic of Tanzania, where required. The Committee refers, in this respect, to paragraphs 117–118 of the General Survey of 2008 on labour clauses in which it pointed out that the Convention does not relate to some general eligibility criteria of individuals or enterprises bidding for public contracts but requires a labour clause to be expressly included in the actual contract that is finally signed by the procuring entity and the selected contractor. Similarly, certification may offer some proof about tenderers’ past performance and law-abiding conduct but carries no binding commitment with regard to prospective operations as labour clauses do. Noting therefore that the new public procurement legislation appears to contain no provision implementing the requirements of the Convention, the Committee requests the Government to specify how it is giving effect to the Convention in law and practice and to transmit copies of any relevant texts which may not have been communicated previously.

In addition, the Committee notes that, under section 7(1)(d) of the Public Procurement Act, the Public Procurement Regulatory Authority is responsible for preparing and issuing authorized versions of standard tendering documents. The Committee therefore requests the Government to indicate whether any standard bidding documents containing labour clauses have so far been issued and are currently in use and, if so, to transmit copies. Moreover, the Committee recalls that in an earlier report the Government had referred to the Conditions of Contract for Works of Civil Engineering Construction prepared by the International Federation of Consulting Engineers (FIDIC) as being systematically applied to all public contracts. In this respect, the Committee wishes to refer to paragraph 268 of the abovementioned General Survey in which it noted that the FIDIC general clause on rates of wages and conditions of labour does not fully meet the international standard set in the Convention since it does not refer to local wages and conditions of labour being established by collective agreement, arbitration award or national laws or regulations, it does not fully capture the idea that it is the most advantageous level of wages and working conditions established locally that is required under the contract, and it does not establish clearly that it applies also to subcontractors. The Committee accordingly requests the Government to provide additional explanations in this regard.

Part V of the report form. The Committee would be grateful if the Government would communicate together with its next report up to date information on the application of the Convention in practice, including for instance the average number of public contracts granted annually and the approximate number of workers engaged in their execution, labour inspection results concerning contract performance, copies of official documents such as reports or surveys undertaken by the Public Procurement Regulatory Authority on procurement matters, etc.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the General Survey of 2008 on Convention No. 94, to help better understand the requirements of the Convention and ultimately improve its application in law.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the information provided by the Government bears no relevance to the procedure of public procurement but seems to refer to the employment and wage conditions of public servants in accordance with the Security of Employment Act (Civil Servants) No. 1 of 1988. The Committee recalls that the Convention requires the insertion of labour clauses in all public contracts falling within its scope, their advertisement, and appropriate sanctions in case of non-observance. It therefore requests the Government to indicate the legal or administrative texts giving effect to the specific requirements of the Convention.

Article 2 of the Convention. The Committee notes that the Conditions of Contract for Works of Civil Engineering Construction established by the “Fédération Internationale des Ingénieurs Conseils” (FIDIC) do not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the same district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and R.167A (1968 edition), which included clauses dealing with conditions of employment in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are currently in use and, if so, to supply a copy. If this is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses, as required under Article 2, in all public contracts covered by the Convention.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the information provided by the Government bears no relevance to the procedure of public procurement but seems to refer to the employment and wage conditions of public servants in accordance with the Security of Employment Act (Civil Servants) No. 1 of 1988. The Committee recalls that the Convention requires the insertion of labour clauses in all public contracts falling within its scope, their advertisement, and appropriate sanctions in case of non-observance. It therefore requests the Government to indicate the legal or administrative texts giving effect to the specific requirements of the Convention.

Article 2 of the Convention. The Committee notes that the Conditions of Contract for Works of Civil Engineering Construction established by the “Fédération Internationale des Ingénieurs Conseils” (FIDIC) do not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the same district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and R.167A (1968 edition), which included clauses dealing with conditions of employment in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are currently in use and, if so, to supply a copy. If this is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses, as required under Article 2, in all public contracts covered by the Convention.

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The Committee notes the Government’s report concerning the application of the Convention in Zanzibar. However, the information provided by the Government bears no relevance to the procedure of public procurement but seems to refer to the employment and wage conditions of public servants in accordance with the Security of Employment Act (Civil Servants) No. 1 of 1988. The Committee recalls that the Convention requires the insertion of labour clauses in all public contracts falling within its scope, their advertisement, and appropriate sanctions in case of non-observance. It therefore requests the Government to indicate the legal or administrative texts giving effect to the specific requirements of the Convention.

Moreover, the Committee notes that the Government’s report does not reply to the matters raised in its previous direct request. It therefore asks the Government to supply in its next report full information on the following points.

Article 2 of the Convention. The Committee notes that the Conditions of Contract for Works of Civil Engineering Construction established by the "Fédération Internationale des Ingénieurs Conseils" (FIDIC) do not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the same district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and R.167A (1968 edition), which included clauses dealing with conditions of employment in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are currently in use and, if so, to supply a copy. If this is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses, as required under Article 2, in all public contracts covered by the Convention.

[The Government is asked to reply in detail to the present comments in 2006.]

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes that the above Conditions of Contract established by the FIDIC does not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that, as the Government subsequently notes itself, this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and 167A (1968 edition), which included clauses dealing with conditions of employment of labour in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are in use, and if so to supply a copy. If it is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses as required under Article 2 in all public contracts covered by the Convention in terms of Article 1.

Application of the Convention in Zanzibar. Further to its previous direct request, the Committee requests the Government to supply information concerning the application of the Convention in Zanzibar.

[The Government is asked to report in detail in 2005.]

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes that the above Conditions of Contract established by the FIDIC does not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that, as the Government subsequently notes itself, this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and 167A (1968 edition), which included clauses dealing with conditions of employment of labour in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are in use, and if so to supply a copy. If it is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses as required under Article 2 in all public contracts covered by the Convention in terms of Article 1.

Application of the Convention in Zanzibar

Further to its previous direct request, the Committee requests the Government to supply information concerning the application of the Convention in Zanzibar.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes that the above Conditions of Contract established by the FIDIC does not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that, as the Government subsequently notes itself, this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and 167A (1968 edition), which included clauses dealing with conditions of employment of labour in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are in use, and if so to supply a copy. If it is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses as required under Article 2 in all public contracts covered by the Convention in terms of Article 1.

Application of the Convention in Zanzibar

Further to its previous direct request, the Committee requests the Government to supply information concerning the application of the Convention in Zanzibar.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the attached text of the Conditions of Contract for Works of Civil Engineering Construction [Part I. General Conditions], 4th edition, 1987, established by the "Fédération Internationale des Ingénieurs Conseils (FIDIC)".

Article 2 of the Convention. The Committee notes that the above Conditions of Contract established by the FIDIC does not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that, as the Government subsequently notes itself, this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and 167A (1968 edition), which included clauses dealing with conditions of employment of labour in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are in use, and if so to supply a copy. If it is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses as required under Article 2 in all public contracts covered by the Convention in terms of Article 1.

Application of the Convention in Zanzibar

Further to its previous direct request, the Committee requests the Government to supply information concerning the application of the Convention in Zanzibar.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the Government’s report and the attached text of the Conditions of Contract for Works of Civil Engineering Construction [Part I. General Conditions], 4th edition, 1987, established by the "Fédération Internationale des Ingénieurs Conseils (FIDIC)".

Article 2 of the Convention.  The Committee notes that the above Conditions of Contract established by the FIDIC does not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that, as the Government subsequently notes itself, this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and 167A (1968 edition), which included clauses dealing with conditions of employment of labour in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are in use, and if so to supply a copy. If it is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses as required under Article 2 in all public contracts covered by the Convention in terms of Article 1.

Application of the Convention in Zanzibar

Further to its previous direct request, the Committee requests the Government to supply information concerning the application of the Convention in Zanzibar.

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The Committee notes the Government's report and the attached text of the Conditions of Contract for Works of Civil Engineering Construction (Part I. General Conditions), 4th edition, 1987, established by the "Fédération Internationale des Ingénieurs Conseils (FIDIC)".

Article 2 of the Convention. The Committee notes that the above Conditions of Contract established by the FIDIC does not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the district, as required under this provision of the Convention. The Committee further notes the Government's reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that, as the Government subsequently notes itself, this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and 167A (1968 edition), which included clauses dealing with conditions of employment of labour in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are in use, and if so to supply a copy. If it is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses as required under Article 2 in all public contracts covered by the Convention in terms of Article 1.

Application of the Convention in Zanzibar

Further to its previous direct request, the Committee requests the Government to supply information concerning the application of the Convention in Zanzibar.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that for a number of years the Government's reports had indicated no change in the application of this Convention. However, the Committee recalls that the last detailed report on the application of the Convention was dated 1972 and that this report essentially covered the Mainland (Tanganyika).

The Committee requests the Government to supply information concerning the application of the Convention in Zanzibar, including, for instance, whether the regulations and directives referred to in the above reports also apply to Zanzibar, and to supply copies of contracts awarded by the Government which are covered by this Convention.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that for a number of years the Government's reports had indicated no change in the application of this Convention. However, the Committee recalls that the last detailed report on the application of the Convention was dated 1972 and that this report essentially covered the Mainland (Tanganyika).

The Committee requests the Government to supply information concerning the application of the Convention in Zanzibar, including, for instance, whether the regulations and directives referred to in the above reports also apply to Zanzibar, and to supply copies of contracts awarded by the Government which are covered by this Convention.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted that for a number of years the Government's reports had indicated no change in the application of this Convention. However, the Committee recalls that the last detailed report on the application of the Convention was dated 1972 and that this report essentially covered the Mainland (Tanganyika).

The Committee requests the Government to supply information concerning the application of the Convention in Zanzibar, including, for instance, whether the regulations and directives referred to in the above reports also apply to Zanzibar, and to supply copies of contracts awarded by the Government which are covered by this Convention.

CMNT_TITLE

The Committee notes that for a number of years the Government's reports have indicated no change in the application of this Convention. However, the Committee recalls that the last detailed report on the application of the Convention was dated 1972 and that this report essentially covered the Mainland (Tanganyika).

The Committee requests the Government to supply information concerning the application of the Convention in Zanzibar, including, for instance, whether the regulations and directives referred to in the above reports also apply to Zanzibar, and to supply copies of contracts awarded by the Government which are covered by this Convention.

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