Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee recalls its previous observations concerning the Government’s continued failure to provide for labour clauses in public contracts in accordance with the provisions of the Convention. In its last report, the Government refers to Constitutional Acts I and II of 15 March 2003 on the provisional organization of state powers and Order No. 007/MJI-DGET/DTLS of 27 February 1979 determining the classification and basic wage of workers in the absence of collective agreements. Even though copies of the above texts have not been made available to the Committee, the Committee estimates that these instruments bear strictly no relevance to the obligation arising from Article 2 of the Convention for the insertion of standard labour clauses in those public contracts falling within the conditions specified in Article 1 of the Convention. The Government states that the terms of the clauses to be inserted in public contracts have not been determined but takes the view that the requirements of the Convention are complied with merely because public contracts are awarded by central authorities, they are subject to the relevant provisions of the Labour Code and their execution is controlled by the regional labour inspection services. While noting the Government’s statement, the Committee regrets that no real progress has been made in the application of the Convention. The Committee recalls the Government’s repeated assurances that the 1961 decrees on public contracts for the supply of goods and services would be amended taking into account the Committee’s suggestions. The Committee also recalls that it has been requesting for years a copy of the National Collective Agreement for Public Works and Construction to which reference was made in the Government’s report submitted in June 1987 but no such text has ever been received. Under the circumstances, the Committee hopes that the Government will make a real effort to maintain a meaningful dialogue with the supervisory organs of the Organization on the application of this Convention. It once again urges the Government to take all necessary measures without further delay to bring its national law and practice into conformity with the clear terms and objectives of the Convention.

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