Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2 of the Convention. The Committee takes note of Decree No. 8/990 of 24 January 1990 approving the regulated text of the Articles of General Conditions for the Construction of Public Works, and of Decree No. 9/990 of 24 January 1990 approving the regulated text of the Articles of Conditions of the National Department of Viability for the Construction of Bridges and Highroads, which are supplied by the Government with its report. The Committee notes that the above Decree No. 8/990 sets forth clauses to which all the public works contracts are understood to be subject (section 1 of the Decree) and that its section 34 requires the contractor to comply with legal and regulatory provisions in force on the labour matters. It recalls that Decree No. 114/982 of 24 March 1982 which gives effect to this provision of the Convention stipulates that labour clauses should be included in the relevant contracts so that the contracting parties are obliged to comply with the provisions of arbitration awards and collective agreements in force for the branch of activities. The Committee would, therefore, point out that the provisions of section 34 of Decree No. 8/990 should be modified in accordance with sections 1 and 2 of Decree No. 114/982 so as to be brought into conformity with this provision of the Convention.

The Committee hopes that consultation will be made with the organisations of employers and workers concerned before such modification of the terms of the clause, in pursuance of Article 2, paragraph 3, of the Convention.

The Committee also requests the Government to provide information on measures taken to determine the clauses to be included in public contracts other than for public works (i.e. of the types referred to in Article 1(1)(c)(ii) and (iii) of the Convention).

Article 4(a)(iii). The Committee notes that section 27 of Decree No. 8/990 to which the Government refers in its report stipulates that the contractor should respect the orders of service and other written instructions by the director of the work, but that this provision does not require the posting of notices so as to inform the workers of their conditions of work. It therefore requests the Government to specify the provisions giving effect to this requirement of the Convention.

Articles 4(b)(i) and 5(2). The Committee notes the information supplied by the Government in reply to its previous comments regarding these points.