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

1. Further to its previous comments, the Committee notes the Government's reference in the report to Act No. 90-11 of 21 April 1990 respecting labour relations, which applies to both public and private sector and sets forth standards of employment relationships including the statutory hours of work and procedures for minimum wage fixing. The Committee, however, notes that what is prescribed by this Act is minimum standards and that parties are free to agree, collectively or individually, upon more favourable conditions. The Committee therefore points out that the fact of this Act being applicable to all workers does not release the Government from the obligation to take the necessary steps to ensure that public contracts contain the labour clause guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district in accordance with Article 2 of the Convention. The Committee hopes that measures will be taken to give effect to this provision of the Convention and requests the Government to keep it informed.

2. The Committee, in its earlier comments, noted the Government's indication that new provisions had been adopted concerning the Public Contracting Code and requested for their text. Noting that the Government's latest report does not contain information in this regard, the Committee once again requests the Government to supply information on any measures taken or envisaged to ensure the application of the Convention.