Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

1. Further to its previous comments, the Committee notes the Government’s repeated reference in its report to Act No. 90-11 of 21 April 1990 concerning labour relations, which applies to both public and private sectors and Act No. 88-07 of 26 January 1988 concerning health, safety and occupational medicine as well as the texts issued under these two Acts. The Government states that the labour clauses which must be mentioned in public contracts are those set out in these Acts and regulations.

The Committee notes, however, that the standards prescribed by these Acts are minimum standards and that the parties are free to agree, collectively or individually, on more favourable conditions. The Committee points out that the fact that the provisions of these Acts are included in public contracts 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 provide information in this regard.

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 the Government to provide the text of them. Noting that the Government’s report does not contain information on this matter, the Committee once again requests the Government to supply a copy of the text and information on any other measures taken or envisaged to ensure the application of the Convention.