Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in reply to its previous comments.

Article 2, paragraph 1, of the Convention. The Committee notes the Government’s intention to amend section 34 of Decree No. 8/990, as the Committee has been suggesting for several years, and to reintroduce the wording of section 1 of Decree No. 114/982 which was fully consonant with the provisions of this Article of the Convention. The Government indicates that the Ministry of Labour and Social Security has already prepared a text to this effect and states that a copy of the draft Decree was annexed to its report. Since no such document has been received by the Office, the Committee would be grateful if the Government would forward another copy of the draft text and report on any further developments regarding its adoption.

In addition, the Committee has been requesting the Government to indicate how it is ensured in law and in practice the insertion of labour clauses in all public contracts other than those related to construction of public works. In its reply, the Government indicates that all contractors, and not only those who have been awarded contracts for the construction of public works, are under the obligation to apply the wage rates and other working conditions as may be established by collective agreements in their respective sectors. The Committee requests the Government to specify whether all categories of workers who may be employed for the execution of public contracts, whether with respect to construction work, supply of services or procurement of goods, are effectively covered by sectoral collective agreements and, if not, to indicate the manner in which these workers are guaranteed wages, hours of work and other labour conditions at least as favourable as the most favourable established for work of the same character in the same area.

Article 2, paragraph 3. The Committee notes the Government’s statement to the effect that the social partners actively participate through collective bargaining to the determination of the working conditions applicable to each sector or branch of economic activity. However, the Committee feels obliged to point out that this Article of the Convention only relates to consultations bearing exclusively on the specific terms of the clauses to be included in the contracts. It therefore once again asks the Government to take appropriate action to ensure that any decision as to the scope and content of the labour clauses is taken after real and effective consultations with employers’ and workers’ representatives.

Moreover, the Committee recalls its previous comments in which it drew attention to the need for sufficient publicity to be given to the working conditions applicable to workers concerned, for instance by posting of notices in conspicuous places at the workplace, as required under Article 4(a)(iii) of the Convention. The Committee notes the Government’s reference to Decree No. 392/80 which requires a Work Register (Planilla de Trabajo) containing full particulars on hours of work performed and wages paid to be kept at all times at a place that is reasonably accessible to the workers. The Government further refers to the recent Decree No. 186/004 of 8 June 2004 which qualifies and punishes as a serious breach of the labour legislation the failure to display the Work Register in a visible place in the work establishment. The Committee would appreciate receiving a copy of the text of Decree No. 392/80.

Finally, the Committee would be grateful to the Government for supplying, in accordance with Article 6 and Part V of the report form, up-to-date information on the practical application of the Convention, including for instance copies of public contracts containing labour clauses, available statistics on the number of contracts awarded and the number of workers employed under these contracts during the reporting period, as well as information from labour inspection services on the supervision of the national laws and regulations regarding public procurement.