Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee regrets the Government’s continued failure to give effect to the Convention and to effectively apply it in practice. More than 45 years after ratification, the Government has still to adopt implementing legislation providing for the insertion of labour clauses in public contracts. Despite the Government’s statement that it has replied to all queries raised in previous comments, the Committee is obliged once again to observe that the Labour Code cannot automatically guarantee to the workers employed for the execution of public contracts labour conditions which are not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. The general labour legislation prescribes minimum standards, such as wage levels, and does not necessarily reflect the actual working conditions of workers whereas the Convention requires workers engaged in the execution of public contracts to be paid the wage that is generally paid in practice rather than the minimum wage provided for in the legislation.

With a view to assisting the Government in its effort to better understand the aims of the Convention and adapt its national legislation accordingly, the Committee attaches herewith a copy of an Explanatory Note prepared by the International Labour Office to this effect. The Note includes also a model text illustrating one of several ways in which legislative conformity with the Convention may be ensured. The Committee draws the Government’s attention in this connection to the fact that the Convention does not necessarily call for the enactment of specific legislation, but it can also be applied by means of administrative instructions or circulars. The Committee asks the Government to take without further delay all the necessary measures in order to apply effectively the Convention in both law and practice. Finally, the Committee notes the Government’s request for technical assistance with a view to obtaining detailed explanations concerning the application of the Convention. The Committee trusts that the Office will respond favourably to this request and hopes that the Government will make good use of the Office’s advisory services so as to meet at last the requirements of the Convention.