Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. Inclusion of labour clauses in public contracts. Further to its previous comments, the Committee notes with regret that the Government’s report merely repeats information that was sent previously and does not refer to any progress made with regard to bringing the national legislation into line with the provisions of the Convention. The Committee previously noted the reference made by the Government to two communications, No. DM.359.2008 of 5 May 2008 and No. DM.374.2008 of 7 May 2008, sent by the Ministry of Work and Labour Development (MITRADEL) to the Ministry of Economic and Financial Affairs (MEF) and the Directorate-General of Public Procurement, respectively. Noting that the situation remains unchanged, the Committee reiterates that clauses in public contracts which merely recall the applicability and binding nature of national labour legislation, in particular with regard to wages, working hours and other conditions of work, do not comply with the provisions of the Convention.

Moreover, the Committee understands that the Directorate-General of Public Procurement, with the assistance of the World Bank, has developed a strategic plan to modernize the public procurement system and give it greater transparency and effectiveness. The plan comprises six tiers, including one concerned with ensuring the uniformity of tendering procedures and the preparation of standard documents. In this regard, the Committee considers that the Government might take this opportunity to adopt legislative provisions which would finally make it possible to bring the legislation into line with the provisions of the Convention. While reminding the Government that it can avail itself of technical assistance from the Office if it so desires, the Committee urges it to take the necessary steps to give effect to the provisions of the Convention and requests it to keep the Office informed of any developments, particularly in the legislative field.