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Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Syrian Arab Republic (Ratification: 1957)

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Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes that the Government once again refers to Legislative Decree No. 450 of 9 December 2004, reiterating that the Decree was adopted in response to the provisions of the Convention. The Government also refers to Decision No. 2644 of 30 September 2013 concerning the terms and conditions for licensing of special recruitment offices engaged in recruiting non-Syrian female domestic workers and the terms and conditions of their employment in the Syrian Arab Republic. The Committee expresses its concern that, despite the detailed explanations provided in its previous comments regarding the scope and purpose of the Convention and the steps required for its practical implementation, the Government continues to refer to legislative texts which have little relevance to the Convention and do not provide for the type of labour clauses prescribed in Article 2 of the Convention. As the Committee pointed out in its previous comments, the obligations established under Article 2 are directed at the State and not at contractors. In its 2008 General Survey on labour clauses in public contracts, paragraphs 45–46 and 117, the Committee observed that the essential purpose of the Convention is to ensure that workers employed under public contracts shall enjoy the same conditions as workers whose conditions of employment are fixed not only by national legislation but also by collective agreements or arbitration awards. The Convention calls for the insertion of labour clauses of a very specific content. Additionally, it requires that a labour clause be expressly included in the contract that is signed by the public authority and the selected contractor, not in the employment contract between an employer and a worker, as the Committee noted in its previous comments. The Committee expresses the firm hope that the Government will take steps without delay to adopt laws and regulations that require the inclusion in all public contracts covered by the Convention, of the labour clauses prescribed under Article 2.
Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice including, for instance, examples of public contracts containing labour clauses, extracts from inspection service reports and details of the number and nature of violations reported and the sanctions imposed.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes that the Government’s report refers once again to section 29(b) of Legislative Decree No. 450 of 9 December 2004 promulgating the general conditions applicable within the framework of the uniform system of contracts for public bodies. Section 29 of the above Decree provides that the conditions of recruitment for workers engaged in the execution of public contracts must be consistent with the provisions of the Labour Code and Convention No. 94. The Government’s report further indicates the forms and types of employment contracts applicable between employers and workers and provides a copy of a model employment contract.
In this regard, the Committee notes that despite the detailed explanations provided in its previous comments regarding the scope and purpose of the Convention as well as the steps required for its practical implementation, the Government continues to refer to legislative texts which have little relevance to the Convention as they do not provide for the type of labour clauses prescribed in Article 2 of the Convention. Particularly, the obligation provided for under Article 2 of the Convention is directed at the State and not at contractors, and the Government accordingly has to ensure that the national legislation provides that public contracts will contain labour clauses as prescribed by this Article. Therefore, the Convention provides that a labour clause be inserted in a public contract concluded between the public authorities and an enterprise that won a bid, and not in the employment contract between an employer and a worker. The idea behind the adoption of an ILO standard on labour clauses in public contracts is that public authorities, in contracting for the execution of construction works, or for the supply of goods and services, should concern themselves with the working conditions under which the operations in question are carried out. The concern stems from the fact that government contracts are usually awarded to the lowest bidder and that contractors may be tempted, in view of the competition involved, to save on labour costs. In such contexts, it is generally recognized that governments should not be seen as entering into contracts involving the employment of workers under conditions below a certain level of social protection, but, on the contrary, as setting an example by acting as model employers. In other words, the objective of a labour clause is first to prevent the use of labour costs as an element of competition among bidders for public contracts, by requiring that all bidders respect as a minimum certain locally established standards. Second, to ensure that public contracts do not exert a downward pressure on wages and working conditions, by placing a standard clause in the public contract to the effect that workers employed to execute the contract shall receive wages and shall enjoy working conditions that are not less favourable than those established for work in the same area carried by a collective agreement, an arbitration award or national laws and regulations. It is precisely because employment and working conditions set out in general labour legislation are often improved through collective bargaining that the Committee has consistently taken the view that the mere fact of the national legislation being applicable to all workers does not release the government concerned from its obligation to provide for the insertion of labour clauses in all public contracts in accordance with Article 2(1) and (2) of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may also be applied through administrative instructions or circulars, the Committee once again expresses the hope that the Government will take prompt action to ensure the effective implementation of the Convention both in law and in practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the general human rights situation in the country as referred to in its comments under Convention No. 105. It also notes with regret 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:
Repetition
Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the adoption of Act No. 51 of 9 December 2004 approving the uniform system of contracts for public bodies, and that of Decree No. 450 of 9 December 2004 promulgating the general conditions applicable within the framework of the uniform system of contracts for public bodies. It notes that section 29, paragraph B, of the above Decree, which only applies to labour markets, provides that the conditions of recruitment for workers engaged in the execution of public contracts must be consistent with the provisions of the Labour Code and Convention No. 94, and that the contracting parties must respect the provisions of these two texts.
The Committee notes that this provision does not in itself ensure full respect of the fundamental obligation imposed by Article 2 of the Convention. According to this provision, public contracts to which the Convention applies must include clauses ensuring to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the same area by collective agreement, by arbitration award or by national laws or regulations. A mere mention of the Convention in a decree of general application does not therefore guarantee that each public contract covered by the Convention includes the labour clauses prescribed by the Convention.
In this regard, the Committee emphasizes the importance of other provisions of the Convention, in particular Article 4, which provides that notices setting forth the laws or regulations giving effect to the provisions of the Convention must be posted in workplaces with a view to informing the workers concerned of their conditions of work. Given the terse language of the relevant portion of Decree No. 450, the posting of that text in enterprises party to a public contract would not enable the workers concerned to obtain specific knowledge of their conditions of work. Moreover, Article 5 of the Convention provides for sanctions in the event of failure by the enterprise to observe the provisions of labour clauses in public contracts; these sanctions may take the form of the suspension of a contract or the withholding of payments that are due to the enterprise. The application of this Article of the Convention cannot be guaranteed either, due to the absence of specific labour clauses in Decree No. 450. The Committee therefore hopes that the Government will, in the very near future, adopt implementing regulations for Decree No. 450 of 9 December 2004, so as to require the inclusion, in all public contracts covered by the Convention, of labour clauses consistent with its requirements. The Government is also requested to indicate whether or not Circular No. 70/B2174/15 of 22 July 1969, concerning the payment of wages due to workers engaged in executing public contracts, is still in force.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:
Repetition
Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the adoption of Act No. 51 of 9 December 2004 approving the uniform system of contracts for public bodies, and that of Decree No. 450 of 9 December 2004 promulgating the general conditions applicable within the framework of the uniform system of contracts for public bodies. It notes that section 29, paragraph B, of the above Decree, which only applies to labour markets, provides that the conditions of recruitment for workers engaged in the execution of public contracts must be consistent with the provisions of the Labour Code and Convention No. 94, and that the contracting parties must respect the provisions of these two texts.
The Committee notes that this provision does not in itself ensure full respect of the fundamental obligation imposed by Article 2 of the Convention. According to this provision, public contracts to which the Convention applies must include clauses ensuring to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the same area by collective agreement, by arbitration award or by national laws or regulations. A mere mention of the Convention in a decree of general application does not therefore guarantee that each public contract covered by the Convention includes the labour clauses prescribed by the Convention.
In this regard, the Committee emphasizes the importance of other provisions of the Convention, in particular Article 4, which provides that notices setting forth the laws or regulations giving effect to the provisions of the Convention must be posted in workplaces with a view to informing the workers concerned of their conditions of work. Given the terse language of the relevant portion of Decree No. 450, the posting of that text in enterprises party to a public contract would not enable the workers concerned to obtain specific knowledge of their conditions of work. Moreover, Article 5 of the Convention provides for sanctions in the event of failure by the enterprise to observe the provisions of labour clauses in public contracts; these sanctions may take the form of the suspension of a contract or the withholding of payments that are due to the enterprise. The application of this Article of the Convention cannot be guaranteed either, due to the absence of specific labour clauses in Decree No. 450. The Committee therefore hopes that the Government will, in the very near future, adopt implementing regulations for Decree No. 450 of 9 December 2004, so as to require the inclusion, in all public contracts covered by the Convention, of labour clauses consistent with its requirements. The Government is also requested to indicate whether or not Circular No. 70/B2174/15 of 22 July 1969, concerning the payment of wages due to workers engaged in executing public contracts, is still in force.
Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice including, for instance, examples of public contracts containing labour clauses, extracts from inspection service reports and details of the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the adoption of Act No. 51 of 9 December 2004 approving the uniform system of contracts for public bodies, and that of Decree No. 450 of 9 December 2004 promulgating the general conditions applicable within the framework of the uniform system of contracts for public bodies. It notes that section 29, paragraph B, of the above Decree, which only applies to labour markets, provides that the conditions of recruitment for workers engaged in the execution of public contracts must be consistent with the provisions of the Labour Code and Convention No. 94, and that the contracting parties must respect the provisions of these two texts.

The Committee notes that this provision does not in itself ensure full respect of the fundamental obligation imposed by Article 2 of the Convention. According to this provision, public contracts to which the Convention applies must include clauses ensuring to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the same area by collective agreement, by arbitration award or by national laws or regulations. A mere mention of the Convention in a decree of general application does not therefore guarantee that each public contract covered by the Convention includes the labour clauses prescribed by the Convention.

In this regard, the Committee emphasizes the importance of other provisions of the Convention, in particular Article 4, which provides that notices setting forth the laws or regulations giving effect to the provisions of the Convention must be posted in workplaces with a view to informing the workers concerned of their conditions of work. Given the terse language of the relevant portion of Decree No. 450, the posting of that text in enterprises party to a public contract would not enable the workers concerned to obtain specific knowledge of their conditions of work. Moreover, Article 5 of the Convention provides for sanctions in the event of failure by the enterprise to observe the provisions of labour clauses in public contracts; these sanctions may take the form of the suspension of a contract or the withholding of payments that are due to the enterprise. The application of this Article of the Convention cannot be guaranteed either, due to the absence of specific labour clauses in Decree No. 450. The Committee therefore hopes that the Government will, in the very near future, adopt implementing regulations for Decree No. 450 of 9 December 2004, so as to require the inclusion, in all public contracts covered by the Convention, of labour clauses consistent with its requirements. The Government is also requested to indicate whether or not Circular No. 70/B2174/15 of 22 July 1969, concerning the payment of wages due to workers engaged in executing public contracts, is still in force.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice including, for instance, examples of public contracts containing labour clauses, extracts from inspection service reports and details of the number and nature of contraventions reported.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

The Committee takes note of the Government's observations concerning the request for information on the practical effect given to the Convention. The Committee recalls that point V of the report form for the Convention envisages that governments should give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by the relevant legislation, etc. This form, which was adopted by the Governing Body of the ILO, is the channel through which the Committee may obtain all types of information concerning the application of the Convention through legislation and practical means. The Committee therefore hopes that the Government will be in a position to supply in its forthcoming reports the necessary information on the practical application of the Convention as indicated in the previous requests of the Committee.

The Committee would also be grateful if the Government would transmit with its report a copy of Circular No. 70/b.2174/15 of 22 July 1969 concerning the payment of wages due to workers engaged under public contracts.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee takes note of the Government's observations concerning the request for information on the practical effect given to the Convention. The Committee recalls that point V of the report form for the Convention envisages that governments should give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by the relevant legislation, etc. This form, which was adopted by the Governing Body of the ILO, is the channel through which the Committee may obtain all types of information concerning the application of the Convention through legislation and practical means. The Committee therefore hopes that the Government will be in a position to supply in its forthcoming reports the necessary information on the practical application of the Convention as indicated in the previous requests of the Committee.

The Committee would also be grateful if the Government would transmit with its report a copy of Circular No. 70/b.2174/15 of 22 July 1969 concerning the payment of wages due to workers engaged under public contracts.

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