Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Further to its previous direct request, the Committee notes the Government's report as well as the extensive documentation attached to it, including a court decision upholding the claim against a public authority by the contractor of the payment to cover the holiday pay for the workers and the increase in their wages.

The Committee however notes that none of the decrees attached to the report directly responds to its previous comments concerning the determination of the labour clauses to be included in public contracts. It recalls that Decree No. 114/982 of 24 March 1982 stipulates in its section 1, in conformity with the provisions of the Convention, that labour clauses should be included in the relevant contracts so that the contracting parties are obliged to comply with the provisions of "arbitration awards and collective agreements in force for the branch of activities". The Committee pointed out that Decree No. 8/990 of 24 January 1990 approving the regulated text of the Articles of General Conditions for the Construction of Public Works was not exactly in accordance with Decree No. 114/982, because its section 34 only requires the compliance by the contractor with "legal and regulatory provisions in force on the labour matters". The Committee therefore considers it desirable that the provisions of section 34 of Decree No. 8/990 should be modified in line with sections 1 and 2 of Decree No. 114/982. It also notes that none of the decrees referred to by the Government determines the clauses to be included in public contracts other than for public works (i.e. of the types referred to in Article 1(1)(c)(ii) and (iii) of the Convention).

The Committee hopes that measures will be taken, in consultation with the organizations of employers and workers concerned (Article 2(3)), to modify the terms of clauses concerning public works and to determine appropriate labour clauses regarding other public contracts.

Article 4(a)(iii). The Committee notes the Government's statement of its intention to suggest the possibility of regulations to the legislative commissions with regard to posting of notices. It hopes that measures will be taken to require the postings of notices so as to inform the workers of their conditions of work. Please report any progress made in this regard.