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

With reference to its previous comments, the Committee notes the information provided by the Government concerning Article 5 of the Convention and point V of the report form.

Article 1, paragraph 1. In its earlier comments, the Committee noted that the provisions of Decree No. 88/13168, of 18 July 1988, cover contracts awarded by public establishments for construction, services, earth-moving and for the transport of materials, and that, as regards the manufacture and assembly of materials (referred to in Article 1, paragraph 1(c)(ii)), these activities lie within the scope of Labour Law No. 1475. The Committee therefore asked the Government to take the necessary measures to ensure that the labour clauses referred to in Article 2 of the Convention are included in public contracts for all the activities laid down in Article 1, paragraph 1(c)(ii) of the Convention.

The Committee notes that the Government again refers, as a reply, to the coverage of the manufacture and assembly of materials by the Labour Act No. 1475. It points out that the fact of the general labour legislation being applicable to the activities concerned does not release the Government from the obligation to take the necessary measures to ensure the inclusion of labour clauses in public contracts for the said activities. This is because the minimum standards fixed by law are often improved upon by means of collective bargaining or otherwise and also because the provision of penalties, such as the withholding of payments to the contractor make it possible to impose more directly effective sanctions in case of infringements.

The Committee therefore requests the Government to indicate whether there exist public contracts for the manufacture or assembly of materials, supplies or equipment involving the employment of workers by the contractor, and if so to supply information on the measures taken or envisaged to ensure the insertion of labour clauses in such contracts, by means of extending the application of Decree No. 88/13168 or otherwise.