Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.