Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the adoption of the Public Procurement Act No. 12/2007 of 27 March 2007. With regard to the conditions of work applicable to staff employed within the framework of the execution of public contracts, it notes that under section 96 of this Act, the contractor is required to apply the laws and regulations in force. The Committee also notes that, in the context of services contracts, section 170 of the Act provides that staff placed at the disposal of the contracting authority shall keep to the working hours which apply to the service to which they are attached and benefit from holidays in accordance with the legislation in force, unless the terms of reference provide otherwise. The Committee also notes that Act No. 51/2001 of 30 December 2001 issuing the Labour Code does not contain any provisions on the inclusion of labour clauses in public contracts.

The Committee notes with regret that, despite the recent adoption of new public procurement legislation, the Government is still not able to report on any real progress made in meeting the fundamental requirements of the Convention. In this respect, the Committee recalls once again that the fact that general legislation, including labour law, also applies to workers responsible for the execution of public contracts, as stipulated by section 96 of the Public Procurement Act of 2007, is not enough to ensure the fulfilment of the obligation placed on the Government by Article 2 of the Convention to require the inclusion, in all the public contracts to which the Convention applies, of labour clauses ensuring that the workers concerned benefit from 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.

Recalling that it has been commenting for 30 years on the failure to apply the Convention, the Committee trusts that the Government will take, without further delay, all the measures necessary to ensure the inclusion of the labour clauses provided for by the Convention in all public contracts to which the Convention applies. The Committee also requests the Government to indicate whether a ministerial order determining the general conditions of contracts has been adopted pursuant to section 5, paragraph 2, of the Public Procurement Act of 2007 and, if so, to provide a copy.

The Committee takes this opportunity to draw the Government’s attention to the General Survey that it has carried out this year on labour clauses in public contracts, which reviews the legislation and practices of member States in this respect and makes an assessment on the impact and current relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]