Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Antigua-et-Barbuda (Ratification: 1983)

Autre commentaire sur C094

Observation

2016

Demande directe

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Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been requesting the Government for several years to indicate any legislative text, ministerial regulation or administrative instruction providing for the inclusion of appropriate labour clauses in all public contracts for works, goods or services covered by the Convention. The Committee has also been drawing the Government’s attention to the fact that a mere reference to the Labour Code (No. 14 of 1975) as being applicable to all workers, including those engaged in the execution of public contracts, is not sufficient to give effect to the requirements of the Convention. Finally, the Committee in its previous comments referred to the 2008 General Survey on Convention No. 94 and the Office Practical Guide of 2008, both offering guidance and examples on how legislative conformity with the Convention may be ensured.

The Committee understands that the Government has undertaken in recent years the revision of its public procurement legislation, including the Tenders Board Act (Cap. 424A) without being clear, however, whether the amended legislation contains any specific provisions regulating the labour conditions of workers employed under public contracts. The Committee accordingly requests the Government to clarify whether the public procurement legislation currently in force addresses in any manner the question of labour clauses in public contracts, and, if not, to indicate any steps taken or envisaged in order to ensure compliance with the provisions of the Convention. In addition, the Committee would appreciate receiving copies of any relevant legal text that may not have been previously communicated to the Office.