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

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Uruguay (Ratification: 1954)

Autre commentaire sur C094

Observation

Demande directe

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Article 2 of the Convention. Inclusion of labour clauses in public contracts. Further to its previous comment, the Committee notes the Government’s indication that Decree No. 475/005 of 14 November 2005, which the Committee has previously found to conform fully to the provisions of Article 2 of the Convention, is the main legal text implementing the Convention. The Government adds that Act No. 18.098 of 12 January 2007, which narrows the scope of labour clauses to only the observance of wage rates fixed by wage councils, should not be deemed to supersede Decree No. 475/005.

While noting these clarifications, the Committee once again draws the Government’s attention to the fact that both the abovementioned texts apply only to public contracts for services whereas the Convention requires labour clauses to be inserted in all procurement contracts whether for works, goods or services. Recalling that the scope of the Convention is not in any manner limited to services contracts, the Committee asks the Government to take the necessary measures to ensure that the scope of the provisions of Decree No. 475/005 are extended to cover all types of public contracts. The Committee also asks the Government to amend Act No. 18.098 so as to bring it fully into line with the requirements of this Article of the Convention.