Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - République arabe syrienne (Ratification: 1957)

Autre commentaire sur C094

Demande directe

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Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes that the Government once again refers to Legislative Decree No. 450 of 9 December 2004, reiterating that the Decree was adopted in response to the provisions of the Convention. The Government also refers to Decision No. 2644 of 30 September 2013 concerning the terms and conditions for licensing of special recruitment offices engaged in recruiting non-Syrian female domestic workers and the terms and conditions of their employment in the Syrian Arab Republic. The Committee expresses its concern that, despite the detailed explanations provided in its previous comments regarding the scope and purpose of the Convention and the steps required for its practical implementation, the Government continues to refer to legislative texts which have little relevance to the Convention and do not provide for the type of labour clauses prescribed in Article 2 of the Convention. As the Committee pointed out in its previous comments, the obligations established under Article 2 are directed at the State and not at contractors. In its 2008 General Survey on labour clauses in public contracts, paragraphs 45–46 and 117, the Committee observed that the essential purpose of the Convention is to ensure that workers employed under public contracts shall enjoy the same conditions as workers whose conditions of employment are fixed not only by national legislation but also by collective agreements or arbitration awards. The Convention calls for the insertion of labour clauses of a very specific content. Additionally, it requires that a labour clause be expressly included in the contract that is signed by the public authority and the selected contractor, not in the employment contract between an employer and a worker, as the Committee noted in its previous comments. The Committee expresses the firm hope that the Government will take steps without delay to adopt laws and regulations that require the inclusion in all public contracts covered by the Convention, of the labour clauses prescribed under Article 2.

Practical application. The Committee requests 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 violations reported and the sanctions imposed.