Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Rwanda (Ratification: 1962)

Autre commentaire sur C094

Observation

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Articles 1 and 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee recalled that it has been commenting on the Government’s failure to implement the basic requirements of the Convention for over 30 years. In this regard, the Government refers to section 44 of Law No. 13/2009 of 27 May 2009, which provides that the subcontract must contain a guarantee of payment of salary and provide respect of general conditions of work, health and safety in the workplace and other obligations of the employer in regard to the worker. The Committee once again recalls that the mere application of the general labour legislation to public procurement contracts does not produce the same legal effects as the insertion of the labour clauses expressly required under Article 2 of the Convention. Moreover, as the Committee has pointed out on a number of occasions, the legislation to which the Government refers in most cases lays down minimum standards, for instance as regards wage levels, and does not necessarily reflect the actual working conditions of workers. Thus, if the legislation establishes a minimum wage, but workers in a particular profession are actually receiving higher wages, the Convention would require that any workers engaged in the execution of a public contract – in the same area and for work of the same character – be entitled to receive the prevailing wage rather than the minimum wage prescribed in the legislation. In other terms, the application of the general labour legislation is not sufficient to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise. The Government indicates in its report that Law No. 13/2009 of 27 May 2009 regulating labour in Rwanda is currently under review. The Committee takes note of the assurances given by the Government that the revision of the national labour legislation will provide for the insertion of labour clauses into public contracts to ensure that the workers concerned benefit from wages, hours of work and other conditions of labour, and in so doing bring the national legislation into conformity with the provisions of the Convention. The Committee hopes that the Government will take the opportunity presented by the revision of Law No. 13/2009 of 27 May 2009 to bring its national legislation into full conformity with the provisions of the Convention, particularly as regards: the determination of the terms of the labour clauses to be included in public contracts to which the Convention applies, after consultation with the organizations of employers and workers concerned (Article 2(3)); the dissemination of those clauses, by advertising specifications or otherwise, so that tenderers are aware of the terms of the clauses (Article 2(4)); the posting of notices in conspicuous places to ensure that the workers concerned are informed of the conditions of work applicable to them (Article 4(a)(iii)); and the establishment and implementation of a system of inspection and adequate sanctions, by the withholding of contracts or of payments due, for failure to apply the provisions of labour clauses (Article 5). Moreover, noting that under the Public Procurement Act of 2007, the Rwanda Public Procurement Authority (RPPA) is responsible for regulating and monitoring all public procurement operations, the Committee requests the Government to provide detailed information on any measures taken or planned by the RPPA with a view to ensuring fair labour conditions for those engaged in the execution of public contracts.