Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Egypte (Ratification: 1960)

Autre commentaire sur C094

Observation

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Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the information provided by the Government regarding amendments to the Financial and Administrative Regulation (Ministerial Decision No. 162 of 2019) for the employment and protection of informal workers (contractors, agricultural, seasonal and temporary workers and similar) and Act No. 182 of 2018 on Agreements Concluded by Public Entities, which regulates the conclusion of public contracts. The Government refers in its report to sections 21, 29 and 32 of Ministerial Decision No. 162 of 2019 regulating the wages and conditions of work of informal workers, as well as to section 32 of the Labour Code, No. 12 of 2003 regarding the terms and conditions of employment contracts for all workers (wages, hours of work, etc.). The Committee nevertheless notes that none of the above-mentioned legislation contains any provisions ensuring the application of the core requirement of the Convention, namely the insertion in public contracts of labour clauses of the type prescribed by Article 2. In this regard, the Committee refers to its 2009 comments on the application of the Convention, in which it noted the concrete steps taken by the Government of Egypt to give effect to the core requirement of the Convention under General Circular No. 8 issued by the Minister of Finance (23 June 2008). That Circular added two new bidding terms to the Public Tenders Law (No. 89/1998), stipulating that: (i) workers engaged in the execution of the (public) contract must receive wages and bonuses not lower than those received by workers carrying out similar work in the same governorate; and (ii) they must enjoy the same working hours and conditions prevailing in the region, according to a general agreement or custom. Noting the Government's expressed commitment to take the necessary measures to ensure the full application of the Convention, the Committee reiterates its hope that the necessary measures will be taken by the Ministry of Manpower and Migration to ensure that the two bidding terms set out in the General Circular No. 8 of 2008 will be incorporated as standard clauses into all future public procurement contracts.The Committee requests the Government to communicate, together with its next report, copies of standard bidding documents currently in use, sample tender letters and concession agreements used in public procurement procedures, to enable the Committee to more fully appreciate and assess the manner in which the Convention is implemented in both law and practice. The Committee reminds the Government that it may avail itself of technical assistance in this regard.