Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Eswatini (Ratification: 1981)

Article 1, paragraph 3, of the Convention. The Committee notes the information supplied by the Govenment in reply to its previous request. As explained in its previous direct request, the term "assignees" in this provision of the Convention refers to other contractors to which the prinicipal contractor may assign a contract, transferring all rights and duties under the contract to these other contractors. In that sense, the Committee observes that it is not necessarily clear that assignees are included in the definition of contractors in section 2 of the Employment Act. The Committee would be accordingly glad if the Government would consider appropriate measures to make clear the applicability of the Convention to assignees.

Article 2, paragraph 2. The Committee notes the Government's statement that no schedules have yet been prepared under section 135 of the Employment Act. It would be grateful if the Government would keep it informed of any changes made in this respect.

Article 4(a)(iii). The Committee notes the Government's statement that the conditions of work contained in the notices displayed under section 142 of the Employment Act are the conditions applicable to all employees. It recalls, however, that the notices required by this provision of the Convention should contain information not only on the conditions applicable generally to all employees but also on the special conditions applicable under public contracts in compliance with Part XIII of the Act. It therefore reiterates the hope that the Government will take the measures necessary to apply this provision of the Convention, and that it will supply a sample notice which contains the information required by this provision.