Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Suriname (Ratification: 1976)

The Committee notes the Government's reference to the granting of government contracts by public tender and prequalifications, the absence of influence of the Government on the workers who have a contract of employment with the employer, which is covered by the existing labour legislation. The Government also indicates that legislation on collective labour agreements for a certain branch is not a priority in the tripartite advisory board.

The Committee points out that the essential purpose of the Convention is to ensure that, through the insertion of appropriate labour clauses in public contracts, the workers employed by a contractor and paid indirectly out of public funds enjoy wages and conditions of labour which are not less favourable than those of other workers doing similar work. The additional protection afforded by these labour clauses in public contracts is deemed to be necessary because this category of workers is often more exposed than others because of the competition between firms tendering for public contracts.

The Committee recalls that the "General Regulations for the execution and maintenance of works under the control of the Department for Constructional Workers, Transport and Waterways in Suriname" requires the inclusion of necessary labour clauses in contracts for public works, in accordance with Article 1(1)(c)(i) of the Convention. The Committee previously noted the Government's reference in its earlier reports to a proposal to extend this General Regulation to public contracts other than those for public works. In the absence of the Government's reply on this point, it again requests the Government to indicate any measures taken or envisaged to require the inclusion of labour clauses in public contracts for the manufacture, assembly, handling or shipment of materials, supplies or equipment and in public contracts for the performance or supply of services (Article 1(1)(c)(ii) and (iii)), either by extending the scope of the above-mentioned General Regulations or by other means.