Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Aruba

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

With reference to its previous comments, the Committee noted the Government's indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Point V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.