Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Burundi (Ratification: 1963)

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:

Article 2 of the Convention. The Committee noted the information supplied earlier by the Government to the effect that section 2 of Presidential Decree No. 100/49 of 1986 is simply referring to the Labour Code, since the conditions of employment are determined by the Code. In this connection, the Committee points out that under the Convention, the conditions of employment to which Article 2 of this Convention refers are not only those set out in the labour legislation, but also those which prevail for work of the same character in the trade or industry concerned in the same region, and that these conditions of employment may be established by collective agreement or by enterprise agreements or regulations. The Committee therefore hopes that the Government will ensure that the conditions of labour that apply to workers affected by the contracts within the ambit of this Convention will be those that are in force in the trade or industry concerned in the same region and that they are established by means other than the labour legislation. Please therefore indicate the manner in which the conditions of labour applicable in practice are to be determined.

Point V of the report form. The Committee noted that the Government did not have statistics concerning the number of contracts and workers covered by the legislation or the number and nature of the contraventions that have been reported. The Committee, however, notes that the public works sector employs more daily and temporary labour than contract labour. The Committee hopes that the Government will be able to take the required measures to obtain the necessary information on these statistics and that it will supply this information in the near future.