Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Egypt (Ratification: 1960)

The Committee notes the Government’s report and the adoption of the Orders of the Minister of State for Administrative Development, No. 24 of 1997, concerning the employment of national experts and No. 25 of 1997, concerning the employment of temporary workers. The Committee also notes that in reply to its previous observation the Government states that the labour relations of employees in the state administrative system are governed by the provisions of Act No. 47 of 1978 on civilian employees of the State. It notes, however, that these texts contain no provisions on labour clauses in public contracts and so are irrelevant to the objectives of this Convention.

Consequently, the Committee is bound to point out, as it did in its previous comments, the need for public contracts as defined in Article 1 of the Convention to provide for clauses which ensure to the workers concerned, wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the district where the work is carried on, either by collective agreement, arbitration award or by national laws or regulations, in accordance with Article 2, paragraph 1.

Pointing out once again that it has been commenting on the application of this Convention in Egypt for 40 years, the Committee urges the Government to take steps to ensure that labour clauses are included in public contracts, in accordance with the provisions of the Convention, and to inform the Committee of any progress in this respect in its next report.

[The Government is asked to report in detail in 2003.]