Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Netherlands (Ratification: 1952)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s statement that there is no specific reason for further adjustments as regards the implementation of the Convention, as the Government is of the view that it complies in a material way to the two core requirements of the Convention, namely guaranteeing to the workers concerned working conditions at least equal to those in legislation and in universally binding collective agreements, and ensuring that non-compliance has consequences for the provision of further services. The Committee also notes the Government’s indications that a “Code for responsible market behaviour in the cleaning industry” has recently been developed and tested by a few ministries for the procurement of cleaning services and its use should be extended to public procurement of postal, security and catering services. The Government further adds that an administrative committee is currently examining legal options for using the Code in public procurement in general. The Committee requests the Government to provide additional explanations on the nature, scope and content of the Code and its possible impact on the practical application of the Convention. The Committee also requests the Government to transmit a copy of the Code currently applicable to the cleaning sector and to keep the Office informed of the outcome of the work of the administrative committee that examines ways of promoting socially responsible public procurement operations based on non-binding codes of conduct.