Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Yemen (Ratification: 1969)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that Act No. 23 of 14 August 2007 on bidding, outbidding and government warehouses does not provide for the insertion of labour clauses as prescribed by Article 2 of the Convention. It further notes the Government’s indication that the Supreme Commission on Auctions and Bids, by virtue of its memorandum 1/a/m 881 dated 17 August 2014, stated that Act No. 23 does not include any provisions on the terms of employment and workers’ wages and that the current law on bidding needs to be amended. It takes good note that the Ministry of Social Affairs and Labour will contact the Supreme Monitoring Authority on bids to carry out the necessary amendments as soon as possible.

With respect to the reference made by the Government to the Labour Code No. 5 of 1995 and amendments made thereto, the Committee notes that the provisions laid down in this Code are not strictly relevant to the subject matter of the Convention and do not give effect to Article 2 of the Convention which requires the insertion of labour clauses ensuring wages, hours of work and other working conditions to the workers concerned which are not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations. The application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise.

The Committee therefore urges the Government to indicate the measures adopted or envisaged, if necessary with technical assistance of the Office, to ensure that all public contracts contain labour clauses which comply with the requirements of the Convention and to provide information on any further developments with respect to the abovementioned planned amendments to Act No. 23 of 14 August 2007.