Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 1 and 2 of the Convention. Inclusion of labour contracts in public contracts. The Government indicates in its report that the legislation applicable in the area covered by the Convention remains unchanged. Further to its previous comments, the Committee notes that the revision of the Public Procurement Code of French Polynesia planned by the authorities has not yet been concluded. As regards the exemptions from the obligation to include labour clauses in public contracts, the Government indicates that the revision of section 42(3) of the Public Procurement Code remains non-essential in view of section Lp. 5611-8 of the Labour Code of French Polynesia, which forbids a contracting entity to evade its obligations regarding employees’ wages or conditions of work, and section Lp. 5611-9, which penalizes any failure to observe these provisions. In this regard, the Committee recalls paragraph 45 of its General Survey of 2008 on labour clauses in public contracts, in which it observed that the mere fact of the national legislation being applicable to all workers does not release the States which have ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2(1) of the Convention, whether for construction work, the manufacture of goods or the provision of services, since the general labour legislation only establishes minimum standards, which are often improved through collective agreements or arbitration awards. The Committee recalls that all public contracts coming within the scope of Article 1 of the Convention must contain labour clauses, whether or not these contracts are assigned through a bidding process. The Committee requests the Government once again to keep the Office informed of any developments relating to the revision of the Public Procurement Code and reiterates the hope that the new Public Procurement Code which may be adopted will continue to ensure the application of the Convention. Moreover, the Committee hopes that the Government will consider revising section 42(3) of the Public Procurement Code in order to align it to the provisions of the Convention.