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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - New Caledonia

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comments, the Committee asked the Government to indicate the measures contemplated to ensure the inclusion of labour clauses in public contracts for ordinary supplies and services, such as those referred to under section 8 of the General Administrative Terms and Conditions (CCAG) applicable to public works contracts. The Committee notes the Government’s indications that a restructuring of its departments has begun, which provides for the establishment of a directorate responsible for the regulation and management of public procurement, including the modernization thereof. The Committee notes that this department, which is also due to set up an observation unit, has not yet begun to operate. With regard to section 37 of amended Decision No. 136 of 1 March 1967, the Committee also asked the Government to indicate whether, and to what extent, specific documents might deviate from the provisions of section 8 of the CCAG applicable to public works contracts. In this regard, the Government refers to an example of CCAG provisions, attached to its report, and points out that none of these exemptions relate to hours or conditions of work or employees’ wages. The Committee requests the Government once again to indicate the measures contemplated to ensure the inclusion of labour clauses in public contracts for supplies and services. It also requests the Government to indicate the legislative provisions which prevent specific documents from deviating from section 8 of the CCAG applicable to public works contracts. Referring to its previous comments, the Committee requests the Government once again to provide more specific information on the types of public contracts to which amended Decision No. 136 of 1 March 1967 regulating all forms of administrative contracts concluded in the name of New Caledonia and its public establishments now applies.

Application of the Convention in practice. The Committee notes the Government’s indication that it does not have any documents which would provide further information on the application of the Convention in practice. The Committee requests the Government once again to send a copy of any public contract concluded by the authorities of New Caledonia which includes labour clauses, and to send information without further delay on the application of the Convention in practice, including extracts of reports of the inspection services containing details of the number and nature of infringements reported, as well as the most recent report on the work of the public procurement observation unit.