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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the Government’s indication that no changes have occurred during the reporting period which implies that no progress has been made with regard to the legislative implementation of the Convention. The Committee notes with regret that the Convention is still not given effect in either law or practice despite the Government’s numerous statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts are under preparation. The Committee understands that in the last two years, due to the preparations for the dismantling of the Netherlands Antilles, all efforts were put in the finalization of the constitutional process.

Notwithstanding the ongoing reorganization of the government structure, however, prompt steps need to be taken to give effect to the basic requirements of the Convention. These requirements include: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions 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; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. The Committee requests the Government to take without further delay all necessary action in order to give full effect to the Convention and to keep the Office informed of any progress made in this regard.