Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee noted with regret that over the past 20 years the Government has not given effect to the Convention in law or practice, despite the Committee’s requests that it take action without delay to give effect to the basic requirements of the Convention. The Committee notes the Government’s response informing of the adoption of the National Ordinance of 18 December 2015 (P.B. 2015, No. 79) regulating the financial administration of Curaçao. The Government adds that article 11(a) of the Ordinance stipulates that the procedures to be followed in granting public contracts will be published in a national decree to be formulated by the Directorate of finance and that it will inform the Committee of progress in this regard. The Committee notes that article 11(a) provides that the rules to be established by national decree concern general rules of procedure for public contracting. Once again, the Committee notes that measures need to be taken without delay to give effect to the core requirements of the Convention, which 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 urges the Government to take all necessary measures to ensure the full application of the Convention and to keep the Office informed of any progress in this regard. The Committee also requests the Government to supply a copy of the new national decree establishing measures concerning procedures for the award of public contracts once it has been adopted.