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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Uruguay (Ratification: 1954)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In response to previous comments, the Government reports that the limitations on the scope of Decree No. 475/005 and Act No. 18.098 to public contracts for services are in line with the special characteristics of this type of contract, which often take longer to fulfil, necessitating the establishment of labour relationships that require the recognition of special rights. On the other hand, contracts for goods include requirements that are immediately fulfilled when the provider delivers the goods or products. With regard to contracts for public works, the Government indicates that, as this type of contract involves the delivery of both goods and services, the abovementioned legislation also applies to all aspects of the contract that involve the provision of services. In this regard, the Government refers to the adoption of Decree No. 257/015 of 23 September 2015 approving the single document setting out the regulations and general conditions of public works contracts and the manual for public contracts and procurement procedures for goods, works and services, which incorporates Act No. 18.098 among the regulations governing public contracts. The Committee notes the clarification provided by the Government and recalls that, as explained in the Practical Guide prepared by the Office in 2008 (page 17), the Convention applies to all public contracts, whether for works (for example construction of a new highway, extension of an airport terminal), goods (for example the purchase of new uniforms for customs officers or procurement of computer hardware for a ministry) or services (for example cleaning or IT services). Furthermore, the Committee observes that the Government does not provide information on the steps taken to amend Act No. 18.098 with a view to bringing it into line with the requirements of this Article of the Convention, as the Act only requires compliance with wage rates fixed by wage boards, and not the more favourable conditions provided for in laws, regulations, collective agreements or arbitration awards. The Committee therefore once again requests the Government to take the necessary measures to ensure that the scope of the provisions of Decree No. 475/005 are extended to cover all types of public contracts envisaged by the Convention. The Committee reiterates its request to the Government to amend Act No. 18.098 to bring it fully into line with the requirements of Article 2 of the Convention.