Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Articles 2 to 5 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that section 181 of the Labour (Relations) Act, 2018 regulates the use of labour clauses in public employment contracts. The Committee notes with interest that, according to section 181(1), “[e]very public employment contract shall be deemed to include and to incorporate the provisions, conditions or stipulations contained in the rules set out in Schedule 3, to all intents and purposes as if it were expressly set out as conditions or covenants therein to be observed and performed on the part of either or both of the parties to the contract.” In this respect, section 1 of Schedule 3 of the Act provides that “[T]he contractor shall pay rates of wages and observe hours and conditions of labour not less favourable than those established in the trade or industry in the district where the work is carried out, by agreement, machinery of negotiation or arbitration to which the parties are organizations of employers and trade unions representative respectively of substantial proportions of the employers and employees engaged in the trade or industry in the district (hereinafter referred to as “established rates and conditions”), or failing such, established rates and conditions in the trade or industry district, established rates and conditions in other districts where the trade or industry is carried on under similar general circumstances.” The Committee further notes that, according to section 2 of Schedule 3, in the absence of any such agreement or established rates and conditions, “(…) the contractor shall pay rates and wages and observe hours and other conditions of labour not less favourable than those which are or would be paid and observed by Government in the trade in the district where the work is carried out.” Moreover, section 3 of Schedule 3 provides that “[b]efore being placed on any list of Government contractors, the contractors shall certify that to the best of his knowledge and belief the wages, hours of work and conditions of labour of all employees employed by him in the trade or industry in which he is offering himself as a contractor are fair and reasonable having regard to section 1”. With regard to the adoption of measures to give effect to Article 4(a)(iii) of the Convention, the Committee notes that section 181(2) of the Labour Act establishes that “[E]very contractor shall keep displayed in a conspicuous place in his establishment and workplaces for the information of the employees a notice containing the conditions of their work and so printed that it may easily be read by all employees.” Lastly, the Committee notes that section 11 of Schedule 3 establishes that “Any contractor or subcontractor who fails to comply with any of these rules shall cease to be approved as a contractor or subcontractor for such period as the Commissioner may determine.” The Committee requests the Government toprovide examples of public contracts containing the labour clauses prescribed in section 181 of theLabour (Relations) Act, 2018. In addition, the Committee requests the Government to provide updated information on the application in practice of the Convention, including summaries of inspection reports, as well as information on the number and nature of infringements reported;andany other information which would enable to the Committee to more fully assess the manner in which the Convention is applied in practice.