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

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

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Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee expressed the firm hope that the Government would take steps without delay to formulate standard bidding documents incorporating labour clauses in all public contracts (whether for construction works, goods or services) that are fully aligned with the requirements of Article 2 of the Convention. The Committee notes with regret that no measures have yet been taken by the Government to give effect to the Convention in either law or practice. The Government once again reiterates that all contracts, including public employment contracts, are subject to the minimum standards set out in the Employment Act, 2000. The Government indicates that this prevents a fluctuation in standards for public and private contracts. While noting the Government’s indication regarding the applicability of the Employment Act, 2000 to public contracts, the Committee once again recalls that the essential purpose of the Convention is to ensure that workers employed under public contracts enjoy the same conditions as workers whose conditions of employment are fixed not only by national legislation, but also by collective agreements or arbitration awards, and that in many cases the provisions of the national legislation respecting wages, hours of work and other conditions of employment provide merely for minimum standards which may be exceeded by collective agreements. Thus, the mere fact of the national legislation being applicable to all workers does not release States which have ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention (see 2008 General Survey on labour clauses in public contracts, paragraphs 40, 41 and 45). The Committee, therefore, and once again, expresses the firm hope that the Government will take steps without delay to formulate standard bidding documents incorporating labour clauses in all public contracts (whether for construction works, goods or services) that are fully aligned with the requirements of Article 2 of the Convention.It once again requests the Government to indicate progress made in this regard.The Committee also requests the Government to provide detailed updated information on the application in practice of the Convention, including summaries of inspection reports, information on the number and nature of infringements reported; and any other information which would enable the Committee to assess the manner in which the Convention is applied in practice.