Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Yemen (Ratification: 1969)

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Government reports that a draft Labour Code has been prepared in coordination with the ILO, and that it is in compliance with international labour standards. The Government adds that issues raised in the Committee’s previous comments with regard to the insertion of labour clauses in public contracts as prescribed by Article 2 of the Convention will be brought to the attention of the Supreme Commission on Auctions and Bids. The Committee notes the Government’s indication that it requires the technical assistance of the ILO in relation to the measures to be taken to ensure that all public contracts contain labour clauses that comply with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that all public contracts contain labour clauses and hopes that the Government will be soon in a position to report progress in giving full effect to this core requirement of the Convention. The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Government reports that a draft Labour Code has been prepared in coordination with the ILO, and that it is in compliance with international labour standards. The Government adds that issues raised in the Committee’s previous comments with regard to the insertion of labour clauses in public contracts as prescribed by Article 2 of the Convention will be brought to the attention of the Supreme Commission on Auctions and Bids. The Committee notes the Government’s indication that it requires the technical assistance of the ILO in relation to the measures to be taken to ensure that all public contracts contain labour clauses that comply with the provisions of the Convention.The Committee once again requests the Government to take the necessary measures to ensure that all public contracts contain labour clauses and hopes that the Government will be soon in a position to report progress in giving full effect to this core requirement of the Convention. The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Government reports that a draft Labour Code has been prepared in coordination with the ILO, and that it is in compliance with international labour standards. The Government adds that issues raised in the Committee’s previous comments with regard to the insertion of labour clauses in public contracts as prescribed by Article 2 of the Convention will be brought to the attention of the Supreme Commission on Auctions and Bids. The Committee notes the Government’s indication that it requires the technical assistance of the ILO in relation to the measures to be taken to ensure that all public contracts contain labour clauses that comply with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that all public contracts contain labour clauses and hopes that the Government will be soon in a position to report progress in giving full effect to this core requirement of the Convention. The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that Act No. 23 of 14 August 2007 on bidding, outbidding and government warehouses does not provide for the insertion of labour clauses as prescribed by Article 2 of the Convention. It further notes the Government’s indication that the Supreme Commission on Auctions and Bids, by virtue of its memorandum 1/a/m 881 dated 17 August 2014, stated that Act No. 23 does not include any provisions on the terms of employment and workers’ wages and that the current law on bidding needs to be amended. It takes good note that the Ministry of Social Affairs and Labour will contact the Supreme Monitoring Authority on bids to carry out the necessary amendments as soon as possible.

With respect to the reference made by the Government to the Labour Code No. 5 of 1995 and amendments made thereto, the Committee notes that the provisions laid down in this Code are not strictly relevant to the subject matter of the Convention and do not give effect to Article 2 of the Convention which requires the insertion of labour clauses ensuring wages, hours of work and other working conditions to the workers concerned which are 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. The application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise.

The Committee therefore urges the Government to indicate the measures adopted or envisaged, if necessary with technical assistance of the Office, to ensure that all public contracts contain labour clauses which comply with the requirements of the Convention and to provide information on any further developments with respect to the abovementioned planned amendments to Act No. 23 of 14 August 2007.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that Act No. 23 of 14 August 2007 on bidding, outbidding and government warehouses does not provide for the insertion of labour clauses as prescribed by Article 2 of the Convention. It further notes the Government’s indication that the Supreme Commission on Auctions and Bids, by virtue of its memorandum 1/a/m 881 dated 17 August 2014, stated that Act No. 23 does not include any provisions on the terms of employment and workers’ wages and that the current law on bidding needs to be amended. It takes good note that the Ministry of Social Affairs and Labour will contact the Supreme Monitoring Authority on bids to carry out the necessary amendments as soon as possible.

With respect to the reference made by the Government to the Labour Code No. 5 of 1995 and amendments made thereto, the Committee notes that the provisions laid down in this Code are not strictly relevant to the subject matter of the Convention and do not give effect to Article 2 of the Convention which requires the insertion of labour clauses ensuring wages, hours of work and other working conditions to the workers concerned which are 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. The application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise.

The Committee therefore urges the Government to indicate the measures adopted or envisaged, if necessary with technical assistance of the Office, to ensure that all public contracts contain labour clauses which comply with the requirements of the Convention and to provide information on any further developments with respect to the abovementioned planned amendments to Act No. 23 of 14 August 2007.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the adoption of Act No. 23 of 14 August 2007 on bidding, outbidding and government warehouses which replaces Act No. 3 of 1997 on the same. The Act regulates, in particular, the award, execution and supervision by the Supreme Commission for Tenders of all public tenders on the basis of equality of treatment and transparency. However, the Committee notes that, contrary to the indications of the Government, Act No. 23 does not provide for the insertion of labour clauses as prescribed by this Article of the Convention. In this connection, the Committee wishes to refer to paragraphs 176–177 of its General Survey of 2008 on labour clauses in public contracts in which it pointed out that “the Convention has a very simple structure, all its provisions being articulated around and directly linked to the core requirement of Article 2(1), that is the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. As a result, in case the national legislation makes no provision for the specific type of labour clause and in the specific terms set out in Article 2(1) of the Convention, the application of the remaining Articles 3, 4 and 5 becomes without object and thus cannot be considered separately.” The Committee went on to observe that “by aligning contract standards to the highest prevailing standards, by excluding the lowering of those standards through subcontracting, and by incorporating those principles into the standard clauses of each and every public contract falling within its scope, the Convention guarantees that public procurement is not a terrain for socially unhealthy competition and can never be associated with poor working and wage conditions”. The Committee hopes that the Government will take the necessary steps without further delay in order to ensure the application of the basic requirement of the Convention and recalls that it may draw on the expert advice of the Office to this effect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the adoption of Act No. 23 of 14 August 2007 on bidding, outbidding and government warehouses which replaces Act No. 3 of 1997 on the same. The Act regulates, in particular, the award, execution and supervision by the Supreme Commission for Tenders of all public tenders on the basis of equality of treatment and transparency. However, the Committee notes that, contrary to the indications of the Government, Act No. 23 does not provide for the insertion of labour clauses as prescribed by this Article of the Convention. In this connection, the Committee wishes to refer to paragraphs 176–177 of its General Survey of 2008 on labour clauses in public contracts in which it pointed out that “the Convention has a very simple structure, all its provisions being articulated around and directly linked to the core requirement of Article 2(1), that is the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. As a result, in case the national legislation makes no provision for the specific type of labour clause and in the specific terms set out in Article 2(1) of the Convention, the application of the remaining Articles 3, 4 and 5 becomes without object and thus cannot be considered separately.” The Committee went on to observe that “by aligning contract standards to the highest prevailing standards, by excluding the lowering of those standards through subcontracting, and by incorporating those principles into the standard clauses of each and every public contract falling within its scope, the Convention guarantees that public procurement is not a terrain for socially unhealthy competition and can never be associated with poor working and wage conditions.” The Committee hopes that the Government will take the necessary steps without further delay in order to ensure the application of the basic requirement of the Convention and recalls that it may draw on the expert advice of the Office to this effect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the adoption of Act No. 23 of 14 August 2007 on bidding, outbidding and government warehouses which replaces Act No. 3 of 1997 on the same. The new Act regulates, in particular, the award, execution and supervision by the Supreme Commission for Tenders of all public tenders on the basis of equality of treatment and transparency. However, the Committee notes with regret to note that, contrary to the indications of the Government, the new Act does not provide for the insertion of labour clauses as prescribed by this Article of the Convention. In this connection, the Committee wishes to refer to paragraphs 176–177 of its General Survey of 2008 on labour clauses in public contracts in which it pointed out that “the Convention has a very simple structure, all its provisions being articulated around and directly linked to the core requirement of Article 2(1), that is the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. As a result, in case the national legislation makes no provision for the specific type of labour clause and in the specific terms set out in Article 2(1) of the Convention, the application of the remaining Articles 3, 4 and 5 becomes without object and thus cannot be considered separately.” The Committee went on to observe that “by aligning contract standards to the highest prevailing standards, by excluding the lowering of those standards through subcontracting, and by incorporating those principles into the standard clauses of each and every public contract falling within its scope, the Convention guarantees that public procurement is not a terrain for socially unhealthy competition and can never be associated with poor working and wage conditions.” The Committee hopes that the Government will take the necessary steps without further delay in order to ensure the application of the basic requirement of the Convention and recalls that it may draw on the expert advice of the Office to this effect.

Finally, the Committee attaches herewith a copy of the Practical Guide on Convention No. 94 which was prepared by the Office in September 2008 based on the conclusions of the aforementioned General Survey to help better understand the requirements of the Convention and ultimately improve their application in law and practice.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that neither Act No. 3 of 1997, concerning bidding, outbidding and government warehouses, nor the draft amendment to this Act, both of which are attached to the Government’s report, contains provisions for the inclusion of labour clauses in public contracts. It notes that the Government, in its report submitted in 1970 on the application of the Convention, stated that all public contracts included a clause under the terms of which all workers employed for the execution of such contracts enjoyed wages and conditions of work which were not less favourable than those applicable to state employees. The Committee asks the Government to indicate whether this statement is still valid and, if so, to give details of the measures taken to ensure that all public contracts actually contain labour clauses.

As regards the content of any such labour clauses, the Committee draws the Government’s attention to the fact that Article 2 of the Convention prescribes the inclusion in public contracts of clauses the content of which must be the subject of tripartite consultations and ensure to the workers concerned wages, hours of work and other conditions of labour which are 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. The reference to state employees’ remuneration and other conditions of work does not therefore suffice to ensure the application of the Convention. Consequently, the Committee trusts that the Government will soon adopt all the necessary measures to ensure the inclusion in public contracts of labour clauses which comply with the requirements of the Convention. The Government is asked to keep the Committee informed of all developments in this respect.

In addition, the Committee notes that the Government is not currently in a position to supply copies of public contracts. It asks the Government to send copies of such documents as soon as it is in a position to do so.

Finally, the Committee draws the Government’s attention to the General Survey which it undertook this year on labour clauses in public contracts, which presents the law and practice of the member States in this area, and makes an assessment of the impact and current relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report, and in particular the adoption of the Bids, Tenders and Government Warehouses Act No. 3 of 1997 which regulates public contracts. The Committee would appreciate if the Government could provide the text of the said Act in order to enable it to examine the extent to which effect is given to the provisions of the Convention. The Committee also requests the Government to provide information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses and extracts of reports by the inspection services in this regard.