Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Barbados (Ratification: 1967)

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

Article 2 of the Convention. Contractual provisions. Application of the Convention in practice. The Committee notes the Government’s indication that the legislation that gives effect to the Convention continues to be the Labour Clauses (Public Contracts) Act (Cap. 349). In addition, a certificate, obtained from the Labour Department, is required to be completed for the tender of all public contracts. The certificate, which must be submitted together with the tender document, requires the contractor to certify that the wages, hours of work and conditions of labour of all workers it employs in the trade or industry in which the contractor is offering its work, are fair and reasonable, having regard to the Schedule to the Labour Clauses (Public Contracts) Act. The contractor is required to provide information in the certificate regarding the class of workmen it intends to employ, the rates of wages and the hours of work. The Committee requests the Government to communicate updated information, including the number of public contracts awarded each year and the approximate number of workers employed in their execution.

Articles 4(b)(ii) and 5. Labour inspection systems. Sanctions. The Government indicates that the Safety and Health Act provides for good safety conditions at the workplace, and that Safety and Health officials from the Labour Department carry out the necessary inspections to ensure that fair and reasonable conditions are in place for workers. The Committee notes that paragraph 11 of the Schedule to the Labour Clauses (Public Contracts) Act (Cap. 349) provides 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 Chief Labour Officer may determine”. The Committee requests the Government to provide information, including statistical information on the activities of the inspection authorities with regard to work carried out under public contracts. Furthermore, it requests the Government to provide information on measures taken, including sanctions imposed, to ensure the effective implementation of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has been in receipt of comments made by the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), basically expressing satisfaction about the manner in which the Convention is applied and enforced in accordance with the Labour Clauses (Public Contracts) Act (Cap. 349).

Part V of the report form. Noting that, since the ratification of the Convention, the Government has practically never communicated any general information on its practical application, the Committee would appreciate receiving up to date and documented information, including, for instance, any available statistics on the number of public contracts awarded each year and the approximate number of workers employed in their execution, inspection results showing the number of any contraventions of the relevant legislation observed and sanctions imposed, copies of official documents or studies concerning social and labour matters with respect to public procurement, etc.

Finally, the Committee attaches herewith a copy of a Practical Guide prepared by the Office principally on the basis of the General Survey of 2008 on Convention No. 94 to help better understand the requirements of the Convention, and ultimately improve its application in law and practice.