Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Bahamas (Ratification: 1976)

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. For a number of years, the Committee has been requesting the Government to clarify the state of its national law and practice concerning the insertion of labour clauses in contracts awarded by public authorities. In its report, the Government reiterates that there is no legislation specifically enacted to give effect to the Convention, but that the execution of all public contracts is subject to the provisions of the national labour legislation, such as the Employment Act, the Minimum Wages Act, the Health and Safety at Work Act, and the Industrial Relations Act. It indicates that all workers concerned are thus sufficiently protected under the labour laws. The Government further refers to the Financial Administration and Audit Act of 1973, and provides a copy of the Financial Administration and Audit Regulations. The Regulations highlight the establishment and functions of the Government Tenders Board, which include providing justification for the choice of tenders that the various ministries may make for goods, works or services to be carried out under public contracts. The Government adds that the Government Tenders Board provides a measure of transparency in all of the public procurement procedures in that records are kept of all proceedings and the Board members make recommendations concerning the best choice among the evaluated tenders to the various ministries. Moreover, in reply to the Committee’s previous comments, the Government indicates that it remains committed to complying with ILO Conventions, and undertakes to re-examine its position in relation to Convention No. 94. In its 2008 General Survey, paragraph 45, the Committee considered that the mere fact that the national labour legislation applies to all workers is not sufficient to meet the requirements of Article 2 of the Convention. The Committee emphasized that the insertion of labour clauses covering all the employment conditions of persons engaged in the execution of public contracts constitutes the basic requirement of the Convention and the best guarantee that such workers enjoy conditions as favourable as those which may have been collectively negotiated and obtained by workers employed in similar work in the same district. The Committee therefore once again requests the Government to re-examine its laws and regulations governing public procurement to ensure that they call for the insertion of labour clauses, as required by Article 2 of the Convention. In addition, referring to its previous comments, the Committee requests the Government to clarify whether the Fair Labour Standards Act of 1970, Circular No. 1/1966 of 19 January 1966, Circular No. 1/1967 of 30 November 1967, and Circular No. 2 of 26 October 1965 remain in force, or whether they have been replaced, modified or supplemented by new texts. If this is the case, the Committee requests the Government to provide copies of the relevant texts.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Insertion of labour clauses in public contracts. For a number of years, the Committee has been asking the Government to clarify the state of national law and practice concerning the use of standard labour clauses in contracts awarded by public authorities. In its last report, the Government reiterates that the execution of all public contracts is subject to the provisions of labour laws, such as the Employment Act, the Minimum Wages Act, the Health and Safety at Work Act, and the Industrial Relations Act, and therefore all workers concerned are sufficiently protected. The Committee recalls, however, that the mere fact that general labour legislation applies to workers responsible for the execution of public contracts, is not sufficient to meet the requirements of Article 2 of the Convention. The Committee refers, in this respect, to paragraph 41 of the 2008 General Survey on labour clauses in public contracts in which it emphasized that the general applicability of national labour law to work done in the execution of public contracts is not the focus of the Convention since there would be very little meaning in adopting a Convention that would simply affirm that work for public contracts must comply with relevant labour legislation. The Committee wishes to emphasize once more that the insertion of labour clauses covering all the employment conditions of persons engaged in the execution of public contracts constitutes the basic requirement of the Convention and the best guarantee that such workers enjoy conditions as favourable as those which may have been collectively negotiated and obtained by workers employed in similar work in the same district. It should therefore be clear that where collective agreements grant additional benefits or provide for higher standards than those established under labour laws in general, or where collective agreements are not generally binding, a mere reference to the relevant provisions of the national legislation would be insufficient for the purpose of giving effect to the Convention. The Committee accordingly requests the Government to re-examine its laws and regulations governing public procurement to ensure that they provide for the insertion of labour clauses, as required by Article 2 of the Convention. The Committee would also be grateful if the Government would clarify whether the following texts, to which reference has been made in previous reports, remain in force: Fair Labour Standards Act of 1970, Circular No. 1/1966 of 19 January 1966, Circular No. 1/1967 of 30 November 1967, and Circular No. 2 of 26 October 1965.

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

Articles 1 and 2 of the Convention. Scope and content of labour clauses. The Committee has been unclear as to the continued application of the rules and regulations giving effect to the requirements of the Convention. In view of the sparse reports and very little information on the practical application of the Convention received in the last 20 years, the Committee has requested the Government to clarify whether the administrative instructions which had been adopted before independence, i.e. Circulars No. 2 of 26 October 1965, No. 1/1966 of 19 January 1966 and No. 1/1967 of 30 November 1967, still remain in force or whether they have been replaced, modified or supplemented by new texts. The Government’s last report does not contain any reply on this point but merely refers to the Public Works Act (Chapter 26) and its corresponding subsidiary legislation, the Public Works Regulations. Noting however that neither of the two instruments provides for the insertion of labour clauses in public contracts, the Committee is obliged once again to ask the Government to provide detailed and comprehensive information on the present situation with regard to the application of the Convention. The Committee would also appreciate receiving general information on the manner in which the Convention is applied in practice, including copies of any standard bidding documents containing labour clauses which may be currently in use.

For all useful purposes, 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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It notes that in its previous report, received in 2000, the Government had made reference to the Contracts of Service and Public Work Regulations as giving effect to the requirements of the Convention. The text of these Regulations not being available at the Office, the Committee would appreciate receiving a copy. Furthermore, the Committee would be grateful if the Government would clarify whether Circulars Nos. 1/1966 of 19 January 1966 and 1/1967 of 30 November 1967 as well as Circular No. 2 of 26 October 1965 and the General Conditions of Contract have been superseded or otherwise amended by the above Regulations. In addition, the Committee would thank the Government for transmitting sample forms used for public tendering.

Part V of the report form. Noting that the Government has last provided practical information regarding the application of the Convention in 1994, the Committee requests the Government to supply in its next report up to date information on the number of public contracts awarded, enforcement measures, and any other particulars which would permit a general evaluation of the manner in which the Convention is applied.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Point V of the report form. The Committee would be grateful if the Government would include in its next report the information on the practical application of the Convention, including the number of public contracts awarded, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Point V of the report form. The Committee would be grateful if the Government would include in its next report the information on the practical application of the Convention, including the number of public contracts awarded, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Point V of the report form. The Committee would be grateful if the Government would include in its next report the information previously requested on the practical application of the Convention, including the number of public contracts awarded, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Point V of the report form. The Committee notes the information given by the Government in reply to its previous direct request. It would be grateful if the Government would include in its next report the information previously requested on the practical application of the Convention, including the number of public contracts awarded, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Part V of the report form. The Committee notes the information given by the Government in reply to its previous direct request. It would be grateful if the Government would include in its next report the information previously requested on the practical application of the Convention, including the number of public contracts awarded, the number and nature of contraventions reported, etc.