Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Antigua and Barbuda (Ratification: 1983)

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. In reply to the Committee’s previous comments, the Government indicates that there are no new legislative or other measures affecting the application of the Convention. It adds that the public procurement legislation currently in force does not address the issue of labour clauses in public contracts. The Government further indicates that public contracts are standard and that they are created in accordance with the national labour laws with which all vendors in the tendering process must comply. They do not include labour clauses unless this is done under a directive issued by a specific government Ministry. The Government reports that the revised legislation, the Procurement and Contract Administration Act 2011, was passed by the competent authority. However, the status of the Act is unclear from the information supplied by the Government. In any event, the Committee observes that the revised legislation does not provide for the inclusion of appropriate labour clauses in all public contracts for works, goods or services as required under Article 2 of the Convention. The Committee draws the Government’s attention to the 2008 General Survey on Convention No. 94 and the Office Practical Guide of 2008, which provide guidance and examples of how legislative conformity with the Convention may be ensured. The Committee hopes that the Government will take the necessary measures to fully apply the Convention in law and practice and once again recalls that the Government may avail itself of technical assistance from the Office for this purpose. It further requests the Government to provide copies of any relevant legal texts, specifically copies of any texts adopted revising the public procurement legislation.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that once again the Government’s report does not reply to its previous comments. The Committee has been requesting the Government for several years to indicate any legislative text, ministerial regulation or administrative instruction providing for the inclusion of appropriate labour clauses in all public contracts for works, goods or services covered by the Convention. The Committee has also been drawing the Government’s attention to the fact that a mere reference to the Labour Code (No. 14 of 1975) as being applicable to all workers, including those engaged in the execution of public contracts, is not sufficient to give effect to the principal requirement of the Convention, namely the insertion of appropriate labour clauses in public contracts as defined in the Convention. In its previous comments the Committee drew the Government’s attention to the 2008 General Survey on Convention No. 94 and the Office Practical Guide of 2008, which provide guidance and examples on how legislative conformity with the Convention may be ensured. The Committee hopes that the Government will take the necessary measures to fully apply the Convention in law and practice and once again recalls that the Government may avail itself of technical assistance from the Office for this purpose.

The Committee recalls that the Government has undertaken in recent years the revision of its public procurement legislation, including the Tenders Board Act (Cap. 424A). The Committee reiterates its request that the Government clarify whether the public procurement legislation currently in force addresses in any manner the question of labour clauses in public contracts, and, if not, to indicate any steps taken or envisaged in order to ensure compliance with the provisions of the Convention. The Committee further requests that the Government provide copies of any relevant legal texts, specifically copies of any texts adopted further to the revision of the public procurement legislation, that may not have been previously communicated to the Office.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been requesting the Government for several years to indicate any legislative text, ministerial regulation or administrative instruction providing for the inclusion of appropriate labour clauses in all public contracts for works, goods or services covered by the Convention. The Committee has also been drawing the Government’s attention to the fact that a mere reference to the Labour Code (No. 14 of 1975) as being applicable to all workers, including those engaged in the execution of public contracts, is not sufficient to give effect to the requirements of the Convention. Finally, the Committee in its previous comments referred to the 2008 General Survey on Convention No. 94 and the Office Practical Guide of 2008, both offering guidance and examples on how legislative conformity with the Convention may be ensured.

The Committee understands that the Government has undertaken in recent years the revision of its public procurement legislation, including the Tenders Board Act (Cap. 424A) without being clear, however, whether the amended legislation contains any specific provisions regulating the labour conditions of workers employed under public contracts. The Committee accordingly requests the Government to clarify whether the public procurement legislation currently in force addresses in any manner the question of labour clauses in public contracts, and, if not, to indicate any steps taken or envisaged in order to ensure compliance with the provisions of the Convention. In addition, the Committee would appreciate receiving copies of any relevant legal text that may not have been previously communicated to the Office.

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

Article 2 of the Convention. Insertion of labour clauses into public contracts. The Committee notes that the Government’s report does not reply to the points raised in previous comments. The Committee has been trying to establish whether the General Conditions of Contract, which applied to Antigua before its independence, and paragraph 16 of which gave effect to most of the provisions of the Convention, are still applicable in a legally binding form. The Government has never made clear whether these General Conditions of Contract are still in force, but simply referred to the Labour Code (No. 14 of 1975) as being applicable to workers employed under public contracts. Based on the information available, the Committee considers, as it has also pointed out in paragraph 169 of the General Survey of 2008 on labour clauses in public contracts, that Antigua and Barbuda is among these countries which are bound by the Convention, but have not as yet taken measures to give concrete effect to the main requirement of the Convention, i.e. the insertion of labour clauses in public contracts, considering that the mere fact that the general labour legislation applies without distinction to all workers suffices to absolve them from their obligation of incorporating appropriate labour clauses into public contracts as defined in the Convention. The Committee has consistently taken the view that the mere fact of the national legislation being applicable to all workers does not release the 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. The Committee therefore hopes that the Government will take all necessary action without further delay to fully apply the Convention both in law and practice, and recalls that it may draw upon the technical assistance of the Office for this purpose.

Part V of the report form. As the Government has practically never provided information on the practical application of the Convention, the Committee asks the Government to supply in its next report up to date and documented information, including, for example, the number of public contracts awarded each year, sample copies of public contracts, reports of the labour inspection services showing contraventions related to conditions of employment in the execution of public contracts and sanctions imposed, any official documents concerning labour and social matters in relation to public procurement, etc.  

Finally, with a view to assisting the Government in its efforts to give effect to the Convention, the Committee attaches herewith a Practical Guide prepared by the Office and based principally on the findings of the abovementioned General Survey. It hopes that the Government will make good use of this Guide and will take the necessary action in the very near future. 

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

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 matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes the Government’s statement in an earlier report that it is not necessary to include labour clauses in public contracts as it is the established practice for contractors of public contracts to offer the same terms and conditions of employment as those generally observed in the trade or industry concerned, and also because the Labour Code provisions relating to basic employment conditions are applicable to workers employed under public contracts. In this regard, the Committee is obliged to draw the Government’s attention to the fact that the Convention calls for specific measures, which may take the form of legislative provisions, administrative instructions or circulars, to ensure the inclusion of appropriate labour clauses in all the public contracts covered by the Convention, and that therefore the application of the Convention by means of current practice or usage is not sufficient to give effect to its substantive requirements. Moreover, the protection provided through labour clauses in public contracts cannot normally be ensured through the application of the general labour legislation only since the minimum standards fixed by law are often improved upon by means of collective bargaining or otherwise. By providing therefore for standard labour clauses in public contracts, the Convention seeks to ensure that workers are entitled to wages and labour conditions which are at least as good as the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. The Government is accordingly requested to take all the necessary steps to give full effect to this provision of the Convention and to supply information in its next report of any measures taken to this end.

Part V of the report form. The Committee notes that for many years the Government has been indicating that there are no legislative changes or other major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful if the Government would supply in its next report detailed and up to date information on the practical application of the Convention, including specimen copies of public contracts, the model text of general specifications or other official tender documents currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

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

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:

Article 2 of the Convention. The Committee notes the Government’s statement in an earlier report that it is not necessary to include labour clauses in public contracts as it is the established practice for contractors of public contracts to offer the same terms and conditions of employment as those generally observed in the trade or industry concerned, and also because the Labour Code provisions relating to basic employment conditions are applicable to workers employed under public contracts. In this regard, the Committee is obliged to draw the Government’s attention to the fact that the Convention calls for specific measures, which may take the form of legislative provisions, administrative instructions or circulars, to ensure the inclusion of appropriate labour clauses in all the public contracts covered by the Convention, and that therefore the application of the Convention by means of current practice or usage is not sufficient to give effect to its substantive requirements. Moreover, the protection provided through labour clauses in public contracts cannot normally be ensured through the application of the general labour legislation only since the minimum standards fixed by law are often improved upon by means of collective bargaining or otherwise. By providing therefore for standard labour clauses in public contracts, the Convention seeks to ensure that workers are entitled to wages and labour conditions which are at least as good as the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. The Government is accordingly requested to take all the necessary steps to give full effect to this provision of the Convention and to supply information in its next report of any measures taken to this end.

Part V of the report form. The Committee notes that for many years the Government has been indicating that there are no legislative changes or other major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful if the Government would supply in its next report detailed and up to date information on the practical application of the Convention, including specimen copies of public contracts, the model text of general specifications or other official tender documents currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. The Committee notes the Government’s statement in an earlier report that it is not necessary to include labour clauses in public contracts as it is the established practice for contractors of public contracts to offer the same terms and conditions of employment as those generally observed in the trade or industry concerned, and also because the Labour Code provisions relating to basic employment conditions are applicable to workers employed under public contracts. In this regard, the Committee is obliged to draw the Government’s attention to the fact that the Convention calls for specific measures, which may take the form of legislative provisions, administrative instructions or circulars, to ensure the inclusion of appropriate labour clauses in all the public contracts covered by the Convention, and that therefore the application of the Convention by means of current practice or usage is not sufficient to give effect to its substantive requirements. Moreover, the protection provided through labour clauses in public contracts cannot normally be ensured through the application of the general labour legislation only since the minimum standards fixed by law are often improved upon by means of collective bargaining or otherwise. By providing therefore for standard labour clauses in public contracts, the Convention seeks to ensure that workers are entitled to wages and labour conditions which are at least as good as the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation. The Government is accordingly requested to take all the necessary steps to give full effect to this provision of the Convention and to supply information in its next report of any measures taken to this end.

Part V of the report form. The Committee notes that for many years the Government has been indicating that there are no legislative changes or other major developments to be reported and consequently no information has been provided on the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful if the Government would supply in its next report detailed and up-to-date information on the practical application of the Convention, including specimen copies of public contracts, the model text of general specifications or other official tender documents currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.