Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Solomon Islands (Ratification: 1985)

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s statement that the scope and purpose of the revision of the Labour Act are limited to dispositions that are considered relevant to the requirements of the Convention. The Government further indicates that the revision will depend on the availability of resources. The Committee recalls that the Government has been indicating since 2005 that a labour law reform relevant to the application of the Convention is under way in consultation with the social partners. It notes the lack of concrete progress in this regard. In particular, the Committee notes that the Labour Act, Cap. 73 section 80, on Labour (Fair Wages Clauses in Public Contracts) Rules, does not require the inclusion of labour clauses in public contracts. In its 2008 General Survey on labour clauses in public contracts, paragraph 44, the Committee clarified that the basic purpose of the Convention is: “to ensure that public contracts are executed under conditions of labour which are not less favourable than those established by collective agreement, arbitration award or national laws or regulations for work of the same character in the trade or industry concerned in the district where the work is carried out. This in practice means the most advantageous labour conditions for the workers concerned …”. The Committee noted, moreover, that the Convention “calls for the insertion of labour clauses of a very specific content” (paragraph 46), and that “the essential element required for the application of the Convention is that a labour clause along the terms prescribed in Article 2, paragraphs 1 and 2, of the Convention be incorporated into the text of the public contract” (paragraph 110). The Committee, therefore, urges the Government to take all necessary action without further delay to ensure that full effect is given to the core requirement of the Convention set out in this Article, namely the requirement that labour clauses be incorporated into every public contract whether for works, supply of goods or performance of services (Article 1). The Committee recalls that the Government can avail itself of the technical assistance of the Office in order to bring its law and practice into full compliance with the requirements of the Convention.

Application of the Convention. Part V of the report form. The Committee requests the Government to provide a detailed report with full particulars on each of the provisions of the Convention, to enable the Office to assess the extent to which the provisions of the Convention are applied in law and practice, and to transmit copies of any relevant bidding documents currently in use.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013. 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 the ongoing process of revision of the Labour Act (Cap. 73) involves also the revision of the Labour (Fair Wages Clauses in Public Contracts) Rules which are appended to the Labour Act and which are in substantial conformity with the requirements of the Convention. The Committee accordingly requests the Government to clarify the scope and purpose of the revision of these Rules and to keep the Office informed of any legislative amendments which would have an impact on the implementation of the Convention.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that the ongoing process of revision of the Labour Act (Cap. 73) involves also the revision of the Labour (Fair Wages Clauses in Public Contracts) Rules which are appended to the Labour Act and which are in substantial conformity with the requirements of the Convention. The Committee accordingly requests the Government to clarify the scope and purpose of the revision of these Rules and to keep the Office informed of any legislative amendments which would have an impact on the implementation of the Convention.

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

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:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that the Government’s indication that the labour law reform process launched in 2005 is still being pursued in consultation with employers’ and workers’ organizations. The Committee requests the Government to clarify whether the ongoing revision process involves in any manner the Labour (Fair Wages Clauses in Public Contracts) Rules, which are appended to the Labour Act (Cap. 73) and which give effect to the requirements of the Convention. It also requests the Government to keep the Office informed of further developments in this regard and to transmit any new legislative text once it has been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide up-to-date information on the application of the Convention in practice, including copies of recent public contracts containing labour clauses, statistics on the number of public contracts awarded and the average number of workers concerned, and extracts from inspection reports.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that the Government’s indication that the labour law reform process launched in 2005 is still being pursued in consultation with employers’ and workers’ organizations. The Committee requests the Government to clarify whether the ongoing revision process involves in any manner the Labour (Fair Wages Clauses in Public Contracts) Rules, which are appended to the Labour Act (Cap. 73) and which give effect to the requirements of the Convention. It also requests the Government to keep the Office informed of further developments in this regard and to transmit any new legislative text once it has been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide up-to-date information on the application of the Convention in practice, including copies of recent public contracts containing labour clauses, statistics on the number of public contracts awarded and the average number of workers concerned, and extracts from inspection reports.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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. Insertion of labour clauses in public contracts. The Committee notes that a labour law reform is currently under way in consultation with the employers’ and workers’ organizations. The Committee requests the Government to keep the Office informed of any possible legislative changes which may impact on the application of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government has submitted information on the practical application of the Convention for the last time in 1987. It would therefore appreciate receiving up to date information on the application of the Convention in practice, including copies of recent public contracts containing labour clauses, statistics on the number of public contracts awarded and the average number of workers concerned, extracts from inspection reports and any other particulars which would enable the Committee to evaluate the conformity of national law and practice with the requirements of the Convention.

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

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. Insertion of labour clauses in public contracts. The Committee notes that a labour law reform is currently under way in consultation with the employers’ and workers’ organizations. The Committee requests the Government to keep the Office informed of any possible legislative changes which may impact on the application of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government has submitted information on the practical application of the Convention for the last time in 1987. It would therefore appreciate receiving up to date information on the application of the Convention in practice, including copies of recent public contracts containing labour clauses, statistics on the number of public contracts awarded and the average number of workers concerned, extracts from inspection reports and any other particulars which would enable the Committee to evaluate the conformity of national law and practice with the requirements of the Convention.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts 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. It also refers to the Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.

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

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:

The Committee notes the Government’s indication that a labour law reform is currently under way in consultation with the employers’ and workers’ organizations. The Committee requests the Government to keep the Office informed of any possible changes which may be introduced in the implementing legislation (for instance, the possible revision of the US$5,000 limit for the exemption of low-expenditure public contracts from the scope of the Convention).

Part V of the report form. The Committee notes that the Government has submitted information on the practical application of the Convention for the last time in 1987. It would therefore appreciate receiving up-to-date information on the application of the Convention in practice, including copies of recent public contracts containing labour clauses, statistics on the number of public contracts awarded and the average number of workers concerned, extracts from inspection reports and any other particulars which would enable the Committee to evaluate the conformity of national law and practice with the requirements of the Convention.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts 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.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

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

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:

The Committee notes the Government’s indication that a labour law reform is currently under way in consultation with the employers’ and workers’ organizations. The Committee requests the Government to keep it informed of any possible changes which may be introduced in the implementing legislation (for instance, the possible revision of the US$5,000 limit for the exemption of low-expenditure public contracts from the scope of the Convention).

Part V of the report form. The Committee notes that the Government has submitted information on the practical application of the Convention for the last time in 1987. It would therefore appreciate receiving up-to-date information on the application of the Convention in practice, including copies of recent public contracts containing labour clauses, statistics on the number of public contracts awarded and the average number of workers concerned, extracts from inspection reports and any other particulars which would enable the Committee to evaluate the conformity of national law and practice with the requirements of 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 2005, published 95th ILC session (2006)

The Committee notes the Government’s statement that no significant changes have been registered during the reporting period concerning the application of the Convention in national law and practice. It also notes the Government’s indication that a labour law reform is currently under way in consultation with the employers’ and workers’ organizations. The Committee requests the Government to keep it informed of any possible changes which may be introduced in the implementing legislation (for instance, the possible revision of the US$5,000 limit for the exemption of low-expenditure public contracts from the scope of the Convention).

Part V of the report form. The Committee notes that the Government has submitted information on the practical application of the Convention for the last time in 1987. It would therefore appreciate receiving up-to-date information on the application of the Convention in practice, including copies of recent public contracts containing labour clauses, statistics on the number of public contracts awarded and the average number of workers concerned, extracts from inspection reports and any other particulars which would enable the Committee to evaluate the conformity of national law and practice with the requirements of the Convention.