Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Guyana (Ratification: 1966)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. In its previous comments, the Committee requested the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice, and to provide copies of any rules or regulations drafted to implement the Procurement Act (Cap. 73:05) of 2003, particularly with respect to the labour conditions of workers engaged in the execution of public contracts. The Committee welcomes the copies of the Guyana Legal & Policy Framework for Public Procurement and Regulations made under the Procurement Act 2003, attached to the report. It notes, however, that these documents do not contain any reference to the insertion into public contracts of the labour clauses required by the Convention. Indeed, the Government indicates that public contracts in Guyana do not contain any clauses regarding wages and labour issues, but that all of Guyana's labour laws apply to work done under public contracts. It adds that the Public Procurement Commission is a constitutional body charged with monitoring public procurement to ensure that the procurement of goods, services and the execution of works is carried out in compliance with national law and relevant policy guidelines. In this context, the Government indicates that, through the Public Procurement Commission, Security Services Contracts by public entities contain a clause that requires confirmation that no less than the minimum wage is paid to security guards. The Government adds that, to be eligible for public contracts, all contractors/employers must comply with the National Insurance Scheme and the requirements of the Guyana Revenue Authority. The Committee notes the legislation reform activities of the Public Procurement Commission, in particular, the preparation of draft Regulations 2020, in relation to Emergency Procurement. In this context, the Committee draws the Government’s attention to paragraph 45 of its 2008 General Survey on labour clauses in public contracts, which clarifies that “the mere fact of the national legislation being applicable to all workers does not release the State which has 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 recalls 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), i.e. the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned”. Noting that public contracts in Guyana still do not contain the labour clauses required to give effect to the Convention, the Committee urges the Government to take the opportunity presented by the legislative reforms undertaken by the Public Procurement Commission to bring its national legislation into full conformity with the provisions of the Convention, particularly with respect to: the determination of the terms of the labour clauses to be included in public contracts to which the Convention applies, after consultation with the organizations of employers and workers concerned (Article 2(3)); the dissemination of those clauses, by advertising specifications or otherwise, so that tenderers are aware of the terms of the clauses (Article 2(4)); the posting of notices in conspicuous places to ensure that the workers concerned are informed of the conditions of work applicable to them (Article 4(a)(iii)); and the establishment and implementation of a system of inspection and adequate sanctions, by the withholding of contracts or of payments due, for failure to apply the provisions of labour clauses (Article 5). The Committee requests the Government to keep the Office informed of progress made in this regard and recalls that the Government can avail itself of the technical assistance of the ILO, should it wish to do so.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2006.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2006. 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 earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

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:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

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:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s earlier indication that the Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record-keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

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

The Committee notes the Government’s earlier indication that a Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a new Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record-keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.

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

The Committee notes the Government’s earlier indication that a Fair Wages Rule, which essentially reproduces the provisions of the Convention, continues to apply to all public contracts and that there has been no change in the implementing legislation in recent years. The Committee understands, however, that a new Public Procurement Act (Cap. 73:05) was adopted in 2003 to enhance the transparency of the procurement process by setting up a new institutional structure for overseeing public contracting. The Committee also understands that, among other things, the new legislation provides for a Public Procurement Commission and a National Procurement and Tender Administration, standardized tender documents, and improved publicity and record-keeping. Accordingly, the Committee requests the Government to specify whether the reform of the public procurement legislation affects, in any possible manner, the application of the Convention in either law or practice. It also requests the Government to forward a copy of any rules or regulations that may have been drafted so far for the implementation of the new Procurement Act, especially as regards the labour conditions applicable to workers engaged in the execution of public contracts.