Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Aruba

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 reiterated its request that the Government take the necessary measures to give effect to the core requirement of the Convention, namely the insertion in public contracts of labour clauses of the type prescribed by Article 2, and to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements, as well as the tender instructions used in recent procurement operations, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice. The Committee notes that the requested documents are not included in the Government’s report. It further notes that the Government does not provide information on measures taken or envisaged to give effect to the core requirement of the Convention. The Government refers to its past reports, indicating that no changes have been made to legislation during the reporting period. Nevertheless, the Committee notes the initiative taken by the Government to introduce the Procurement Ordinance (Aanbestedingsverordening) that will update the existing public procurement legislation. In this regard, the Committee refers to the International Monetary Fund’s 2021 country report on Aruba (IMF Country Report No. 21/81), which indicates that the, “Aruban authorities are developing a Procurement Ordinance that will improve transparency, particularly by specifying the circumstances when variations will be permitted to projects and establishing an e-procurement system”. Noting that the Committee has been commenting for several years on the Government’s failure to give effect to the Convention, the Committee expresses the hope that the Government will take the opportunity presented by the development of the Procurement Ordinance 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 the labour clauses, by advertising specifications or otherwise, so that tenderers are aware of the terms of the clauses (Article 2(4)); 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 and recalls that the Government can avail itself of the technical assistance of the ILO in this regard, 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. Further to its previous observations, the Committee notes the Government’s indication that changes have been introduced for the specific inclusion of labour provisions in bidding documents issued by the Public Works Department. The Government explains that according to established procedure, it publishes specifications for a specific project and interested parties submit their bids following which a tender letter is awarded to which the Uniform General Instructions (UAV) apply. The Government also refers to a copy of a project specification containing labour provisions and to two sample tender letters as being attached to the report but no such documents have been received. The Committee once again recalls that the Convention requires bidders to be informed in advance, by means of standard labour clauses included in tender documents, not simply of relevant provisions of the national labour legislation but also of their obligation, if selected, to observe in the performance of the contract wages and other labour conditions not less favourable than the highest minimum standards established locally by collective agreement, arbitration award or laws and regulations.

Although the Committee has had in the past limited indications of such clauses possibly being used in certain contracts (for instance, circular letter of 1959 in connection with the building industry), it has never been in a position to verify whether a standard clause of the type prescribed by Article 2 of the Convention, and drafted after consultation with the organizations of employers and workers concerned, has effectively been included in a competitive bidding operation, whether for construction work or the supply of goods or services. The Committee once more asks the Government to take the necessary measures to give effect to the core requirement of the Convention which seeks to ensure that workers employed by a contractor and paid indirectly out of public funds enjoy wages and conditions of labour which are at least as favourable as those prevailing in the locality where the work is done, for the type of work concerned, whether they are established by collective agreement or otherwise. The Government is also requested to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements as well as the tender instructions used in recent procurement operations, such as the “Green Corridor” project and the Barcadera project launched by the Aruba Port Authority, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice.

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. Further to its previous observations, the Committee notes the Government’s indication that changes have been introduced for the specific inclusion of labour provisions in bidding documents issued by the Public Works Department. The Government explains that according to established procedure, it publishes specifications for a specific project and interested parties submit their bids following which a tender letter is awarded to which the Uniform General Instructions (UAV) apply. The Government also refers to a copy of a project specification containing labour provisions and to two sample tender letters as being attached to the report but no such documents have been received. The Committee once again recalls that the Convention requires bidders to be informed in advance, by means of standard labour clauses included in tender documents, not simply of relevant provisions of the national labour legislation but also of their obligation, if selected, to observe in the performance of the contract wages and other labour conditions not less favourable than the highest minimum standards established locally by collective agreement, arbitration award or laws and regulations.

Although the Committee has had in the past limited indications of such clauses possibly being used in certain contracts (for instance, circular letter of 1959 in connection with the building industry), it has never been in a position to verify whether a standard clause of the type prescribed by Article 2 of the Convention, and drafted after consultation with the organizations of employers and workers concerned, has effectively been included in a competitive bidding operation, whether for construction work or the supply of goods or services. The Committee once more asks the Government to take the necessary measures to give effect to the core requirement of the Convention which seeks to ensure that workers employed by a contractor and paid indirectly out of public funds enjoy wages and conditions of labour which are at least as favourable as those prevailing in the locality where the work is done, for the type of work concerned, whether they are established by collective agreement or otherwise. The Government is also requested to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements as well as the tender instructions used in recent procurement operations, such as the “Green Corridor” project and the Barcadera project launched by the Aruba Port Authority, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice.

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

The Committee notes with regret 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.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous observations, the Committee notes the Government’s indication that changes have been introduced for the specific inclusion of labour provisions in bidding documents issued by the Public Works Department. The Government explains that according to established procedure, it publishes specifications for a specific project and interested parties submit their bids following which a tender letter is awarded to which the Uniform General Instructions (UAV) apply. The Government also refers to a copy of a project specification containing labour provisions and to two sample tender letters as being attached to the report but no such documents have been received. The Committee once again recalls that the Convention requires bidders to be informed in advance, by means of standard labour clauses included in tender documents, not simply of relevant provisions of the national labour legislation but also of their obligation, if selected, to observe in the performance of the contract wages and other labour conditions not less favourable than the highest minimum standards established locally by collective agreement, arbitration award or laws and regulations.

Although the Committee has had in the past limited indications of such clauses possibly being used in certain contracts (for instance, circular letter of 1959 in connection with the building industry), it has never been in a position to verify whether a standard clause of the type prescribed by Article 2 of the Convention, and drafted after consultation with the organizations of employers and workers concerned, has effectively been included in a competitive bidding operation, whether for construction work or the supply of goods or services. The Committee once more asks the Government to take the necessary measures to give effect to the core requirement of the Convention which seeks to ensure that workers employed by a contractor and paid indirectly out of public funds enjoy wages and conditions of labour which are at least as favourable as those prevailing in the locality where the work is done, for the type of work concerned, whether they are established by collective agreement or otherwise. The Government is also requested to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements as well as the tender instructions used in recent procurement operations, such as the “Green Corridor” project and the Barcadera project launched by the Aruba Port Authority, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice.

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. Further to its previous observations, the Committee notes the Government’s indication that changes have been introduced for the specific inclusion of labour provisions in bidding documents issued by the Public Works Department. The Government explains that according to established procedure, it publishes specifications for a specific project and interested parties submit their bids following which a tender letter is awarded to which the Uniform General Instructions (UAV) apply. The Government also refers to a copy of a project specification containing labour provisions and to two sample tender letters as being attached to the report but no such documents have been received. The Committee once again recalls that the Convention requires bidders to be informed in advance, by means of standard labour clauses included in tender documents, not simply of relevant provisions of the national labour legislation but also of their obligation, if selected, to observe in the performance of the contract wages and other labour conditions not less favourable than the highest minimum standards established locally by collective agreement, arbitration award or laws and regulations.

Although the Committee has had in the past limited indications of such clauses possibly being used in certain contracts (for instance, circular letter of 1959 in connection with the building industry), it has never been in a position to verify whether a standard clause of the type prescribed by Article 2 of the Convention, and drafted after consultation with the organizations of employers and workers concerned, has effectively been included in a competitive bidding operation, whether for construction work or the supply of goods or services. The Committee once more asks the Government to take the necessary measures to give effect to the core requirement of the Convention which seeks to ensure that workers employed by a contractor and paid indirectly out of public funds enjoy wages and conditions of labour which are at least as favourable as those prevailing in the locality where the work is done, for the type of work concerned, whether they are established by collective agreement or otherwise. The Government is also requested to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements as well as the tender instructions used in recent procurement operations, such as the “Green Corridor” project and the Barcadera project launched by the Aruba Port Authority, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous observations, the Committee notes the Government’s indication that changes have been introduced for the specific inclusion of labour provisions in bidding documents issued by the Public Works Department. The Government explains that according to established procedure, it publishes specifications for a specific project and interested parties submit their bids following which a tender letter is awarded to which the Uniform General Instructions (UAV) apply. The Government also refers to a copy of a project specification containing labour provisions and to two sample tender letters as being attached to the report but no such documents have been received. The Committee once again recalls that the Convention requires bidders to be informed in advance, by means of standard labour clauses included in tender documents, not simply of relevant provisions of the national labour legislation but also of their obligation, if selected, to observe in the performance of the contract wages and other labour conditions not less favourable than the highest minimum standards established locally by collective agreement, arbitration award or laws and regulations.

Although the Committee has had in the past limited indications of such clauses possibly being used in certain contracts (for instance, circular letter of 1959 in connection with the building industry), it has never been in a position to verify whether a standard clause of the type prescribed by Article 2 of the Convention, and drafted after consultation with the organizations of employers and workers concerned, has effectively been included in a competitive bidding operation, whether for construction work or the supply of goods or services. The Committee once more asks the Government to take the necessary measures to give effect to the core requirement of the Convention which seeks to ensure that workers employed by a contractor and paid indirectly out of public funds enjoy wages and conditions of labour which are at least as favourable as those prevailing in the locality where the work is done, for the type of work concerned, whether they are established by collective agreement or otherwise. The Government is also requested to transmit copies of standard bidding documents currently in use, sample tender letters and concession agreements as well as the tender instructions used in recent procurement operations, such as the “Green Corridor” project and the Barcadera project launched by the Aruba Port Authority, to enable the Committee to better understand the manner in which the Convention is implemented in law and in practice.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s succinct report and regrets that no clear replies have so far been provided to the issues that the Committee has been raising for over 20 years. The Committee recalls that the Government has been making reference to the Labour Ordinance, the Civil Code and the Uniform General Instructions (UAV) as giving effect to the requirements of the Convention despite the Committee’s repeated observations that the mere fact of the national legislation being applicable to all workers does not release a ratifying State from its obligation to take the necessary measures to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention (see also paragraphs 110–113 of the General Survey of 2008 on labour clauses in public contracts). On other instances, the Government stated that it had no authority to dictate how much contractors should pay their workers in so far as they complied with the minimum wage legislation in force while more recently it indicated that discussions had been initiated between the Labour Department and the Department of Public Works on how to ensure compliance with the provisions of the Convention. Finally, in its last report, the Government refers to the General Administrative Rules, which include an express reference to ILO Convention No. 94, without being clear whether these rules are specific to public procurement contracts and how they relate to the abovementioned UAV. In light of the fragmented and unclear information provided by the Government in successive reports, the Committee requests the Government to give in its next report a detailed account on any measures taken or planned in order to implement the basic requirements of the Convention. It would appreciate receiving copies of all legal instruments, such as laws, regulations or administrative circulars, which relate to the labour conditions applicable to those engaged in the execution of public contracts and thus may have an impact on the application of the Convention.

Finally, the Committee wishes to draw the Government’s attention to the General Observation of 2009 on wages in which reference was made to the Global Jobs Pact, adopted by the International Labour Conference in June 2009 in response to the global economic crisis, that places particular emphasis on the need to strengthen respect for international labour standards and expressly identifies ILO instruments on wages and labour conditions on public contracts as being relevant in order to prevent a downward spiral in labour conditions and build recovery (paragraph 14). The Global Jobs Pact further suggests that governments as employers and procurers should respect and promote negotiated wage rates (paragraph 12), thus recognizing Convention No. 94 as one of the ILO instruments in the crisis that can help ensure that investments financed by public stimulus packages generate jobs with decent pay and working conditions.

[The Government is asked to reply in detail to the present comments in 2012.]

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee has been drawing the Government’s attention for several years to the need to adopt implementing legislation since the general applicability of the labour legislation to all public contracts is not sufficient in itself to give effect to the specific requirements of the Convention. In its reply, the Government indicates that at present some preliminary discussions have been undertaken between the Departments of Labour and Public Works with a view to harmonizing the national legislation with the Convention. The Committee hopes that concrete progress will be made shortly and requests the Government to keep the Office informed of all future developments in this respect.

Further to its previous comments, the Committee once again requests the Government to make an effort and collect relevant and up to date information concerning the matters dealt with in the Convention including, for instance, the approximate number of public contracts awarded and the number of workers engaged in their execution, extracts from labour inspection reports showing the number and nature of infringements of the labour legislation observed in the area of public procurement, copies of any official studies concerning the social aspects of public contracting, etc.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts, which contains an overview of national laws and practice concerning the social dimensions of public procurement and a global assessment of the impact and present-day relevance of Convention No. 94.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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.

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

The Committee has been drawing the Government’s attention for several years to the need to adopt implementing legislation since the general applicability of the labour legislation to all public contracts is not sufficient in itself to give effect to the specific requirements of the Convention. In its reply, the Government indicates that at present some preliminary discussions have been undertaken between the Departments of Labour and Public Works with a view to harmonizing the national legislation with the Convention. The Committee hopes that concrete progress will be made shortly and requests the Government to keep it informed of all future developments in this respect.

Further to its previous comments, the Committee once again requests the Government to make an effort and collect relevant and up to date information concerning the matters dealt with in the Convention including, for instance, the approximate number of public contracts awarded and the number of workers engaged in their execution, extracts from labour inspection reports showing the number and nature of infringements of the labour legislation observed in the area of public procurment, copies of any official studies concerning the social aspects of public contracting, etc.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey, which contains an overview of national laws and practice concerning the social dimensions of public procurement and a global assessment of the impact and present-day relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]

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

Part V of the report form. The Committee notes that the Government has not supplied in recent years any information 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 approximate number of 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 more elaborate information on the practical application of the Convention, including samples of public contracts, 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.

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

The Committee has been requesting the Government for many years to take the necessary measures to give effect to the requirements of the Convention, especially with regard to the insertion of express labour clauses in all public contracts ensuring to the workers concerned, wages, hours of work and other conditions of labour not less favourable than those established for work of the same character in the trade or industry concerned in the same district. In its reply to the Committee’s previous observation, the Government reiterates that, the general labour legislation being applicable to all public contracts, there is no need for additional terms to be included in those contracts. It also refers to the Uniform General Instructions (UAV) which regulate all agreements concluded between the Government and a contractor, and which explicitly provide for the application of Aruban law to those agreements. The Government further indicates that it has no authority to dictate how much contractors pay their workers, and that if the contractor abides by the laws and pays at least the minimum wage, the contractor is operating within lawful parameters.

In the absence of any concrete indication on the part of the Government that steps are being taken to ensure compliance with the Convention, the Committee is obliged to recall that the mere fact of the national legislation being applicable to all workers does not release a ratifying State from its obligation to take the necessary measures to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention. The Committee once again points out that in circumstances where the conditions of employment of workers are fixed not only by national legislation but also by collective agreements or arbitration awards, and where the provisions of the national legislation respecting wages, hours of work and other conditions of employment provide merely for minimum standards which may be exceeded by collective agreements, the insertion of labour clauses can serve a very useful purpose in ensuring that the workers concerned are entitled to wages and labour conditions at least as good as those normally observed for the kind of work in question, whether determined by collective agreements or otherwise. The Committee urges therefore the Government to take appropriate measures to bring its legislation into conformity with the provisions of Article 2(1) (insertion of labour clauses), Article 2(3) (consultation with employers’ and workers’ organizations on the terms of the labour clauses), Article 2(4) (measures to inform persons tendering for contracts of the terms of the clauses), Article 4 (posting of notices and maintenance of records) and Article 5 (sanctions for failure to observe the provisions of labour clauses). The Committee asks the Government to provide information in its next report on progress made in this regard.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its previous comments, the Committee noted the Government’s indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention.

Article 2(3). Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2(4). Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Part V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that despite its repeated requests, no report has been submitted by the Government in the last nine years. 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 comment, which read as follows:

With reference to its previous comments, the Committee noted the Government’s indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention.

Article 2(3). Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2(4). Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Part V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

With reference to its previous comments, the Committee noted the Government’s indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention.

Article 2(3).  Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2(4).  Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b).  Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5.  The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Part V of the report form.  The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

With reference to its previous comments, the Committee noted the Government's indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Part V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contract containing labour clauses, and extracts of reports by the inspection services in this regard

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

With reference to its previous comments, the Committee noted the Government's indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Point V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

With reference to its previous comments, the Committee noted the Government's indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Point V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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:

With reference to its previous comments, the Committee noted the Government's indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Point V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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:

With reference to its previous comments, the Committee noted the Government's indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Point V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 following matters raised in its previous direct request:

With reference to its previous comments, the Committee noted the Government's indication in its previous report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organizations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Point V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

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

With reference to its previous comments, the Committee notes the Government's indication in its report to the effect that conditions of work of the workers employed by public contractors fall within the scope of labour legislation. The Committee points out that the application of the general labour legislation to the workers employed by public contractors does not release the Government from the obligation to take necessary steps to ensure, in accordance with Article 2, paragraphs 1 and 2 of the Convention, that public contracts to which the Convention applies in pursuance of Article 1, contain labour clauses guaranteeing the workers concerned conditions of labour (including wages) which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore requests the Government to take the necessary measures to give effect to the above provisions of the Convention. When formulating these measures, please also take into account the following provisions of the Convention:

Article 2, paragraph 3. Consultation with the organisations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variation thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the labour clauses.

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the Convention; the definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces so as to inform the workers of their conditions of work; and the keeping of adequate records of the time worked by and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses and measures to enable the workers concerned to obtain the wages due.

Point V of the report form. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing labour clauses, and extracts of reports by the inspection services in this regard.

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

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 first report and the statement that Aruba has adopted the complete national legislation of the Netherlands Antilles and that, therefore, the provisions giving effect to the Convention are the Labour Ordinance, the Holiday Ordinance, the Law on Minimum Wages, the Illness Regulation, the Accidents Regulation and the Security Legislation of 1958. The Government adds that this legislation is applicable both to activities in the private sector and work carried out by the Government.

The Committee recalls, as it has done for many years for the Netherlands Antilles, that the provisions of the above legislation are not sufficient to ensure the application of the Convention in the case of public contracts covering the work set out in Article 1 of the Convention, including work carried out by subcontractors or assignees of contracts. Indeed, special measures need to be taken for this purpose and to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that these contracts include clauses ensuring to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore hopes that the Government will be able, in its national legislation, to take the necessary measures to give effect to the above provisions of the Convention and that, when formulating these measures, it will also take into account the following provisions:

Article 2, paragraph 3, of the Convention. Consultation with the organisations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variations thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the clauses of these contracts (for example, by the publication of specifications of the conditions that are applicable).

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the regulations or other provisions giving effect to the Convention. The definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces with a view to informing the workers of their conditions of employment; the keeping of adequate records of the time worked by, and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses in public contracts and measures to enable the workers concerned to obtain the wages to which they are entitled.

Point V of the report form on the Convention. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing the clauses referred to in Article 2, and extracts of reports by the inspection services.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's first report and the statement that Aruba has adopted the complete national legislation of the Netherlands Antilles and that, therefore, the provisions giving effect to the Convention are the Labour Ordinance, the Holiday Ordinance, the Law on Minimum Wages, the Illness Regulation, the Accidents Regulation and the Security Legislation of 1958. The Government adds that this legislation is applicable both to activities in the private sector and work carried out by the Government.

The Committee recalls, as it has done for many years for the Netherlands Antilles, that the provisions of the above legislation are not sufficient to ensure the application of the Convention in the case of public contracts covering the work set out in Article 1 of the Convention, including work carried out by subcontractors or assignees of contracts. Indeed, special measures need to be taken for this purpose and to ensure, in accordance with Article 2, paragraphs 1 and 2, of the Convention, that these contracts include clauses ensuring to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district.

The Committee therefore hopes that the Government will be able, in its national legislation, to take the necessary measures to give effect to the above provisions of the Convention and that, when formulating these measures, it will also take into account the following provisions:

Article 2, paragraph 3, of the Convention. Consultation with the organisations of employers and workers concerned for the determination by the competent authority of the terms of the clauses to be included in contracts and any variations thereof.

Article 2, paragraph 4. Measures to ensure that persons tendering for contracts are aware of the terms of the clauses of these contracts (for example, by the publication of specifications of the conditions that are applicable).

Article 4(a) and (b). Measures to bring to the notice of the persons concerned the regulations or other provisions giving effect to the Convention. The definition of the persons responsible for compliance with these regulations; the posting of notices at workplaces with a view to informing the workers of their conditions of employment; the keeping of adequate records of the time worked by, and the wages paid to the workers.

Article 5. The sanctions applicable in the event of failure to observe the labour clauses in public contracts and measures to enable the workers concerned to obtain the wages to which they are entitled.

Point V of the report form on the Convention. The Committee also requests the Government to supply information on the practical application of the Convention and to supply, if possible, copies of public contracts containing the clauses referred to in Article 2, and extracts of reports by the inspection services.