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

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

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