Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Espagne (Ratification: 1971)

Article 2(1) of the Convention. Inclusion of labour clauses in public contracts. The Committee refers to new Act 30/2007 of 30 October 2007 concerning public sector contracts, to which the Government referred in its last report but which could not be examined in detail owing to its date of adoption. The Committee notes that, with the exception of sections 102, 103 and 134, which deal in general terms with the conditions of work relating to the performance of a public contract, the Act in question does not contain any provisions requiring the inclusion of labour clauses in public contracts and therefore gives no effect to the Convention. In this regard, the Committee draws the Government’s attention to its General Survey of 2008 on labour clauses in public contracts, particularly paragraphs 98–121, describing in detail the nature and content of the principal obligations imposed by Article 2, paragraph 1, of the Convention. According to this provision, public contracts to which the Convention applies must contain clauses ensuring to the workers concerned wages, hours of work, and other conditions of labour which are not less favourable than the most advantageous conditions established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations. The Committee hopes that the Government will take the necessary measures to give full effect to the provisions of the Convention. In this regard, it attaches a Practical Guide drawn up by the Office largely on the basis of the conclusions of the abovementioned General Survey. Furthermore, the Committee requests the Government to reply to its previous comment concerning the following points: applicability of clause 11 of Decree No. 3854/1970, the adoption of general administrative clauses of a social nature by the local authorities and the practical application of the Convention (Part V of the report form).

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the General Survey of 2008 on Convention No. 94, to help better understand the requirements of the Convention and ultimately improve its application in law.