Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Curaçao

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee expressed its regret that over the past 20 years the Government has not implemented the Convention, despite the Committee’s repeated requests that it take action without delay to give effect to the basic requirements of the Convention. In its response, the Government indicates that the procedures to be followed in relation to public contracts will be published in a national decree to be formulated by the Directorate of Finance. It further notes that the Directorate of Finance, together with the Ministry of Social Development, Labour and Welfare, will ensure that the relevant procedural rules will be in force by 2020. In this respect, the Government indicates that administrative procedures on financial obligations, including rules regarding public tender, will be supervised by the Directorate of Finance. The Committee once again recalls that the core requirements of the Convention include: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. Noting that the Government has not provided information with respect to the implementation of any measures taken to give concrete effect to the main requirements of the Convention, namely the insertion of labour clauses in public contracts required under Article 2 of the Convention, the Committee once again urges the Government to take all necessary measures to ensure the full application of the Convention and to keep the Office informed of any progress in this regard. The Committee also requests the Government to supply a copy of the new national decree establishing measures concerning procedures for the award of public contracts once it has been adopted.