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

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

The Committee notes the Government's statement in its report that the State is not directly involved in the contracts between the enterprises which are awarded public contracts by the State and their workers. The Committee recalls that by ratifying this Convention, the State undertakes among others to ensure that the contracts awarded by a public authority involving the employment of workers by the other party, contain clauses guaranteeing to the workers concerned conditions of labour which are not less favourable than those established for work of the same character in the enterprises of the trade or industry concerned in the same district (Article 2 of the Convention) and that adequate sanctions will be applied for failure to observe and apply these clauses (Article 5).

The Committee also notes that the private enterprises which are awarded public contracts are obliged to comply with the legislative provisions such as the Labour Code in relation to the workers employed by them. It recalls that the application in general of the national labour legislation to the workers does not release the Government from the obligation to take the necessary measures to ensure the inclusion and application of labour clauses as required under the Convention. The Committee again hopes that the Government will take the necessary measures in the near future to ensure the inclusion of such clauses in all public contracts covered by Article 1, paragraph 1(c), and consequently to give effect to the Convention.