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

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

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:

The Committee notes the information supplied by the Government in its report to the effect that there are no legal or practical difficulties in implementing this Convention. The Committee recalls that States ratifying this Convention undertake, amongst other things, to ensure that contracts awarded by a public authority which involve the employment of workers by the other party to the contract include clauses ensuring for the workers concerned 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 district where the work is carried on (Article 2 of the Convention), and that adequate sanctions are applied for failure to observe and apply such clauses (Article 5).

The Committee also notes that the Government again states that enterprises which are awarded public contracts are subject to the provisions of the Labour Code and of sectoral collective agreements. It recalls that the general application of national labour legislation to workers does not release the Government from its obligation to take the necessary steps to ensure the inclusion and application of labour causes, as required by the Convention. The Committee again expresses the hope that the Government will shortly take the necessary measures to ensure that such clauses are included in all the public contracts provided for in Article 1, paragraph 1(c), and thereby give effect to the Convention, on which the Committee has been commenting for several years.

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