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

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

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the Government’s report and the three texts implementing the Labour Code of 2014 sent by the Government, regulating the use of foreign labour, determining protected jobs in the private and related sectors, and setting fees for work permits in the Republic of Guinea. The Government indicates that other texts have been drawn up and will be submitted to the next session of the Labour and Social Legislation Advisory Committee. The Committee notes once again that the Government’s report does not contain any reply to its previous comments, only providing information that the Committee considers unrelated to the content of the Convention and the issue of its scope. It recalls that in ratifying this Convention the State undertakes, among other things, to guarantee that contracts awarded by a public authority involving the employment of workers by the other party to the contract shall include clauses ensuring to the workers concerned conditions of work which are not less favourable than those established for work of the same character in the trade or industry concerned in the same region. The Committee is once again bound to conclude that for the last 40 years no tangible progress has been made in applying the provisions of the Convention either in law or in practice. The Committee therefore expects that the Government will make a sincere effort to maintain a meaningful dialogue with the ILO supervisory bodies and once more urges the Government to take all necessary steps without further delay to bring its national law and practice into conformity with the specific terms and objectives of the Convention.

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