Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Ghana (Ratification: 1961)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1 and 2 of the Convention. Scope and purpose of the Convention. The Committee recalls that, in its previous comments, it noted that, pursuant to Public Procurement (Amendment) Act, 2016 (Act 914) (2016 PPA), amending Part Two of the Public Procurement Act, 2003 (Act 663) on procurement structures, the minister responsible for finance may declare an entity, a subsidiary, an agency or a natural person to be a procurement entity if the public procurement procedures are deemed unsuitable due to the strategic nature of the procurement. It also noted that such entity is legally and financially autonomous and operates under commercial law (section 15(2)(a) of 2016 PPA). In the absence of the Government’s information on this point, the Committee recalls that the Convention relates exclusively to public contracts (i.e., contracts concluded by a Government department, agency or institution which involve the employment of workers by the other party to the contract and provide for the construction of public works, the manufacture of equipment or the supply of services) and requires the insertion of a clause expressly guaranteeing that any worker employed by a contractor under these contracts will be entitled to wages, hours of work and other conditions of labour which are not less favourable than those established locally by either law, arbitration or collective agreement. The Committee asks the Government to indicate whether the contracts concluded by procurement entities referenced in section 15(1) of the 2016 Public Procurement Act (2016 PPA) qualify as public procurement contracts in terms of Article 1(1) of the Convention

Application in practice.The Committee once again requests the Government to provide copies of public contracts in which labour clauses have been inserted in conformity with the requirements of the standardized tender documents, as referenced in section 50(1) and the Sixth Schedule of the 2016 Public Procurement Act (2016 PPA). In addition, it requests the Government to provide extracts from inspection reports showing the number and nature of violations and the sanctions imposed, and any other information which would enable the Committee to assess more fully the manner in which the Convention is applied in practice.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1 and 2 of the Convention. Scope and purpose of the Convention. In its report, the Government indicates that it has taken measures to bring its national legislation into conformity with the requirements of the Convention. It reports that standardized tender documents (STD), referenced in section 50(1) and the Sixth Schedule of Public Procurement Act (PPA) 2003 (Act 663), amended in 2016, now incorporate the clauses contained in Article 2 of the Convention. The Committee notes with interest that, pursuant to section V(6) of STD, a contractor is obliged to observe labour clauses on wages, working hours and other conditions of labour, and comply with labour laws applicable to the workers concerned. It notes, in particular, that wages and labour conditions shall not be lower than those established for the trade or industry where the work is carried out. In addition, the Committee notes that, in response to its previous comments requesting information on the measures taken to ensure that bidders in public procurement processes are effectively made aware of the terms of the required clauses, the Government refers to a general requirement for advertisement of all bids and labour clauses. In this regard, the Government points out that, pursuant to section 47 of PPA 2003, amended in 2016, requests for tenders shall be published in the Public Procurement Bulletin and on the Public Procurement Authority website. The new Public Procurement Regulations (L.I. 2466), which entered into force on 5 December 2022, require that an invitation to tender and an invitation to prequalify is in accordance with standard tender and prequalification documents. The Government also indicates that the Public Procurement Authority oversees the procurement processes and provides guidance to procuring entities on all terms of the clauses, while public entities organize pre-tender meetings in order to ensure that persons tendering for contracts understand the required clauses in the contract.

While duly noting the above information, the Committee draws the Government’s attention to the fact that the Convention requires that working conditions ensured by labour clauses in public contracts to which the Convention is applicable should not be less favourable than the conditions fixed by way of either collective agreements, arbitration awards, or national legislation, given that, in many cases, minimum standards set by national legislation regarding wages and conditions of work may be exceeded by collective agreements or otherwise. Indeed, the purpose of the Convention is to ensure that workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality and normally established for the type of work concerned, whether established by collective agreement or otherwise, where the work is carried out. This has the effect of setting the best standards already established in the locality as minimum conditions for public contracts. The additional aim is that local standards higher than those established by law (which in practice means the most advantageous labour conditions) should be applied, where they exist. With regard to the Government’s renewed indication that only individuals or firms that obtain labour clearance certificates are qualified to bid on public contracts, the Committee recalls that the essential purpose of inserting labour clauses in public contracts goes beyond the objectives of mere certification, as its purpose is to eliminate the negative effects of competitive bidding on workers’ labour conditions. In light of the above considerations, the Committee requests the Government: (i) to indicate the manner in which public contracts to which the Convention is applicable guarantee the most favourable working conditions existing in the same industry and district, considering that the Convention refers to three potential sources, that is collective agreements, arbitration awards, or national laws or regulations; (ii) to provide information onwhether the employers’ and workers’ organizations concerned have been consulted on the terms of the labour clauses prior to their inclusion in the standardized tender documents, as required by Article 2(3) of the Convention; and (iii) to confirm that the labour clauses provided for in the standard tender documents are included in the requests for tenders to be published in the Public Procurement Bulletin and on the Public Procurement Authority (PPA) website.

The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 1 and 2 of the Convention. Scope and purpose of the Convention. The Committee notes the Government’s reference in its report to the adoption of the Public Procurement (Amendment) Act, 2016 (Act 914) (hereinafter the 2016 PPA), amending Part Two of the Public Procurement Act, 2003 (Act 663) on procurement structures. The Committee notes that the amendments added the requirement that procurement shall use the appropriate standard tender documents stipulated in the Sixth Schedule, with the minimum changes acceptable to the Procurement Board (section 50(1) of the 2016 PPA). There is no mention of the labour clauses required under the Convention, nor does section 59 on the evaluation of tenders contain any such reference. Recalling paragraphs 98 and 99 of its 2008 General Survey on labour clauses in public contracts, the Committee observes that these general references do not meet the core requirement of the Convention under Article 2, which calls for the mandatory insertion of appropriate labour clauses in the public contracts covered by the Convention. Finally, the Committee notes that, according to section 15(1) of the 2016 PPA, the minister responsible for finance may declare an entity, a subsidiary, an agency or a natural person to be a procurement entity, if the public procurement procedures are deemed unsuitable due to the strategic nature of the procurement. The Committee further notes that such entity is legally and financially autonomous and operates under commercial law (section 15(2)(a) of the 2016 PPA) at the ministerial, departmental, agency, metropolitan, municipal or district levels (section 19(1) of the 2016 PPA). The Committee therefore once again requests the Government to take all necessary measures to bring its national legislation into conformity with the Convention, and encourages it to avail itself of the technical assistance from the Office, if it so wishes. It is also requested to provide information on the terms of the clauses to be included in the standard tender documents as referred to in section 50 and the Sixth Schedule of the 2016 PPA. The Committee requests the Government to indicate the measures adopted to ensure that bidders in a public procurement process are made aware of the terms of the clauses required. It further requests the Government to provide information on the nature and outcome of consultations held with the social partners prior to amending the Public Procurement Act of 2003.

Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in the country including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Scope and purpose of the Convention. The Committee notes the Government’s report, in which the Government makes renewed reference to the provisions laid down in the Labour Act 2003 regarding occupational safety and health, minimum wage fixing and maximum working hours. It once again notes that these provisions are not strictly relevant to the subject matter of the Convention which deals with labour clauses in public contracts as set out in Article 1 of the Convention, and that they are not sufficient to give effect to Article 2 of the Convention which explicitly requires the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. Furthermore, the Committee had previously noted that the general principles set out in the Labour Act cannot automatically guarantee to the workers concerned labour conditions which are 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. The application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise. Moreover, it had previously noted that the legislation to which the Government refers in most cases lays down minimum standards and does not necessarily reflect the actual working conditions of workers.

With reference to its previous comment concerning labour clearance certificates, which individuals or firms are required to obtain before they are allowed to tender for public contracts, the Committee notes the Government’s indication that it is taking measures to strengthen this procedure. In this respect, the Committee wishes to recall that the essential purpose of the insertion of labour clauses goes beyond the aims of simple certification, as its purpose is to eliminate the negative effects of competitive bidding on the workers’ labour conditions.

Noting that no substantial progress was made to bring national legislation into conformity with the requirements of the Convention, the Committee once again strongly urges the Government to take all necessary measures, if necessary with technical assistance from the Office, to implement the Convention in law and practice and to supply information in this regard.

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 2 of the Convention. Scope and purpose of the Convention. The Committee notes the Government’s report, in which the Government makes renewed reference to the provisions laid down in the Labour Act 2003 regarding occupational safety and health, minimum wage fixing and maximum working hours. It once again notes that these provisions are not strictly relevant to the subject matter of the Convention which deals with labour clauses in public contracts as set out in Article 1 of the Convention, and that they are not sufficient to give effect to Article 2 of the Convention which explicitly requires the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. Furthermore, the Committee had previously noted that the general principles set out in the Labour Act cannot automatically guarantee to the workers concerned labour conditions which are 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. The application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise. Moreover, it had previously noted that the legislation to which the Government refers in most cases lays down minimum standards and does not necessarily reflect the actual working conditions of workers.

With reference to its previous comment concerning labour clearance certificates, which individuals or firms are required to obtain before they are allowed to tender for public contracts, the Committee notes the Government’s indication that it is taking measures to strengthen this procedure. In this respect, the Committee wishes to recall that the essential purpose of the insertion of labour clauses goes beyond the aims of simple certification, as its purpose is to eliminate the negative effects of competitive bidding on the workers’ labour conditions.

Noting that no substantial progress was made to bring national legislation into conformity with the requirements of the Convention, the Committee once again strongly urges the Government to take all necessary measures, if necessary with technical assistance from the Office, to implement the Convention in law and practice and to supply information in this regard.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

The Committee recalls that it has been commenting on the application of the Convention since its ratification by Ghana and notes that the Government is still unable to indicate any real progress in bringing its national legislation into conformity with the requirements of the Convention. The Government makes renewed reference to section 118 of the Labour Act 2003 even though the Committee has already noted that this provision is not strictly relevant to the subject matter of the Convention and does not give effect to Article 2 of the Convention which explicitly requires the insertion of labour clauses in those public procurement contracts meeting the conditions specified in Article 1 of the Convention. In fact, the general principles set out in the Labour Act regarding minimum wage fixing, maximum working hours or occupational safety and health cannot automatically guarantee to the workers concerned labour conditions which are not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation.

As the Committee has stated on a number of occasions, the legislation to which the Government refers in most cases lays down minimum standards, for instance as regards wage levels, and does not necessarily reflect the actual working conditions of workers. Thus, if the legislation lays down a minimum wage but workers in a particular profession are actually receiving higher wages, the Convention would require that any workers engaged in the execution of a public contract be entitled to receive the wage that is generally paid rather than the minimum wage prescribed in the legislation. In other terms, the application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise.

Moreover, the Government refers once more to the fact that individuals or firms are required to obtain labour clearance certificates before they are allowed to tender for public contracts. In this regard, the Committee is bound to recall that the essential purpose of the insertion of labour clauses in public contracts goes beyond the aims of simple certification, as its purpose is to eliminate the negative effects of competitive bidding on the workers’ labour conditions. The Convention seeks to ensure the contractor’s commitment to apply high standards of social responsibility in the execution of a public contract which is in the process of being awarded and therefore a mere indication that the contractor concerned has no record of labour law violation in previously completed works is not sufficient to meet its requirements. As regards the adoption of the Public Procurement Act 2003, the Committee asks the Government to specify the provisions referring to the labour clearance certificate and also forward a copy of the standard tender document used for this purpose.

In the interest of maintaining a constructive dialogue, the Committee therefore requests the Government to indicate in its next report any concrete measures taken or contemplated to implement the Convention in law and practice, and recalls in this respect that the inclusion of labour clauses in all the public contracts covered by the Convention does not necessarily call for legislative enactment but may also be effected by means of administrative instructions or circulars.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

The Committee recalls that it has been commenting on the application of the Convention since its ratification by Ghana and notes that the Government is still unable to indicate any real progress in bringing its national legislation into conformity with the requirements of the Convention. The Government makes renewed reference to section 118 of the Labour Act 2003 even though the Committee has already noted that this provision is not strictly relevant to the subject matter of the Convention and does not give effect to Article 2 of the Convention which explicitly requires the insertion of labour clauses in those public procurement contracts meeting the conditions specified in Article 1 of the Convention. In fact, the general principles set out in the Labour Act regarding minimum wage fixing, maximum working hours or occupational safety and health cannot automatically guarantee to the workers concerned labour conditions which are not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation.

As the Committee has stated on a number of occasions, the legislation to which the Government refers in most cases lays down minimum standards, for instance as regards wage levels, and does not necessarily reflect the actual working conditions of workers. Thus, if the legislation lays down a minimum wage but workers in a particular profession are actually receiving higher wages, the Convention would require that any workers engaged in the execution of a public contract be entitled to receive the wage that is generally paid rather than the minimum wage prescribed in the legislation. In other terms, the application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise.

Moreover, the Government refers once more to the fact that individuals or firms are required to obtain labour clearance certificates before they are allowed to tender for public contracts. In this regard, the Committee is bound to recall that the essential purpose of the insertion of labour clauses in public contracts goes beyond the aims of simple certification, as its purpose is to eliminate the negative effects of competitive bidding on the workers’ labour conditions. The Convention seeks to ensure the contractor’s commitment to apply high standards of social responsibility in the execution of a public contract which is in the process of being awarded and therefore a mere indication that the contractor concerned has no record of labour law violation in previously completed works is not sufficient to meet its requirements. As regards the adoption of the Public Procurement Act 2003, the Committee asks the Government to specify the provisions referring to the labour clearance certificate and also forward a copy of the standard tender document used for this purpose.

In the interest of maintaining a constructive dialogue, the Committee therefore requests the Government to indicate in its next report any concrete measures taken or contemplated to implement the Convention in law and practice, and recalls in this respect that the inclusion of labour clauses in all the public contracts covered by the Convention does not necessarily call for legislative enactment but may also be effected by means of administrative instructions or circulars.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee recalls that it has been commenting on the application of the Convention since its ratification by Ghana and regrets that the Government is still unable to indicate any real progress in bringing its national legislation into conformity with the requirements of the Convention. The Government makes renewed reference to section 118 of the Labour Act 2003 even though the Committee has already noted that this provision is not strictly relevant to the subject matter of the Convention and does not give effect to Article 2 of the Convention which explicitly requires the insertion of labour clauses in those public procurement contracts meeting the conditions specified in Article 1 of the Convention. In fact, the general principles set out in the Labour Act regarding minimum wage fixing, maximum working hours or occupational safety and health cannot automatically guarantee to the workers concerned labour conditions which are not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation.

As the Committee has stated on a number of occasions, the legislation to which the Government refers in most cases lays down minimum standards, for instance as regards wage levels, and does not necessarily reflect the actual working conditions of workers. Thus, if the legislation lays down a minimum wage but workers in a particular profession are actually receiving higher wages, the Convention would require that any workers engaged in the execution of a public contract be entitled to receive the wage that is generally paid rather than the minimum wage prescribed in the legislation. In other terms, the application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise.

Moreover, the Government refers once more to the fact that individuals or firms are required to obtain labour clearance certificates before they are allowed to tender for public contracts. In this regard, the Committee is bound to recall that the essential purpose of the insertion of labour clauses in public contracts goes beyond the aims of simple certification, as its purpose is to eliminate the negative effects of competitive bidding on the workers’ labour conditions. The Convention seeks to ensure the contractor’s commitment to apply high standards of social responsibility in the execution of a public contract which is in the process of being awarded and therefore a mere indication that the contractor concerned has no record of labour law violation in previously completed works is not sufficient to meet its requirements. As regards the adoption of the Public Procurement Act 2003, the Committee asks the Government to specify the provisions referring to the labour clearance certificate and also forward a copy of the standard tender document used for this purpose.

In the interest of maintaining a constructive dialogue, the Committee therefore requests the Government to indicate in its next report any concrete measures taken or contemplated to implement the Convention in law and practice, and recalls in this respect that the inclusion of labour clauses in all the public contracts covered by the Convention does not necessarily call for legislative enactment but may also be effected by means of administrative instructions or circulars.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report which essentially reproduces information communicated to the Office before. The Committee recalls that it has been commenting on the application of the Convention since its ratification by Ghana and regrets that the Government is still unable to indicate any real progress in bringing its national legislation into conformity with the requirements of the Convention. The Government makes renewed reference to section 118 of the Labour Act 2003 even though the Committee has already noted that this provision is not strictly relevant to the subject matter of the Convention and does not give effect to Article 2 of the Convention which explicitly requires the insertion of labour clauses in those public procurement contracts meeting the conditions specified in Article 1 of the Convention. In fact, the general principles set out in the Labour Act regarding minimum wage fixing, maximum working hours or occupational safety and health cannot automatically guarantee to the workers concerned labour conditions which are not less favourable than whichever is the most favourable of the three alternatives provided for in the Convention, i.e. collective negotiation, arbitration or legislation.

As the Committee has stated on a number of occasions, the legislation to which the Government refers in most cases lays down minimum standards, for instance as regards wage levels, and does not necessarily reflect the actual working conditions of workers. Thus, if the legislation lays down a minimum wage but workers in a particular profession are actually receiving higher wages, the Convention would require that any workers engaged in the execution of a public contract be entitled to receive the wage that is generally paid rather than the minimum wage prescribed in the legislation. In other terms, the application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise.

Moreover, the Government refers once more to the fact that individuals or firms are required to obtain labour clearance certificates before they are allowed to tender for public contracts. In this regard, the Committee is bound to recall that the essential purpose of the insertion of labour clauses in public contracts goes beyond the aims of simple certification, as its purpose is to eliminate the negative effects of competitive bidding on the workers’ labour conditions. The Convention seeks to ensure the contractor’s commitment to apply high standards of social responsibility in the execution of a public contract which is in the process of being awarded and therefore a mere indication that the contractor concerned has no record of labour law violation in previously completed works is not sufficient to meet its requirements. As regards the adoption of the new Public Procurement Act 2003, the Committee would be grateful if the Government would specify the provisions referring to the labour clearance certificate and also forward a copy of the standard tender document used for this purpose.

In the interest of maintaining a constructive dialogue, the Committee would therefore appreciate if the Government would indicate in its next report any concrete measures taken or contemplated to implement the Convention in law and practice, and recalls in this respect that the inclusion of labour clauses in all the public contracts covered by the Convention does not necessarily call for legislative enactment but may also be effected by means of administrative instructions or circulars.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report, in particular the enactment of the new Labour Act, 2003 (Act 651) which entered into force in March 2004. The Government refers to sections 9 and 13 of the new Labour Act and states that, as agreed by the National Tripartite Committee, these provisions suffice to ensure the application of the Convention since they deal with the obligation of every employer to specify in writing in any contract of employment the rights and duties of the two parties to the employment relationship, including issues relating to remuneration, occupational safety and health and other working conditions. The Committee regrets that despite its persistent comments and the expert advice provided by the Office on several occasions, the Government does not appear to have fully appreciated the basic philosophy and requirements of the Convention.

In fact, the Convention’s main purpose is much more specific than the general obligation of keeping workers informed of the wage particulars and other working conditions under which they are employed. The Convention relates exclusively to public contracts (i.e., contracts concluded by a Government department, agency or institution which involve the employment of workers by the other party to the contract and provide for the construction of public works, the manufacture of equipment or the supply of services) and requires the insertion of a clause expressly guaranteeing that any worker employed by a contractor under these contracts will be entitled to wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established under the collective agreement in force for the sector concerned or applicable to employees engaged in similar work in the same area.

Moreover, the Committee has already stressed that a system of certification according to which only persons obtaining clearance by the Labour Department as regards their compliance with labour legislation are qualified to bid for the award of public contracts, may offer adequate guarantee as to the tenderers’ socially responsible past record but falls short of meeting the requirements of Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts and application of adequate sanctions and measures to ensure the payment of wages).

With a view to assisting the Government in its effort to seize the aims of the Convention and adapt its national legislation accordingly, the Committee attaches herewith a copy of an explanatory note prepared by the International Labour Office to this effect. The note includes also a model text illustrating one of several ways in which legislative conformity with the Convention may be ensured. The Committee asks the Government to take without further delay all the necessary measures in order to apply effectively the Convention in both law and practice.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

Further to its previous observations, the Committee notes with regret that the Government is still unable to report any progress concerning the application of the Convention. The Committee recalls that for the last ten years the Government has been indicating that a tripartite advisory body has been reviewing national labour laws with a view to harmonizing them with ratified Conventions. The Committee can only hope that measures will be taken in the very near future to ensure that labour clauses are included in public contracts and that adequate sanctions are applied in conformity with Articles 2 and 5 of the Convention.

The Committee again strongly suggests that the Government takes the necessary steps without delay to ensure that full effect is given to the provisions of the Convention and suggests that the Government may wish to consider the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the requirements of the Convention.

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

[The Government is asked to report in detail in 2005.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous observations, the Committee notes with regret that the Government is still unable to report any progress concerning the application of the Convention. The Committee recalls that for the last ten years the Government has been indicating that a tripartite advisory body has been reviewing national labour laws with a view to harmonizing them with ratified Conventions. The Committee can only hope that measures will be taken in the very near future to ensure that labour clauses are included in public contracts and that adequate sanctions are applied in conformity with Articles 2 and 5 of the Convention.

The Committee again strongly suggests that the Government takes the necessary steps without delay to ensure that full effect is given to the provisions of the Convention and suggests that the Government may wish to consider the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the requirements of the Convention.

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

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its previous observations, the Committee notes with regret that the Government is still unable to report any progress concerning the application of the Convention. The Committee recalls that for the last ten years the Government has been indicating that a tripartite advisory body has been reviewing national labour laws with a view to harmonizing them with ratified Conventions. The Committee can only hope that measures will be taken in the very near future to ensure that labour clauses are included in public contracts and that adequate sanctions are applied in conformity with Articles 2 and 5 of the Convention.

The Committee again strongly suggests that the Government takes the necessary steps without delay to ensure that full effect is given to the provisions of the Convention and suggests that the Government may wish to consider the possibility of requesting ILO assistance to review the rules on public contracts in order to bring them into conformity with the requirements of the Convention.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee has been commenting on the need to bring the national legislation into conformity with Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts, and application of adequate sanctions and measures to ensure the payment of wages). The Committee noted in its previous observation that the Government had referred the matter to the tripartite National Advisory Committee on Labour for discussion with a view to bringing the national legislation into conformity with the Convention. It notes the Government again mentions the examination by this body of the relationship between the national labour laws and the ratified Conventions for their harmonization. Recalling that the Government has been referring to its intention of changing legislation since 1991, the Committee can only express the hope that progress will be accomplished in the very near future. It suggests that the Government consider consulting the International Labour Office on necessary steps to apply the Convention in this respect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which is as follows:

The Committee noted the specimen of a certificate which a company tendering for a public contract must obtain as a prerequisite for the award of such contract. It certifies that the tenderer has duly informed itself from the Labour Department about all requirements and regulations affecting workmen in the country, and has no record of labour law violation, particularly as regards payment of wages, workmen's compensation and hours of work. The Committee points out, however, that the essential purpose of the insertion of labour clauses in public contracts under the Convention goes beyond the aims of the certificate system; its purpose is to eliminate the negative effects of competitive tendering on the workers' labour conditions. The Committee noted in this regard that the Government referred to the discussion of the matter by the tripartite National Advisory Committee on Labour with a view to bringing the national legislation into conformity with Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts, and application of adequate sanctions and measures to ensure the payment of wages). Recalling that the Government has been referring to its intention of changing legislation since 1991, the Committee hopes that progress will be reported in the very near future. It suggests that the Government consider consulting the International Labour Office on necessary steps to apply the Convention in this respect.

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

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee has noted the Government's report. It has also taken note of the specimen of a certificate which a company tendering for a public contract must obtain as a prerequisite for the award of such contract. It certifies that the tenderer has duly informed itself from the Labour Department about all requirements and regulations affecting workmen in the country, and has no record of labour law violation, particularly as regards payment of wages, workmen's compensation and hours of work. The Committee points out, however, that the essential purpose of the insertion of labour clauses in public contracts under the Convention goes beyond the aims of the certificate system; its purpose is to eliminate the negative effects of competitive tendering on the workers' labour conditions.

The Committee notes in this regard that the Government refers to the discussion of the matter by the tripartite National Advisory Committee on Labour with a view to bringing the national legislation into conformity with Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts, and application of adequate sanctions and measures to ensure the payment of wages). Recalling that the Government has been referring to its intention of changing legislation since 1991, the Committee hopes that progress will be reported in the very near future. It suggests that the Government consider consulting the International Labour Office on necessary steps to apply the Convention in this respect.

[The Government is asked to report in detail in 1998.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

In its previous comments, the Committee noted the Government's earlier statement that the comments of the Committee had been noted and that the issue had been placed before the National Advisory Committee on Labour with the view of bringing the national legislation into conformity with Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts, and application of adequate sanctions and measures to ensure the payment of wages). It hopes that progress will be reported in the very near future. Meanwhile, the Committee noted the Government's indication in its report received on 18 December 1990 that no tender will be considered if it is not accompanied by a statement obtained from the Labour Department certifying the tenderer's compliance with rules, regulations and laws on remuneration and conditions of employment. The Committee requests the Government to supply further information on the manner in which the conditions of employment (including wage rates and hours of work) the tenderers are thus required to comply with are established, and a copy of such certificate.

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

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

Further to its previous comments, the Committee notes the Government's statement in its report that the comments of the Committee have been noted and that the issue has been placed before the National Advisory Committee on Labour with the view of bringing the national legislation into conformity with Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts, and application of adequate sanctions and measures to ensure the payment of wages). It hopes that progress will be reported in the very near future.

Meanwhile, the Committee notes the Government's indication in its report received on 18 December 1990 that no tender will be considered if it is not accompanied by a statement obtained from the Labour Department certifying the tenderer's compliance with rules, regulations and laws on remuneration and conditions of employment. The Committee requests the Government to supply further information on the manner in which the conditions of employment (including wage rates and hours of work) the tenderers are thus required to comply with are established, and a copy of such certificate.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes from the Government's report that the Committee's previous comments had been noted and will be discussed by the National Advisory Committee on Labour in due course. It recalls that measures to apply the Convention have been requested since the Convention's ratification, and that the previous report referred to the Government's intention to take into account the Committee's comments in codifying the national legislation in a two-year programme starting from January 1983. In these circumstances, the Committee can only raise the question once again, trusting that measures will be taken in the very near future to bring the legislation into conformity with the Convention with regard to the following points: Article 2 of the Convention. The Committee hopes that the Government will take measures to include labour clauses in public contracts ensuring to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade, industry or area concerned. The Committee trusts that the employers' and workers' organisations concerned will be consulted on terms of clauses. Article 5. The Committee hopes that effect will also be given to the provisions of this Article (application of adequate sanctions and measures to enable the workers concerned to obtain the wages to which they are entitled).

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

Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes from the Government's report that the Committee's previous comments had been noted and will be discussed by the National Advisory Committee on Labour in due course. It recalls that measures to apply the Convention have been requested since the Convention's ratification, and that the previous report referred to the Government's intention to take into account the Committee's comments in codifying the national legislation in a two-year programme starting from January 1983. In these circumstances, the Committee can only raise the question once again, trusting that measures will be taken in the very near future to bring the legislation into conformity with the Convention with regard to the following points:

Article 2 of the Convention. The Committee hopes that the Government will take measures to include labour clauses in public contracts ensuring to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade, industry or area concerned. The Committee trusts that the employers' and workers' organisations concerned will be consulted on terms of clauses.

Article 5. The Committee hopes that effect will also be given to the provisions of this Article (application of adequate sanctions and measures to enable the workers concerned to obtain the wages to which they are entitled).