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Repetition The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete examination of the new legislation. Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that the Government’s last report contained no reply to its previous comments, but essentially reproduced information already submitted in earlier reports which the Committee had considered to be strictly irrelevant to the scope and content of the Convention. The Committee is once again led to conclude that for the last 40 years there has been practically no progress in implementing the provisions of the Convention in either law or practice. Under the circumstances, the Committee hopes 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 measures without further delay in order to bring its national law and practice into conformity with the clear terms and objectives of the Convention.
Repetition The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete examination of the new legislation.Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that the Government’s last report contained no reply to its previous comments, but essentially reproduced information already submitted in earlier reports which the Committee had considered to be strictly irrelevant to the scope and content of the Convention. The Committee is once again led to conclude that for the last 40 years there has been practically no progress in implementing the provisions of the Convention in either law or practice. Under the circumstances, the Committee hopes 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 measures without further delay in order to bring its national law and practice into conformity with the clear terms and objectives of the Convention.
Repetition Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that the Government’s last report contained no reply to its previous comments, but essentially reproduced information already submitted in earlier reports which the Committee had considered to be strictly irrelevant to the scope and content of the Convention. The Committee is once again led to conclude that for the last 40 years there has been practically no progress in implementing the provisions of the Convention in either law or practice. The Committee expresses its deep disappointment about the Government’s continued failure to apply the Convention despite the technical assistance provided by the Office in 1981 and the numerous commitments made by the Government ever since as regards the drafting and adoption of specific regulations or legislation concerning public contracts. Under the circumstances, the Committee hopes 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 measures without further delay in order to bring its national law and practice into conformity with the clear terms and objectives of the Convention.
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:
Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government’s last report contained no reply to its previous comments, but essentially reproduced information already submitted in earlier reports which the Committee had considered to be strictly irrelevant to the scope and content of the Convention. The Committee is once again led to conclude that for the last 40 years there has been practically no progress in implementing the provisions of the Convention in either law or practice. The Committee expresses its deep disappointment about the Government’s continued failure to apply the Convention despite the technical assistance provided by the Office in 1981 and the numerous commitments made by the Government ever since as regards the drafting and adoption of specific regulations or legislation concerning public contracts. Under the circumstances, the Committee hopes 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 measures without further delay in order to bring its national law and practice into conformity with the clear terms and objectives of the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government’s last report contained no reply to its previous comments but essentially reproduced information already submitted in earlier reports which the Committee had considered to be strictly irrelevant to the scope and content of the Convention. The Committee is once again led to conclude that for the last 40 years there has been practically no progress in implementing the provisions of the Convention in either law or practice. The Committee expresses its deep disappointment about the Government’s continued failure to apply the Convention despite the technical assistance provided by the Office in 1981 and the numerous commitments made by the Government, ever since, as regards the drafting and adoption of specific regulations or legislation concerning public contracts. Under the circumstances, the Committee hopes 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 measures without further delay in order to bring its national law and practice into conformity with the clear terms and objectives of the Convention.
Finally, the Committee refers once again to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94. It also refers to the Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee regrets that the Government’s report of 2006 contained no reply to its previous comments but essentially reproduced information already submitted in earlier reports which the Committee had considered to be strictly irrelevant to the scope and content of the Convention. The Committee is once again led to conclude that for the last 40 years there has been practically no progress in implementing the provisions of the Convention in either law or practice. The Committee expresses its deep disappointment about the Government’s continued failure to apply the Convention despite the technical assistance provided by the Office in 1981 and the numerous commitments made by the Government, ever since, as regards the drafting and adoption of specific regulations or legislation concerning public contracts. Under the circumstances, the Committee hopes 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 measures without further delay in order to bring its national law and practice into conformity with the clear terms and objectives of the Convention.
Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.
For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.
The Committee notes with regret that the Government’s report contains no reply to its previous comments but essentially reproduces information already submitted in earlier reports which the Committee has considered to be strictly irrelevant to the scope and content of the Convention. The Committee is once again led to conclude that for the last 40 years there has been practically no progress in implementing the provisions of the Convention in either law or practice. The Committee expresses its deep disappointment about the Government’s continued failure to apply the Convention despite the technical assistance provided by the Office in 1981 and the numerous commitments made by the Government, ever since, as regards the drafting and adoption of specific regulations or legislation concerning public contracts. Under the circumstances, the Committee hopes 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 measures without further delay in order to bring its national law and practice into conformity with the clear terms and objectives of the Convention.
[The Government is asked to report in detail in 2007.]
The Committee has been commenting for several years on the absence of specific legislation or regulations concerning public contracts. It has also been pointing out that the mere application of the general labour legislation to public procurement contracts does not produce the same legal effects as the insertion of labour clauses expressly required under the terms of the Convention. The Convention seeks to ensure that the workers engaged in the execution of public contracts enjoy labour conditions at least as favourable as those applicable to workers performing similar work in the same area. It may not be sufficient therefore to refer to legislation that only provides for minimum standards, if more favourable conditions are established by collective agreements, other recognized machinery of negotiation or arbitration. The underlying reason is that in making a contractual commitment for the expenditure of public funds, the State should act as a model employer and therefore should not apply conditions that are less favourable than the most favourable practised in the area and the sector concerned.
The Committee regrets that despite its previous detailed observations and the direct contacts mission undertaken by the International Labour Office in 1981, the conditions for applying the Convention are still not fulfilled. In order to assist ratifying States in devising measures to comply with the Convention, the Office has also drafted an explanatory note outlining the legislative amendments which may be needed to ensure the inclusion and application of labour clauses.
While recalling the Government’s earlier assurances that it plans to examine the existing provisions concerning public contracts and to draft measures to comply with the Convention, the Committee urges the Government to take appropriate action and to include in its next report full details on the steps effectively taken to this end.
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 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 notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which reads as follows:
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 year.
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.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee recalls there are no specific regulations or legislation concerning public contracts. It further notes the information contained in the report to the effect that there is an increase in the number of public contracts, which makes legislation applying the Convention increasingly necessary. The Government also indicates that the establishment of a specialised office may imply that such regulations and legislation could be implemented in the near future. In this connection, the Committee recalls that under Article 2 of the Convention read in conjunction with Article 1(1)(c), public contracts concluded between the Government and private enterprises shall include clauses ensuring to the workers concerned under these contracts, wages and conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned. The Committee therefore hopes that the necessary steps will be taken in the near future to ensure the inclusion of these clauses in all public contracts, and consequently to give effect to the Convention.
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