Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las cláusulas de trabajo (contratos celebrados por las autoridades públicas), 1949 (núm. 94) - Guyana (Ratificación : 1966)

Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. In its previous comment, the Committee noted that the Guyana Legal & Policy Framework for Public Procurement and Regulations made under the Procurement Act 2003 did not contain any reference to the insertion into public contracts of the labour clauses required by the Convention. The Committee urged the Government to take the opportunity presented by legislative reforms undertaken by the Public Procurement Commission (PPC) (a constitutional body tasked with monitoring public procurement) to bring its national legislation into full conformity with the provisions of the Convention. In a succinct report submitted in September 2023, the Government stresses that the PPC expired in October 2019, while there was a “Caretaker Government”, and that the new parliament approved the members of a new PPC in July 2022. The Government further indicates that it will bring the Committee’s request to bring Guyanese law into full conformity with the Convention to the attention of the relevant bodies in the country, such as the Attorney General’s Chambers. The Committee therefore reiterates its request andurges the Government to bring its national legislation into full conformity with the provisions of the Convention, particularly with respect to: the determination of the terms of the labour clauses to be included in public contracts to which the Convention applies, after consultation with the organizations of employers and workers concerned (Article 2(3)); the dissemination of those clauses, by advertising specifications or otherwise, so that tenderers are aware of the terms of the clauses (Article 2(4)); the posting of notices in conspicuous places to ensure that the workers concerned are informed of the conditions of work applicable to them (Article 4(a)(iii)); and the establishment and implementation of a system of inspection and adequate sanctions, by the withholding of contracts or of payments due, for failure to apply the provisions of labour clauses (Article 5). The Committee trusts that the Government will take the necessary measures as soon as possible to bring the legislation into full conformity with the Convention and asks the Government to keep the Office informed of progress made in this regard. The Committee recalls that the Government can avail itself of the technical assistance of the ILO, should it wish to do so.