Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Israël (Ratification: 1953)

Article 2 of the Convention. Inclusion of labour clauses and practical application of the Convention in practice. The Committee notes the information provided by the Government in its report regarding measures taken to implement the Convention. It recalls that, in its previous and current reports, the Government has referred to the Public Bodies Transaction Law, 1976, the Mandatory Tenders Law, 1992, the Mandatory Tenders Regulations, 1993, and the Financial and Economic Regulations (Takam) as legislation implementing the requirements of the Convention. The Government indicates that these regulations establish strict conditions to ensure that the minimum core requirements of the Convention are met. The Government also refers to additional measures being taken for the protection of workers employed under public contracts, including the development of regulations under the new Law for Increased Enforcement of Labour Laws, as well as pricing regulations (components of wage pricing per hour) and wage inspector regulations. The Government indicates that these regulations are being developed together with the social partners. The Committee recalls its previous comments that the public procurement legislation referenced by the Government applies the basic requirements of the Convention only partially. It is once again compelled to note that the Convention applies to all public contracts involving the expenditure of funds by a public authority and the employment of workers by the other party to the contract, and includes contracts for construction, manufacture of goods, or supply of services. Moreover, the Convention calls for bidders to be informed in advance by means of standard labour clauses included in tender documents that, if selected, they would be required to apply, under the contract, wages and working conditions (including working hours) not less favourable than the highest minimum standards established locally by law, arbitration or collective agreement, particularly given that in many cases minimum standards set by national legislation regarding wages and conditions of work may be exceeded under collective agreements. The Committee therefore reiterates its request that the Government take all appropriate legislative or other measures to ensure that the core requirements of Article 2 of the Convention are fully implemented in all public procurement activities covered by this Convention. It also invites the Government to provide information regarding the development and adoption of the regulations referenced in its report. The Committee once again requests the Government to provide all available information on the practical application of the Convention, including statistical information on the number and nature of public contracts established by different public entities, samples of public contracts or standard contract forms, extracts from reports of the inspection services showing the number and nature of any infringements observed and sanctions imposed, and information, including copies of official publications or studies on matters relevant to the Convention, such as reports of the activities of the Industrial Cooperation Authority (ICA), the enforcement agency under the public procurement legislation.