Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Grenade (Ratification: 1979)

Article 2(2) of the Convention. Determination of working conditions. In its previous comments, the Committee requested the Government to bring section 2 of the Schedule (Public Contracts) of the Employment Act 1999 into full conformity with Article 2(2) of the Convention. The Committee noted that section 2 refers to “established rates and conditions in other districts” but fails to specify how these rates are established (i.e., by collective agreement, arbitration award, or law), which is a requirement of the Convention. In its response, the Government indicates that the Employment Act 1999 and the Labour Relations Act 1999 remain in force, with a revised Employment Act pending adoption. Section 31 of the Employment Act requires labour clauses to be included in all public contracts. The Government asserts that compliance is ensured through section 3 of the Schedule, which allows the Labour Commissioner to determine “fair and reasonable” conditions after consultation where no established rates exist.

The Committee observes that while section 1 of the Schedule (conditions in the same district) and section 3 (determination by the Labour Commissioner) appear consistent with Article 2(1) and 2(2)(b) of the Convention respectively, section 2 of the Schedule remains problematic. Specifically, Article 2(2)(a) of the Convention covers situations where conditions are not regulated in the district where the work is carried out. In such cases, the labour clauses must ensure conditions not less favourable than those established by collective agreement, arbitration award, or national law “in the nearest appropriate district”. Section 2 of the Schedule to the Employment Act, however, refers vaguely to “established rates” without requiring that they stem from the formal sources (collective agreements, awards, or laws) mandated by the Convention. This omission risks allowing lower standards to apply. The Committee therefore requests the Government to take the necessary measures to amend section 2 of the Schedule to the Employment Act, 1999, to expressly specify that the reference rates and conditions in other districts must be those established by collective agreement, arbitration award, or national legislation, as required by Article 2(2)(a) of the Convention. Alternatively, the Government may consider removing section 2 if it is redundant. The Committee requests the Government to keep the Office informed of any progress made in this regard and to forward a copy of the revised Employment Act once it has been adopted.

Article 3. Health and safety. In its report, the Government indicates that section 4 of the Schedule to the Employment Act ensures fair and reasonable conditions of health, safety, and welfare. It requires contractors to certify that working conditions are fair and reasonable. The Government also refers to a draft Occupational Safety and Health Bill which remains under review. Recalling that Article 3 requires the competent authority to take adequate measures to ensure fair and reasonable conditions of health, safety and welfare where these are not already applicable, the Committee hopes that the Government will soon adopt the Occupational Safety and Health Bill. It requests the Government to transmit a copy of the text once it has been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to provide sample copies of public contracts containing the labour clauses required by section 31 of the Employment Act 1999. In addition, it requests the Government to provide extracts from inspection reports showing the number and nature of violations detected and the sanctions imposed, to enable the Committee to assess the practical application of the Convention.