Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Curaçao

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Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee expressed its regret that over the past 20 years the Government has not implemented the Convention, despite the Committee’s repeated requests that it take action without delay to give effect to the basic requirements of the Convention. In its response, the Government indicates that the procedures to be followed in relation to public contracts will be published in a national decree to be formulated by the Directorate of Finance. It further notes that the Directorate of Finance, together with the Ministry of Social Development, Labour and Welfare, will ensure that the relevant procedural rules will be in force by 2020. In this respect, the Government indicates that administrative procedures on financial obligations, including rules regarding public tender, will be supervised by the Directorate of Finance. The Committee once again recalls that the core requirements of the Convention include: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions 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; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. Noting that the Government has not provided information with respect to the implementation of any measures taken to give concrete effect to the main requirements of the Convention, namely the insertion of labour clauses in public contracts required under Article 2 of the Convention, the Committee once again urges the Government to take all necessary measures to ensure the full application of the Convention and to keep the Office informed of any progress in this regard. The Committee also requests the Government to supply a copy of the new national decree establishing measures concerning procedures for the award of public contracts once it has been adopted.

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Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee noted with regret that over the past 20 years the Government has not given effect to the Convention in law or practice, despite the Committee’s requests that it take action without delay to give effect to the basic requirements of the Convention. The Committee notes the Government’s response informing of the adoption of the National Ordinance of 18 December 2015 (P.B. 2015, No. 79) regulating the financial administration of Curaçao. The Government adds that article 11(a) of the Ordinance stipulates that the procedures to be followed in granting public contracts will be published in a national decree to be formulated by the Directorate of finance and that it will inform the Committee of progress in this regard. The Committee notes that article 11(a) provides that the rules to be established by national decree concern general rules of procedure for public contracting. Once again, the Committee notes that measures need to be taken without delay to give effect to the core requirements of the Convention, which include: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions 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; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. The Committee urges the Government to take all necessary measures to ensure the full application of the Convention and to keep the Office informed of any progress in this regard. The Committee also requests the Government to supply a copy of the new national decree establishing measures concerning procedures for the award of public contracts once it has been adopted.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the Government’s indication that no changes have occurred during the reporting period which implies that no progress has been made with regard to the legislative implementation of the Convention. The Committee notes with regret that the Convention is still not given effect in either law or practice despite the Government’s numerous statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts are under preparation. The Committee understands that in the last two years, due to the preparations for the dismantling of the Netherlands Antilles, all efforts were put in the finalization of the constitutional process.

Notwithstanding the ongoing reorganization of the government structure, however, prompt steps need to be taken to give effect to the basic requirements of the Convention. These requirements include: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions 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; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. The Committee requests the Government to take without further delay all necessary action in order to give full effect to the Convention and to keep the Office informed of any progress made in this regard.

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Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the Government’s indication that no changes have occurred during the reporting period which implies that no progress has been made with regard to the legislative implementation of the Convention. The Committee notes with regret that the Convention is still not given effect in either law or practice despite the Government’s numerous statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts are under preparation. The Committee understands that in the last two years, due to the preparations for the dismantling of the Netherlands Antilles, all efforts were put in the finalization of the constitutional process.

Notwithstanding the ongoing reorganization of the government structure, however, prompt steps need to be taken to give effect to the basic requirements of the Convention. These requirements include: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions 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; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. The Committee requests the Government to take without further delay all necessary action in order to give full effect to the Convention and to keep the Office informed of any progress made in this regard.