Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Suriname (Ratification: 1976)

The Committee notes the explanations provided by the Government in relation to the point previously raised by the Suriname Trade and Industry Association (VSB) as to the applicability of the general labour legislation to workers engaged in the execution of public contracts. The Government states in its report that, what is referred to as "contracting of work" in section 1613 of the Civil Code may be taken to describe the employment relationship between the Government and the public contractor, whereas the relationship between the public contractor and his employees is regulated by a labour contract (contract of employment). Accordingly, the labour legislation is always applicable to workers engaged in the execution of public contracts. The Committee takes note of this information but must again stress that the additional protection afforded by the labour clauses in public contracts cannot normally be ensured through the application of the general labour legislation and therefore the Government is not freed from its obligation to insert labour clauses in all public contracts covered by Article 1 of the Convention.

Article 1, paragraph 1(c)(ii) and (iii). The Committee has been drawing attention for several years to the "General regulations for the execution and maintenance of works under the control of the Department for Constructional Works, Transport and Waterways in Suriname", which provide for the insertion of labour clauses in contracts for public works, requesting the Government to take the necessary steps in order to extend the scope of those regulations to public contracts for the manufacture, assembly, handling or shipment of materials, supplies or equipment as well as to contracts for the performance or supply of services. In its reply to the Committee’s previous direct request, the Government acknowledges that the mere fact of the national legislation being applicable to all workers does not fulfil the basic requirement of the Convention specified in Article 2 of the Convention but states that no measures have as yet been taken to include labour clauses in public contracts other than those for public works. The Committee hopes that the Government will make every effort to take the necessary action in the very near future and asks the Government to keep it informed of any progress achieved in this respect.

Part V of the report form. The Committee notes that for many years the Government has not provided any information on the practical application of the Convention. In this connection, the Committee recalls that under Part V of the report form governments are requested to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number of contracts and workers covered by relevant legislation, etc. This form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of national laws and practice in matters covered by the Convention. The Committee would therefore be grateful if the Government would provide in its next report detailed and up-to-date information on the practical application of the Convention, including copies of public contracts, the model text of the labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the practical fulfilment of the conditions prescribed in the Convention.