Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Malaysia - Sabah (Ratification: 1964)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government’s report contains very little information on the manner in which the Convention is applied in practice. In the light of the Government’s statement that the number of public contracts is rising in view of the numerous development programmes financed by public funds, the Committee trusts that the Government will make an effort to collect and communicate, in accordance with Article 6 of the Convention and Part V of the report form, all relevant information, including statistical data concerning the number of public contracts awarded during the reporting period, and the approximate number of workers involved in their execution. The Committee would also appreciate receiving copies of the standard form of contract or the model text of labour clauses currently in use. It reiterates its request for concrete information on the proportion of all public contracts falling at present outside the scope of application of the Convention, because of the US$30,000 exemption limit, and further asks the Government to indicate whether it considers lowering this exemption limit in the interest of extending the protection provided for in the Convention to a larger number of workers.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.