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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Mauritius (Ratification: 1969)

The Committee notes the adoption of the Public Procurement Act of 2006, section 62 of which repealed the Central Tender Board Act of 2000. It notes, however, that this new legislation does not contain any provisions relating to the inclusion of labour clauses in public contracts. It also notes the Government’s indications that the provisions of section 14 of the Labour Act would be transferred into the text of the new Public Procurement Act. The Committee recalls, however, that this provision does not ensure the application of the Convention. It states that assignees of public contracts will not receive the payments corresponding to the work performed unless they supply a certificate indicating, among other things, the wages and number of working hours of the various categories of workers employed for the execution of the contract and stating in particular whether remuneration is still due in this context, but without any indication regarding the prescribed level of wages or the authorized number of working hours.

The Committee draws the Government’s attention to the essential obligation imposed by Article 2 of the Convention, namely the inclusion in public contracts to which the Convention applies of clauses – the content of which should be the subject of tripartite consultations – ensuring to the workers concerned wages, hours of work and other conditions of labour which are 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. The Committee recalls that the Labour Clauses in Public Contracts Ordinance of 1964, which was repealed by the Labour Act of 1975, gave full effect to the provisions of the Convention. It notes the information in the Government’s report to the effect that the Public Procurement Act would be amended to take account of the Committee’s comments concerning the labour clauses which formed part of the Ordinance of 1964 referred to above. The Committee asks the Government to adopt without further delay the necessary measures to bring its legislation once again into conformity with the Convention and to keep it informed of all measures taken in this respect.

In addition, the Committee notes the comments made by the Mauritius Employers’ Federation, according to which the labour clauses contained in public contracts conform to the national labour legislation, including the Occupational Safety, Health and Welfare Act. It asks the Government to supply copies of public contracts containing labour clauses of the type mentioned by the Mauritius Employers’ Federation.

Moreover, the Committee notes the Government’s information in its report with regard to the activities of the Central Tender Board. In view of the repeal of the Central Tender Board Act of 2000, the Committee asks the Government to supply up to date information on the functioning of the Central Procurement Board, established by the Public Procurement Act of 2006, and any other useful information on the application of the Convention in practice.

Finally, the Committee draws the Government’s attention to the General Survey which it undertook this year on labour clauses in public contracts, which presents the law and practice of the member States in this area, and also an evaluation of the impact and current relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]