Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 6 of the Convention and Part V of the report form. Implementing legislation and information on practical application. The Committee notes that the Government’s report essentially reproduces information submitted earlier and contains no reply to the Committee’s last direct request. The Committee accordingly asks the Government to clarify whether following the repeal of section 121 of the Labour Ordinance (Sabah, Cap. 67), the Labour (Public Contracts) Rules 1951, which used to give effect to the requirements of the Convention, are still in force covering public works, the manufacturing of materials and the provision of services. The Committee would also appreciate receiving information regarding the points raised in its previous comment, in particular the possible lowering of the current exemption limit of US$30,000, and up to date information on the practical application of the Convention including, for instance, standard bidding or contract documents and model labour clauses, available statistics on the number of public contracts awarded each year and the approximate number of workers employed in their execution, labour inspection results showing the number and nature of contraventions of the relevant legislation and sanctions imposed, etc.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the General Survey of 2008 on Convention No. 94, to help better understand the requirements of the Convention and ultimately improve its application in law.