Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Netherlands (Ratification: 1952)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the observations made by the Netherlands Trade Union Confederation (FNV) concerning the application of the Convention. The FNV reiterates its view that the national legislation has never specifically implemented the Convention but rather the EU Public Procurement Directive of 2004 which is purely permissive. The FNV adds that the Government has initiated a process of privatization and liberalization of public services and public procurement has become an instrument in the Government’s privatization policy. The FNV also expresses its concern over a new legislative proposal for a Public Procurement Act (TK 2009-2010, 32 440), which was transmitted to the Parliament on 25 June 2010. The Committee invites the Government to transmit any comments it may wish to make in response to the observations of the FNV. It would also appreciate receiving a copy of the Public Procurement Bill referred to above.