Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Sint Maarten

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that, following the dissolution of the Netherlands Antilles, all labour legislation previously forming part of the national legislation of the Netherlands Antilles continues to apply, and that no new legislation has been adopted and no amendments have been made to any of the existing legislation.

In this connection, the Committee recalls its earlier comments made with respect to the Netherlands Antilles that the Convention is still not given effect in either law or practice despite the Government’s repeated statements over the past 20 years that draft directives concerning the insertion of labour clauses in government contracts were under preparation. The Committee therefore considers that prompt steps need to be taken to give effect to the basic requirements of the Convention, namely: (i) the insertion in all public contracts falling within the scope of Article 1 of the Convention of labour clauses – drafted after consultation with employers’ and workers’ organizations – ensuring to the workers concerned wages and other working conditions 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; (ii) the notification of the terms of the labour clauses, by advertising specifications or otherwise; (iii) the posting of notices in conspicuous places at the workplaces with a view to informing the workers of their conditions of work; and (iv) the effective enforcement through a system of inspection and adequate sanctions, including the withholding of contracts and the withholding of payments for failure to observe and apply the provisions of labour clauses. The Committee accordingly requests the Government to take all necessary action in order to give full effect to the Convention and to provide detailed information in future reports on any progress made in this regard.