Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - United Republic of Tanzania (Ratification: 1962)

Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the adoption of the new Public Procurement Act, 2011 which repeals the Public Procurement Act, 2004. The Committee observes, however, that the new Act does not contain any provisions dealing with labour conditions applicable to persons engaged in the execution of public contracts. In its latest report, the Government explains that employment standards provided for under the Employment and Labour Relations Act and the minimum wage rates specified in the Wage Order No. 196 of 2013 are applicable to all employees including those employed for the execution of public contracts.

In this connection, the Committee recalls paragraph 45 of its General Survey of 2008 on labour clauses in public contracts, in which it pointed out that the mere fact that the general labour legislation is applicable to public contractors does not release the Government from its obligation to draft and include appropriate labour clauses of the type provided for in Article 2(1) of the Convention in all public contracts, whether for construction works, manufacture of goods or supply of services. This is because the general labour legislation only establishes minimum standards, which are often improved by means of collective bargaining or arbitration awards. If this is the case, under the Convention, the workers concerned must enjoy working conditions which are at least aligned to the most advantageous conditions set through collective agreement or arbitral award. The terms of the labour clauses must be determined after consultation with the employers’ and workers’ organizations concerned (Article 2(3)), must be brought to the knowledge of tenderers in advance of the selection process (Article 2(4)) and notices informing the workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)).

Moreover, the Committee wishes to point out that the Convention does not necessarily call for legislative action but may also be given effect through regulations and administrative circulars or instructions, for instance ministerial regulations issued under section 105(2) of the Public Procurement Act or standardized tendering documents and forms approved by the Public Procurement Regulatory Authority pursuant to section 9(1) of the same Act. The Committee accordingly asks the Government to take the necessary measures – legislative, administrative or others – for the insertion in all public contracts covered by this Convention of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention.