Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Jamaica (Ratification: 1962)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2 of the Convention. Insertion of labour clauses in public contracts. Application of the Convention. Part V of the report form. The Committee refers to its observations since 2009, recalling that it has been commenting for a number of years on the absence of any laws, regulations or practices giving effect to the provisions of the Convention. In its previous comments, initially made in 2014, the Committee expressed the hope that the Government would take prompt action to ensure the effective implementation of the Convention both in law and in practice. The Committee notes the Government’s response, indicating that there is at present no general law or regime in place that mandates particular labour clauses to be included in public contracts, as defined by the Convention. With respect to the application of Article 2 of the Convention, the Government reports that there is currently no policy or practice of including clauses in public contracts which guarantee basic protections such as wages (including allowances), hours of work and other conditions of labour, which are not less favourable than those established. The Committee notes the Government’s indication that it is presently making legislative changes to insert labour clauses in public contracts. In this respect, the Committee notes from the material available on the Jamaican Ministry of Finance and Public Service website that the Public Procurement Act of 2015, the Public Procurement Regulation of 2018 and the Revised Handbook of Public Sector Procurement Procedures (March 2014) contain no reference to labour clauses and do not require the insertion of any clauses of the type prescribed by Article 2(1) in the public contracts to which the Convention applies. Once again, the Committee draws the Government’s attention to its 2008 General Survey on labour clauses in public contracts, paragraph 45, which makes clear that “the mere fact of the national legislation being applicable to all workers does not release the State which has ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2 of the Convention”. As the Committee observed in the 2008 General Survey, “the Convention has a very simple structure, all its provisions being articulated around and directly linked to the core requirement of Article 2(1), i.e. the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. As a result, in case the national legislation makes no provision for the specific type of labour clause and in the specific terms set out in Article 2(1) of the Convention, the application of the remaining Articles 3, 4 and 5 becomes without object” (2008 General Survey, paragraph 176). The Committee observes that the labour clauses required by the Convention – which should be established by the competent authority in consultation with the social partners – are clauses of a very specific content (2008 General Survey, paragraph 46). The required clauses must ensure to the workers employed under public contracts, as these are defined under Article 1(a) through (d) of the Convention, the payment of wages (including allowances), hours of work and other conditions of labour that are not less favourable than those established for work of the same character in the trade or industry concerned [and which apply] in the district where the work is being performed (Article 2(1) of the Convention). Noting once again that it has been commenting for several years on the Government’s failure to give effect to the Convention, the Committee recalls that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily require the enactment of new legislation, but can also be realized by administrative instructions or circulars, the Committee expects that the Government will take all necessary measures without further delay to bring its national legislation into full conformity with the core requirements of the Convention. The Committee requests the Government to keep the Office informed of progress made and recalls that the Government can avail itself of the technical assistance of the ILO in this regard, should it wish to do so.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that despite the detailed explanations provided in previous comments regarding the scope and purpose of the Convention as well as the steps required for its practical implementation, the Government continues to refer to legislative texts that bear little relevance with the Convention as they do not provide for labour clauses of the type prescribed in Article 2 of the Convention. More concretely, the Committee notes the Government’s reference to the Factories Act and the Minimum Wages Act as instruments protecting all workers without exception, and also to the Labour and Management Agreement (LMA) 2011–13 for the building and construction industry. In particular, the Committee notes that the LMA provides for a pay scale which is higher than the minimum wage rate which was last revised in September 2012 and is now set at 5,000 Jamaican dollars (JMD) (approximately US$48) per 40-hour working week.

The Committee recalls, in this connection, that the Convention requires that public contracts (whether for construction works, manufacture of goods or supply of services) should include clauses ensuring to the workers concerned wages, hours of work and other labour conditions not less favourable than those locally established for work of the same character through collective agreement, arbitration award or national laws or regulations. In the case of a construction contract, for instance, this requirement would practically mean that the selected contractor and any subcontractors would be obliged to pay wages at least at the LMA rate – and not the national minimum wage – provided that the LMA contains the most favourable pay conditions for construction workers. It is precisely because employment and working conditions set out in general labour legislation are often improved through collective bargaining that the Committee has consistently taken the view that the mere fact of the national legislation being applicable to all workers does not release the government concerned from its obligation to provide for the insertion of labour clauses in all public contracts in accordance with Article 2(1) and (2), of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may also be applied through administrative instructions or circulars, the Committee expresses once again the hope that the Government will take prompt action to ensure the effective implementation of the Convention both in law and in practice.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that despite the detailed explanations provided in previous comments regarding the scope and purpose of the Convention as well as the steps required for its practical implementation, the Government continues to refer to legislative texts that bear little relevance with the Convention as they do not provide for labour clauses of the type prescribed in Article 2 of the Convention. More concretely, the Committee notes the Government’s reference to the Factories Act and the Minimum Wages Act as instruments protecting all workers without exception, and also to the Labour and Management Agreement (LMA) 2011–13 for the building and construction industry. In particular, the Committee notes that the LMA provides for a pay scale which is higher than the minimum wage rate which was last revised in September 2012 and is now set at 5,000 Jamaican dollars (JMD) (approximately US$48) per 40-hour working week.

The Committee recalls, in this connection, that the Convention requires that public contracts (whether for construction works, manufacture of goods or supply of services) should include clauses ensuring to the workers concerned wages, hours of work and other labour conditions not less favourable than those locally established for work of the same character through collective agreement, arbitration award or national laws or regulations. In the case of a construction contract, for instance, this requirement would practically mean that the selected contractor and any subcontractors would be obliged to pay wages at least at the LMA rate – and not the national minimum wage – provided that the LMA contains the most favourable pay conditions for construction workers. It is precisely because employment and working conditions set out in general labour legislation are often improved through collective bargaining that the Committee has consistently taken the view that the mere fact of the national legislation being applicable to all workers does not release the government concerned from its obligation to provide for the insertion of labour clauses in all public contracts in accordance with Article 2(1) and (2), of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may also be applied through administrative instructions or circulars, the Committee expresses once again the hope that the Government will take prompt action to ensure the effective implementation of the Convention both in law and in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that despite the detailed explanations provided in previous comments regarding the scope and purpose of the Convention as well as the steps required for its practical implementation, the Government continues to refer to legislative texts that bear little relevance with the Convention as they do not provide for labour clauses of the type prescribed in Article 2 of the Convention. More concretely, the Committee notes the Government’s reference to the Factories Act and the Minimum Wages Act as instruments protecting all workers without exception, and also to the Labour and Management Agreement (LMA) 2011–13 for the building and construction industry. In particular, the Committee notes that the LMA provides for a pay scale which is higher than the minimum wage rate which was last revised in September 2012 and is now set at 5,000 Jamaican dollars (JMD) (approximately US$48) per 40-hour working week.

The Committee recalls, in this connection, that the Convention requires that public contracts (whether for construction works, manufacture of goods or supply of services) should include clauses ensuring to the workers concerned wages, hours of work and other labour conditions not less favourable than those locally established for work of the same character through collective agreement, arbitration award or national laws or regulations. In the case of a construction contract, for instance, this requirement would practically mean that the selected contractor and any subcontractors would be obliged to pay wages at least at the LMA rate – and not the national minimum wage – provided that the LMA contains the most favourable pay conditions for construction workers. It is precisely because employment and working conditions set out in general labour legislation are often improved through collective bargaining that the Committee has consistently taken the view that the mere fact of the national legislation being applicable to all workers does not release the government concerned from its obligation to provide for the insertion of labour clauses in all public contracts in accordance with Article 2(1) and (2), of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may also be applied through administrative instructions or circulars, the Committee expresses once again the hope that the Government will take prompt action to ensure the effective implementation of the Convention both in law and in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that despite the detailed explanations provided in previous comments regarding the scope and purpose of the Convention as well as the steps required for its practical implementation, the Government continues to refer to legislative texts that bear little relevance with the Convention as they do not provide for labour clauses of the type prescribed in Article 2 of the Convention. More concretely, the Committee notes the Government’s reference to the Factories Act and the Minimum Wages Act as instruments protecting all workers without exception, and also to the Labour and Management Agreement (LMA) 2011–13 for the building and construction industry. In particular, the Committee notes that the LMA provides for a pay scale which is higher than the minimum wage rate which was last revised in September 2012 and is now set at 5,000 Jamaican dollars (JMD) (approximately US$48) per 40-hour working week.

The Committee recalls, in this connection, that the Convention requires that public contracts (whether for construction works, manufacture of goods or supply of services) should include clauses ensuring to the workers concerned wages, hours of work and other labour conditions not less favourable than those locally established for work of the same character through collective agreement, arbitration award or national laws or regulations. In the case of a construction contract, for instance, this requirement would practically mean that the selected contractor and any subcontractors would be obliged to pay wages at least at the LMA rate – and not the national minimum wage – provided that the LMA contains the most favourable pay conditions for construction workers. It is precisely because employment and working conditions set out in general labour legislation are often improved through collective bargaining that the Committee has consistently taken the view that the mere fact of the national legislation being applicable to all workers does not release the government concerned from its obligation to provide for the insertion of labour clauses in all public contracts in accordance with Article 2(1) and (2), of the Convention. Recalling that the Convention does not necessarily require the adoption of new legislation but may also be applied through administrative instructions or circulars, the Committee expresses once again the hope that the Government will take prompt action to ensure the effective implementation of the Convention both in law and in practice.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the adoption of the Standards Bidding Documents – Procurement of Works (Selective Tendering) in April 2010 as well as the adoption of the four-volume Revised Handbook of Public Sector Procurement Procedures (RHPP) in October 2010. However, the Committee notes with regret that these voluminous and detailed texts contain no reference whatsoever to the working conditions of workers employed under public contracts nor do they provide for labour clauses of the type prescribed by the Convention. Despite the specific guidance given by the Committee in its previous comments, the Government has not taken any steps to effectively implement the Convention either through the RHPP, which were being elaborated since 2008, or through the Procurement Regulations prepared under the Contactor General Act. The Committee is therefore obliged to conclude that at present the Convention is not given effect in either law or practice.

The Committee wishes to draw the Government’s attention once again to the basic purpose of the Convention which is to ensure that the workers employed for the execution of public contracts enjoy wages and other working conditions at least as satisfactory as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, in the locality where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. In fact, the type of labour clauses prescribed by this Article of the Convention seek to oblige the contractor to apply the most advantageous pay rates, including overtime pay, and other working conditions, such as work hour limits and holiday entitlement, established in the industrial sector and geographical region in question. Recalling that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily require the enactment of new legislation but can be also realized by administrative instructions or circulars, the Committee hopes that the Government will take all necessary measures without further delay in order to bring the national legislation into conformity with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been commenting for a number of years on the absence of any laws or regulations implementing the provisions of the Convention. In its last report, the Government refers to new Contracts and Standard Bidding Documents and Procurement Regulations which are soon to be issued and which are expected to cover labour aspects of public procurement operations. The Committee requests the Government to transmit a copy of these documents as soon as they are finalized.

The Committee notes that the Revised Handbook of Public Sector Procurement Procedures (RHPP) was issued in December 2008 and has been in use for an interim period pending formal approval by the Cabinet. It notes, however, that the RHPP does not address working conditions of workers employed under public contracts, except for subsection No. S-2120, which provides that deviations from the bidding requirements, including non-compliance with local regulations relating to labour, import taxes and duties, which do not appear at first sight to provide immediate grounds for bid rejection, may be considered further in the evaluation process. Noting that the Government is still not in a position to report any concrete progress as regards the application of the Convention, the Committee wishes to refer to paragraphs 40 and 44 of its General Survey of 2008 on labour clauses in public contracts, in which it indicated that the purpose of the Convention is to ensure that the workers employed for the execution of public contracts enjoy wages and other working conditions at least as satisfactory as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, in the locality where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. In fact, the type of labour clauses prescribed by this Article of the Convention seek to oblige the contractor to apply the most advantageous pay rates, including overtime pay, and other working conditions, such as work hour limits and holiday entitlement, established in the industrial sector and geographical region in question. The concrete terms of this obligation incumbent on the selected bidder and any subcontractors, are to be reflected in a standard contractual clause which has to be effectively enforced notably through a system of specific sanctions.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee has been commenting for a number of years on the absence of any laws or regulations implementing the provisions of the Convention. In its last report, the Government refers to new Contracts and Standard Bidding Documents and Procurement Regulations which are soon to be issued and which are expected to cover labour aspects of public procurement operations. The Committee would appreciate receiving a copy of these documents as soon as they are finalized.

The Committee notes that the Revised Handbook of Public Sector Procurement Procedures (RHPP) was issued in December 2008 and has been in use for an interim period pending formal approval by the Cabinet. It notes, however, that the RHPP does not address working conditions of workers employed under public contracts, except for subsection No. S-2120, which provides that deviations from the bidding requirements, including non-compliance with local regulations relating to labour, import taxes and duties, which do not appear at first sight to provide immediate grounds for bid rejection, may be considered further in the evaluation process. Noting that the Government is still not in a position to report any concrete progress as regards the application of the Convention, the Committee wishes to refer to paragraphs 40 and 44 of its General Survey of 2008 on labour clauses in public contracts, in which it indicated that the purpose of the Convention is to ensure that the workers employed for the execution of public contracts enjoy wages and other working conditions at least as satisfactory as those normally established for the type of work concerned, whether they are established by collective agreement or otherwise, in the locality where the work is done. The Convention requires that this be done through the insertion of appropriate labour clauses in public contracts. This has the effect of setting as minimum conditions for the contract standards that are already established within the locality. The further aim is that local standards higher than those of general application (this in practice means the most advantageous labour conditions) should be applied, where they exist. In fact, the type of labour clauses prescribed by this Article of the Convention seek to oblige the contractor to apply the most advantageous pay rates, including overtime pay, and other working conditions, such as work hour limits and holiday entitlement, established in the industrial sector and geographical region in question. The concrete terms of this obligation incumbent on the selected bidder and any subcontractors, are to be reflected in a standard contractual clause which has to be effectively enforced notably through a system of specific sanctions.

Finally, with a view to assisting the Government in its efforts to give effect to the Convention, the Committee attaches herewith a copy of the Practical Guide on the Convention prepared by the Office in September 2008 and based principally on the findings of the abovementioned General Survey. It hopes that the Government will take the necessary action without further delay in order to bring the national legislation into conformity with the Convention and recalls that the Government may draw on the expert advice of the Office to this effect.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the 1999 amendment to the Contractor-General Act, 1983 which provides for the establishment of a parliamentary commission, the National Contracts Commission (NCC), to oversee the process of award and implementation of government contracts and to ensure transparency and equity in the granting of such contracts. The Committee also notes the documentation on public procurement contained in the Government’s report, including the handbook of public sector procurement procedures, relevant cabinet or ministerial directives, the standard contracts for the procurement of goods and services, and the general conditions of contract (GCC) which are deemed to form an integral part of public procurement contracts. However, as the Committee had noted in some earlier comments, these documents contain no provisions which are directly connected with the application of this Convention. The Committee requests therefore the Government to specify the legislative or other text providing for the insertion of labour clauses in public contracts, their advertisement, and appropriate sanctions in case of non observance, as required under Articles 2, 4 and 5 of the Convention. Recalling that the inclusion of labour clauses in all the public contracts covered by the Convention does not necessarily call for the enactment of legislation but may also be realized by means of regulations to be issued by the NCC under section 23E of the 1999 amendment to the Contractor-General Act, 1983, or by way of administrative instructions, the Committee hopes that steps will soon be taken to bring national law and practice into line with the provisions of the Convention.

Part V of the report form. The Committee notes that, despite its repeated requests on this point, the Government has not supplied in recent years any information regarding the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the approximate number of workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed information on the practical application of the Convention, including samples of public contracts, reports on the activities of the NCC, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes due note of the adoption of the 1999 amendment to the Contractor-General Act, 1983 which provides for the establishment of a parliamentary commission, the National Contracts Commission (NCC), to oversee the process of award and implementation of government contracts and to ensure transparency and equity in the granting of such contracts. The Committee also notes the detailed documentation on public procurement contained in the Government’s report, including the handbook of public sector procurement procedures, relevant cabinet or ministerial directives, the standard contracts for the procurement of goods and services, and the general conditions of contract (GCC) which are deemed to form an integral part of public procurement contracts. However, as the Committee had noted in some earlier comments, these documents contain no provisions which are directly connected with the application of this Convention. The Committee requests therefore the Government to specify the legislative or other text providing for the insertion of labour clauses in public contracts, their advertisement, and appropriate sanctions in case of non‑observance, as required under Articles 2, 4 and 5 of the Convention. Recalling that the inclusion of labour clauses in all the public contracts covered by the Convention does not necessarily call for the enactment of legislation but may also be realized by means of regulations to be issued by the NCC under section 23E of the 1999 amendment to the Contractor-General Act, 1983, or by way of administrative instructions, the Committee hopes that steps will soon be taken to bring national law and practice into line with the provisions of the Convention.

Part V of the report form. The Committee notes that, despite its repeated requests on this point, the Government has not supplied in recent years any information regarding the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Convention and Part V of the report form governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the approximate number of workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed information on the practical application of the Convention, including samples of public contracts, reports on the activities of the NCC, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes due note of the information provided in the Government’s report, in particular the adoption of the 1999 amendment to the Contractor-General Act, 1983 which provides for the establishment of a parliamentary commission, the National Contracts Commission (NCC), to oversee the process of award and implementation of government contracts and to ensure transparency and equity in the granting of such contracts. The Committee also notes the detailed documentation on public procurement contained in the Government’s report, including the handbook of public sector procurement procedures, relevant cabinet or ministerial directives, the standard contracts for the procurement of goods and services, and the general conditions of contract (GCC) which are deemed to form an integral part of public procurement contracts. However, as the Committee had noted in some earlier comments, these documents contain no provisions which are directly connected with the application of this Convention. The Committee requests therefore the Government to specify the legislative or other text providing for the insertion of labour clauses in public contracts, their advertisement, and appropriate sanctions in case of non-observance, as required under Articles 2, 4 and 5 of the Convention. Recalling that the inclusion of labour clauses in all the public contracts covered by the Convention does not necessarily call for the enactment of legislation but may also be realized by means of regulations to be issued by the NCC under section 23E of the 1999 amendment to the Contractor-General Act, 1983, or by way of administrative instructions, the Committee hopes that steps will soon be taken to bring national law and practice into line with the provisions of the Convention.

Part V of the report form. The Committee notes that, despite its repeated requests on this point, the Government has not supplied in recent years any information regarding the practical application of the Convention. In this connection, the Committee recalls that under Article 6 of the Conventionand Part V of the report form governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the approximate number of workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful to the Government for supplying in its next report detailed information on the practical application of the Convention, including samples of public contracts, reports on the activities of the NCC, information from inspection services on the supervision and enforcement of national legislation and any other particulars bearing on the measures designed to implement the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes that the Government’s report simply indicates that there has been no change since the last report.

The Committee recalls that, in its earlier comments, it noted the information supplied by the Government including the examples of public contracts containing labour clauses as provided by Article 2 of the Convention. It therefore requested the Government to indicate how it was ensured that such clauses were included and how the terms of the clauses were determined.

The Committee would like to recall that measures to ensure the inclusion of appropriate labour clauses in all the public contracts covered by the Convention are not necessarily realized by an enactment of legislation but can be an administrative instruction regarding public contracts. It also recalls that Article 2(3) of the Convention provides that the terms of these clauses should be determined by the competent authority after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any measures taken to this end.

The Committee would be grateful if the Government would also supply information on the practical application of the Convention, for example extracts from official reports, the number of workers covered by the public contracts and information on any practical difficulties noted by the labour inspectorate.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Further to its earlier comments, the Committee noted the information supplied by the Government in its report, including the examples of public contracts containing labour clauses as provided by Article 2 of the Convention. The Committee can thus conclude that the Convention is applied in practice. Since the Government indicated in a previous report that there is no legislation providing expressly for the inclusion of labour clauses in public contracts, the Committee requests the Government to indicate how it is ensured that they are in fact so included and how the terms of the clauses are determined.

Point V of the report form. The Committee would be grateful if the Government would supply information as to the practical application of the Convention, for example extracts from inspection reports, the number and nature of infringements of any problems noted by the labour inspectorate, and the numbers of workers covered by the public contracts.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report simply indicates that there has been no change since the last report.

The Committee recalls that, in its earlier comments, it noted the information supplied by the Government including the examples of public contracts containing labour clauses as provided by Article 2 of the Convention. It therefore requested the Government to indicate how it was ensured that such clauses were included and how the terms of the clauses were determined.

The Committee would like to recall that measures to ensure the inclusion of appropriate labour clauses in all the public contracts covered by the Convention are not necessarily realized by an enactment of legislation but can be an administrative instruction regarding public contracts. It also recalls that Article 2(3) of the Convention provides that the terms of these clauses should be determined by the competent authority after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any measures taken to this end.

The Committee would be grateful if the Government would also supply information on the practical application of the Convention, for example extracts from official reports, the number of workers covered by the public contracts and information on any practical difficulties noted by the labour inspectorate.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its earlier comments, the Committee notes the information supplied by the Government in its report, including the examples of public contracts containing labour clauses as provided by Article 2 of the Convention. The Committee can thus conclude that the Convention is applied in practice. Since the Government indicated in a previous report that there is no legislation providing expressly for the inclusion of labour clauses in public contracts, the Committee requests the Government to indicate how it is ensured that they are in fact so included and how the terms of the clauses are determined.

Point V of the report form. The Committee would be grateful if the Government would supply information as to the practical application of the Convention, for example extracts from inspection reports, the number and nature of infringements of any problems noted by the labour inspectorate, and the numbers of workers covered by the public contracts.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes that with the adoption of the Contractor-General Act (No. 15 of 1983) arrangements have been established for the awarding and supervising of public contracts.

It notes also that this Act contains no provisions which are directly connected with the application of this Convention. As the Committee has received no detailed information since 1971 on the means by which the Convention's implementation is assured, it would be grateful if the Government would communicate a detailed report in this respect, including copies of the laws or regulations concerned, and samples of public contracts containing the labour clauses required in Article 2 of the Convention. Please also provide the information on the practical application of the Convention requested under point V of the report form.