Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Saint Vincent and the Grenadines (Ratification: 1998)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Insertion of labour clauses in public contracts – Consultations with social partners – Information for tenderers. In response to the Committee’s 2017 direct request, the Government reports that there are no new developments regarding the application of the Convention. The Government nevertheless reiterates its intention to proceed with the elaboration of a new procurement bill and regulations, which are expected to establish clear rules on open and accountable procurement, and indicates that consultations and review are ongoing. The Committee once again requests that the Government take all necessary measures to ensure that: (i) the new public procurement legislation provides for the insertion of labour clauses in all public contracts, whether these are contracts for construction works, manufacture of goods or supply of services; (ii) the terms of the labour clauses are determined after consultation with the employers’ and workers’ organizations concerned; and (iii) the labour clauses are brought to the knowledge of tenderers by including them in tender documents. The Committee requests the Government to keep the Office informed of any progress regarding the reform of the public procurement legislation, taking into account the principles of Article 2 of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 2 of the Convention. Insertion of labour clauses in public contracts – Consultations with social partners – Information for tenderers. In its previous comments, the Committee noted that paragraph 5 of the standard form of public contract currently in use is fully consistent with the requirements of Article 2 of the Convention and invited the Government to render obligatory (through an appropriate legislative or administrative act) the inclusion of labour clauses in all public contracts falling within the scope of the Convention. In addition, the Committee requested the Government to take measures to ensure that persons tendering for public contracts were aware of the terms of the labour clauses. In its latest report, the Government indicates that the standard contract form is usually included as part of the invitation to bid documents. The Government also indicates that a new Public Procurement Bill and regulations are currently under preparation. The Committee accordingly requests the Government to take all necessary measures to ensure that: (i) the new public procurement legislation provides for the insertion of labour clauses in all public contracts, whether these are contracts for construction works, manufacture of goods or supply of services; (ii) the terms of the labour clauses are determined after consultation with the employers’ and workers’ organizations concerned; and (iii) the labour clauses are brought to the knowledge of tenderers by including them in tender documents. The Committee requests the Government to keep the Office informed of any progress regarding the reform of the public procurement legislation.

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

Article 2 of the Convention. Insertion of labour clauses in public contracts – Consultations with social partners – Information for tenderers. In its previous comments, the Committee noted that paragraph 5 of the standard form of public contract currently in use is fully consistent with the requirements of Article 2 of the Convention and invited the Government to render obligatory (through an appropriate legislative or administrative act) the inclusion of labour clauses in all public contracts falling within the scope of the Convention. In addition, the Committee requested the Government to take measures to ensure that persons tendering for public contracts were aware of the terms of the labour clauses. In its latest report, the Government indicates that the standard contract form is usually included as part of the invitation to bid documents. The Government also indicates that a new Public Procurement Bill and regulations are currently under preparation. The Committee accordingly requests the Government to take all necessary measures to ensure that: (i) the new public procurement legislation provides for the insertion of labour clauses in all public contracts, whether these are contracts for construction works, manufacture of goods or supply of services; (ii) the terms of the labour clauses are determined after consultation with the employers’ and workers’ organizations concerned; and (iii) the labour clauses are brought to the knowledge of tenderers by including them in tender documents. The Committee requests the Government to keep the Office informed of any progress regarding the reform of the public procurement legislation.

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

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:

Repetition

Article 2(1) of the Convention. Insertion of labour clauses in public contracts and consultations with social partners. The Committee understands that the Government has announced its intention, following the adoption of the Finance Administration Act and the accompanying Financial Regulations, to prepare a new Public Procurement Bill and Regulations with a view to establishing clear rules on open and accountable procurement, based on the principles of transparency, fairness, openness and value for money. Recalling the Government’s earlier statement that no consultations have been held with employers’ and workers’ organizations on the design of the standard form of contract and that there are no national laws or regulations which guarantee the insertion of labour clauses in all public contracts, the Committee hopes that in drafting the new legislation, the Government will take due account of the Committee’s previous comments and will not fail to take appropriate action to remedy this situation.

In this connection, the Committee feels obliged to refer to paragraph 178 of its General Survey of 2008 on labour clauses in public contracts in which it noted with concern that “model” public procurement laws recommended to developing countries, mainly for the purpose of promoting international competition under transparent and corruption-free conditions in the context of a globalized economy, are systematically silent on the social aspects of public contracting or are limited to the same innocuous provisions that fail to come anywhere close to the solid principles of the Convention. It trusts that the Government will pursue the reform of its public procurement legislation without losing sight of the close interrelationship between labour protection and procurement rules according to the letter and the spirit of the Convention.

Article 2(4). Information for tenderers. The Committee recalls that it has been commenting on the need for adequate publicity to ensure that persons tendering for contracts are aware of the terms of the labour clauses. The Committee notes, in this regard, the conclusions of the Country Procurement Assessment Report of the Organization of Eastern Caribbean States published in April 2003, according to which advertisement in relation to competitive tendering needs to be improved. The Committee hopes that in the context of the current reform of the public procurement legislation, the Government will consider suitable measures to ensure that tenderers are fully informed in advance of the content of labour clauses. It would also be grateful if the Government would clarify whether the standard form of contract currently in use is transmitted to tenderers as part of the invitation to bid, and specify any relevant legal or regulatory provision.

Part V of the report form. The Committee would appreciate receiving up-to-date and documented information on the practical application of the Convention, including, for example, inspection results or other enforcement activities carried out by the Director of Audit and Chief Engineer, any available statistics on the number of public contracts awarded each year and the approximate number of workers employed in their execution, official documents or studies such as annual reports of the Central Supply Tenders Board, etc.

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

Article 2(1) of the Convention. Insertion of labour clauses in public contracts and consultations with social partners. The Committee understands that the Government has announced its intention, following the adoption of the new Finance Administration Act and the accompanying Financial Regulations, to prepare a new Public Procurement Bill and Regulations with a view to establishing clear rules on open and accountable procurement, based on the principles of transparency, fairness, openness and value for money. Recalling the Government’s earlier statement that no consultations have been held with employers’ and workers’ organizations on the design of the standard form of contract and that there are no national laws or regulations which guarantee the insertion of labour clauses in all public contracts, the Committee hopes that in drafting the new legislation, the Government will take due account of the Committee’s previous comments and will not fail to take appropriate action to remedy this situation.

In this connection, the Committee feels obliged to refer to paragraph 178 of its General Survey of 2008 on labour clauses in public contracts in which it noted with concern that “model” public procurement laws recommended to developing countries, mainly for the purpose of promoting international competition under transparent and corruption-free conditions in the context of a globalized economy, are systematically silent on the social aspects of public contracting or are limited to the same innocuous provisions that fail to come anywhere close to the solid principles of the Convention. It trusts that the Government will pursue the reform of its public procurement legislation without losing sight of the close interrelationship between labour protection and procurement rules according to the letter and the spirit of the Convention.

Article 2(4). Information for tenderers. The Committee recalls that it has been commenting on the need for adequate publicity to ensure that persons tendering for contracts are aware of the terms of the labour clauses. The Committee notes, in this regard, the conclusions of the Country Procurement Assessment Report of the Organization of Eastern Caribbean States published in April 2003, according to which advertisement in relation to competitive tendering needs to be improved. The Committee hopes that in the context of the current reform of the public procurement legislation, the Government will consider suitable measures to ensure that tenderers are fully informed in advance of the content of labour clauses. It would also be grateful if the Government would clarify whether the standard form of contract currently in use is transmitted to tenderers as part of the invitation to bid, and specify any relevant legal or regulatory provision.

Part V of the report form. The Committee would appreciate receiving up to date and documented information on the practical application of the Convention, including, for example, inspection results or other enforcement activities carried out by the Director of Audit and Chief Engineer, any available statistics on the number of public contracts awarded each year and the approximate number of workers employed in their execution, official documents or studies such as annual reports of the Central Supply Tenders Board, 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.

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

The Committee notes the information provided by the Government in reply to its previous comments.

Articles 1(1) and 2(1) and (3) of the Convention. The Committee notes the Government’s indication that the terms of the labour clause contained in the standard form of public procurement contract have not been determined after consultation with the employers’ and workers’ organizations concerned and that there are no specific laws or regulations which require the use of such form in all public contracts. In this respect, the Committee trusts that the Government will not fail to take appropriate remedial action by inviting the social partners to express their views on the labour clause currently in use and by rendering obligatory (either through enactment of specific legislation or by means of administrative instructions or circulars) the inclusion of labour clauses in all public contracts covered by the Convention.

Article 2(4). The Committee notes the Government’s statement that measures will be taken in accordance with the provisions of this Article of the Convention to ensure that persons tendering for public contracts are aware of the terms of the labour clauses. The Committee ventures to suggest that this requirement of the Convention could be met by adding the labour-related conditions applicable to public contracts to the list of the points which must be included in all tender documents under paragraph 13 of the Rules for Tender and Purchasing Procedures.

Article 3. While noting the Government’s general statement that public contractors are expected to put measures in place to ensure the health and safety of their workers, the Committee requests the Government to specify any relevant legal provisions requiring them to do so.

Article 4(b)(ii) and Part V of the report form. The Committee requests the Government to provide additional information on the activities of the inspection authorities with regard to public procurement, including for instance the number of contraventions observed and the sanctions imposed. The Committee would also be interested in receiving statistical information showing the number of public contracts awarded and the approximate number of workers concerned, indications on the functioning of the Central Supply Tenders Board in relation to the matters dealt with in the Convention, copies of public contracts containing labour clauses and any other particulars bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s first report on the application of the Convention and the legislative texts attached. In this connection, the Committee would appreciate receiving additional information on the following points.

Article 1(1) and Article 2(1) and (3) of the Convention. The Committee notes the standard form of contract for use in public contracts, paragraph 5(a) of which lays down that the wage rates, hours of work and other labour conditions applicable to the workers concerned may not be less favourable than those established for similar work in the district where the work is carried out. The Committee notes, however, that no indication is given of any provision actually requiring the use of such form in all public procurement contracts. The Committee therefore requests the Government to specify the national laws or regulations which guarantee the insertion of labour clauses in all public contracts, for instance by rendering obligatory the use of the standard form of contract, and also indicate whether consultations with the organizations of employers and workers concerned were carried out before the adoption of the relevant terms of the standard form.

Article 2(4). The Committee notes that the Rules on Purchases and Tenders Procedure do not expressly provide that public authorities have to inform contractors in advance of the terms of the labour clauses included in public contracts. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that persons tendering for public contracts are aware of the terms of the labour clauses.

Article 3. In the absence of any information provided by the Government in respect of this Article of the Convention, the Committee asks the Government to indicate how it is ensured that fair and reasonable conditions of health, safety and welfare apply to workers engaged in the execution of public contracts.

Article 4(a)(i) and (b)(ii). The Committee would appreciate receiving additional information on the measures taken to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the provisions of the Convention. Moreover, the Committee notes the Government’s statement that inspection is supervised and enforced by the Director of Audit and Chief Engineer. However, in the light of certain difficulties experienced in the past in maintaining an adequate system of inspection, the Committee would be grateful if the Government could provide additional information on the legal provisions regulating enforcement and the activities of the inspection services with regard to public procurement.

Part V of the report form. The Committee notes from the Government’s report that there are no data available concerning the application of the Convention in practice. The Committee hopes that the Government will take the necessary measures to obtain the relevant information and that it will be able to supply such information in the near future. In particular, the Committee would be grateful to the Government for supplying copies of public contracts containing labour clauses, extracts of reports by the inspection services, information on the number of contracts and workers covered by the relevant legislation and any other particulars bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the Government’s first report on the application of the Convention and the legislative texts attached. In this connection, the Committee would appreciate receiving additional information on the following points.

Articles 1(1), 2(1) and (3) of the Convention. The Committee notes the standard form of contract for use in public contracts, paragraph 5(a) of which lays down that the wage rates, hours of work and other labour conditions applicable to the workers concerned may not be less favourable than those established for similar work in the district where the work is carried out. The Committee notes, however, that no indication is given of any provision actually requiring the use of such form in all public procurement contracts. The Committee therefore requests the Government to specify the national laws or regulations which guarantee the insertion of labour clauses in all public contracts, for instance by rendering obligatory the use of the standard form of contract, and also indicate whether consultations with the organizations of employers and workers concerned were carried out before the adoption of the relevant terms of the standard form.

Article 2(4). The Committee notes that the Rules on Purchases and Tenders Procedure do not expressly provide that public authorities have to inform contractors in advance of the terms of the labour clauses included in public contracts. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that persons tendering for public contracts are aware of the terms of the labour clauses.

Article 3. In the absence of any information provided by the Government in respect of this Article of the Convention, the Committee asks the Government to indicate how it is ensured that fair and reasonable conditions of health, safety and welfare apply to workers engaged in the execution of public contracts.

Article 4(a)(i) and (b)(ii). The Committee would appreciate receiving additional information on the measures taken to bring to the notice of the persons concerned the laws, regulations or other instruments giving effect to the provisions of the Convention. Moreover, the Committee notes the Government’s statement that inspection is supervised and enforced by the Director of Audit and Chief Engineer. However, in the light of certain difficulties experienced in the past in maintaining an adequate system of inspection, the Committee would be grateful if the Government could provide additional information on the legal provisions regulating enforcement and the activities of the inspection services with regard to public procurement.

Part V of the report form. The Committee notes from the Government’s report that there are no data available concerning the application of the Convention in practice. The Committee hopes that the Government will take the necessary measures to obtain the relevant information and that it will be able to supply such information in the near future. In particular, the Committee would be grateful to the Government for supplying copies of public contracts containing labour clauses, extracts of reports by the inspection services, information on the number of contracts and workers covered by the relevant legislation and any other particulars bearing on the practical application of the Convention.