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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Burundi (Ratification: 1963)

Article 2 of the Convention. Inclusion of labour contracts in public contracts. In its previous comments, the Committee asked the Government to take the necessary steps to bring the legislation into full conformity with the Convention. The Committee notes that, further to the entry into force of Act No. 1/01 of 4 February 2008 issuing the Public Procurement Code, the Government has not adopted any new measures in this respect. The Government indicates in its report that Presidential Decree No. 100/49 of 11 July 1986, concerning specific measures to be taken to guarantee minimum conditions for workers employed under a public contract, and also Decree No. 110/120 of 18 August 1990, concerning the general conditions of contracts, have ceased to apply with the entry into force of the Public Procurement Code. The Government makes no reference to the adoption of any new measures to guarantee protection for conditions of work during the performance of public contracts but refers more generally to the Labour Code. The Committee recalls paragraph 45 of its General Survey of 2008 on labour clauses in public contracts, in which it considered that the mere fact of the national legislation being applicable to all workers does not release the States which have ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain the labour clauses specified in Article 2(1) of the Convention, whether for construction work, the manufacture of goods or the provision of services, since the general labour legislation only establishes minimum standards, which are often improved through collective agreements or arbitration awards. The Committee recalls that the main stipulation of Article 2 of the Convention is that all public contracts coming within the scope of Article 1 of the Convention must contain labour clauses, whether or not these contracts are assigned through a bidding process. The Committee requests the Government once again to adopt the necessary measures without delay to ensure the inclusion of labour clauses in all public contracts to which the Convention is applicable, in accordance with Article 2 of the Convention. The Committee also requests the Government to send a copy of the new general conditions governing contracts and to indicate the measures taken or contemplated to ensure minimum conditions for workers employed under a public contract, once such measures have been adopted.