Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

Article 1(1)(c)(ii) and (iii) of the Convention. In its previous comments, the Committee noted that the Ministry of Labour had identified the Ministries of Government which must be advised of the requirements of the Convention, and that it intended to bring the matter to their attention. In this respect, the Committee recalled that no standard contract existed for public contracts for furnishing supplies and services, and that each public contract of these types was dealt with individually. The Committee recalled the suggestion made concerning the extension to these public contracts of General Notice No. 9 of 1963 on Fair Wages, and hoped that the Government will soon take the necessary measures.

The Committee notes that the report of the Government does not refer to the above measure and indicates that the provisions of the Convention in question were fully covered by and included in the revision of the legislation and that the Draft Employment Rights Act seeks to cover employment in public service and any public or parastatal organization. The Committee recalls that the main objective of the Convention is the insertion of appropriate labour clauses in public contracts so as to ensure to the workers concerned wages and other conditions of labour that are not less favourable than the prevailing conditions. Recalling also that arrangements seemed to exist for contracts for public works, the Committee hopes that the Government will soon be able to take the necessary measures to apply the Convention to public contracts for the furnishing of supplies and services.

[The Government is asked to report in detail in 2005.]