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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Denmark (Ratification: 1955)

Article 2 of the Convention and Part V of the report form. Use of labour clauses in law and practice. The Committee notes the information provided by the Government in its report and the attached documents. It notes in particular the Government’s indication that according to Local Government Denmark (LGDK), which is the association of the country’s 98 municipalities, there is increasing awareness among municipal authorities about the use of labour clauses. It also notes that the Government reaffirms that the Convention continues to be implemented through Circular letter No. 114 of 18 May 1966, read in conjunction with Circular letter No. 114 of 25 June 1990, both of which make specific reference to Article 2 of the Convention. Finally, the Committee notes the sample copies of labour clauses in tender documents currently in use which give full effect to the basic requirement of the Convention. The Committee would appreciate if the Government would provide in its next report a broad overview of its policies and practices concerning the incorporation of social criteria into public contracting, thus not limited to so-called “fair wages” clauses but also including “affirmative action” clauses, in light of relevant EU law. It would also appreciate if the Government would continue to transmit up to date information on the practical application of the Convention including, for instance, statistics on the number of public contracts awarded and the approximate number of workers engaged in their execution, copies of official reports or studies addressing the social dimension of public procurement (e.g. annual reports of the Danish Competition Authority), any difficulties encountered in the application of the Convention, especially with relation to posted foreign workers, extracts from reports of inspection services, 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.