Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Grenada (Ratification: 1979)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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.

Repetition

Article 2(2) of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that there was a review of the Employment Act, as well as the Labour Relations Act, with support from the Government of Canada, with a view to identifying areas of the Labour Code that should be updated. The Government indicates that the revised Employment Act and Labour Relations Act will form part of the new Labour Code. The Committee requests the Government to keep the Office informed of progress in this regard and to communicate a copy of the revised Labour Code once it has been adopted.

Article 3. Health and safety. The Government indicates that, since its last report in 2013, it has initiated a process of modernization of the occupational safety and health system. The Government adds that it is committed to ensuring that, once the draft Occupational Safety and Health Bill (the OSH Bill) is approved by the Parliament, there will be fair and reasonable conditions of health, safety and welfare for workers engaged in the execution of public contracts. In this regard, the Government indicates that the OSH Bill, the Employment Act and the Labour Relations Act will form the revised Labour Code. The Committee notes the commitment expressed by the Government and requests that it keep the Office informed of developments relating to the application of the provisions of the Convention.

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

Article 2(2) of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that there was a review of the Employment Act, as well as the Labour Relations Act, with support from the Government of Canada, with a view to identifying areas of the Labour Code that should be updated. The Government indicates that the revised Employment Act and Labour Relations Act will form part of the new Labour Code. The Committee requests the Government to keep the Office informed of progress in this regard and to communicate a copy of the revised Labour Code once it has been adopted.

Article 3. Health and safety. The Government indicates that, since its last report in 2013, it has initiated a process of modernization of the occupational safety and health system. The Government adds that it is committed to ensuring that, once the draft Occupational Safety and Health Bill (the OSH Bill) is approved by the Parliament, there will be fair and reasonable conditions of health, safety and welfare for workers engaged in the execution of public contracts. In this regard, the Government indicates that the OSH Bill, the Employment Act and the Labour Relations Act will form the revised Labour Code. The Committee notes the commitment expressed by the Government and requests that it keep the Office informed of developments relating to the application of the provisions of the Convention.

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

Article 2(2) of the Convention. Insertion of labour clauses in public contracts. Further to its previous comment, the Committee notes the Government’s indication that it intends to amend paragraph 2 of the Schedule to the Employment Act, 1999, in order to give full effect to Article 2(2) of the Convention. The Government also indicates that the draft amendment is being submitted to the tripartite Labour Advisory Board for discussion. The Committee requests the Government to keep the Office informed of any progress made in this regard and to forward a copy of the revised text once it has been adopted.

Article 3. Health and safety. The Committee notes the Government’s indication that, to date, there has not been any legislation regarding health and safety. The Government explains that Grenada ratified the Occupational Safety and Health Convention, 1981 (No. 155) only in June 2012, and that the Labour Advisory Board, which has been recently reconstituted, will soon consider implementing measures. The Government further indicates that although no provision on accident prevention measures is included in public contracts, the Ministry of Works, who is the competent authority for the issuance of such contracts, promotes health and safety measures to ensure that contractors maintain a safer working environment for their employees. The Committee hopes that the Government will soon adopt an appropriate legislative framework to ensure fair and reasonable conditions of health, safety and welfare for workers engaged in the execution of public contracts and requests the Government to transmit a copy of any relevant text once it has been adopted.

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

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:

Repetition

Article 2(2) of the Convention. Insertion of labour clauses in public contracts. The Committee notes that, in reply to its previous comments, the Government simply referred to paragraph 1 of the Schedule to the Employment Act, 1999, under which the wages, hours of work and other conditions of employment of workers engaged in the execution of a public contract must not be less favourable than those set by collective agreement or arbitration in the district in which the work is carried out. However, the Committee draws the Government’s attention to the fact that its comments concerned paragraph 2 of that Schedule, which provides that if the conditions of employment are not established in the district concerned in the manner provided for above, those in force in the other districts should be applied. In this regard, the Committee recalls that, in accordance with Article 2(2) of the Convention, in such cases, the workers concerned have to benefit from conditions of labour which are not less favourable than: (a) those established by collective bargaining, arbitration or national legislation, for work of the same character in the trade concerned in the nearest appropriate district; or (b) the general level observed in the trade or industry in which the contractor is engaged by employers whose general circumstances are similar. Consequently, the Committee hopes that the Government will amend the provisions of paragraph 2 of the Schedule to the Employment Act, 1999, in order to specify that the conditions of employment to which they refer have to be established by collective bargaining, arbitration or national legislation.

Article 3. Health and safety. The Committee notes that, in reply to its previous comments, the Government referred to paragraph 8 of the Schedule to the Employment Act, 1999, concerning the insurance which the contractor is obliged to take out for industrial accidents. However, it recalls that the question raised in its comments did not concern compensation for industrial accidents, but rather their prevention through a set of measures intended to ensure fair and reasonable conditions of health, safety and welfare for workers engaged in the execution of a public contract. The Committee therefore once again requests the Government to provide any useful information on this subject, including a copy of the relevant legal texts.

Part V of the report form. Practical applications. The Committee once again requests the Government to provide general information on the application of the Convention in practice, including examples of public contracts containing the labour clauses provided for in the Schedule to the Employment Act, 1999, as well as reports of the inspection services concerning compliance with these clauses, contraventions reported and measures taken to put an end to such contraventions.

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

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(2) of the Convention. Insertion of labour clauses in public contracts. The Committee notes that, in reply to its previous comments, the Government simply referred, in its last report, to paragraph 1 of the Schedule to the Employment Act, 1999, under which the wages, hours of work and other conditions of employment of workers engaged in the execution of a public contract must not be less favourable than those set by collective agreement or arbitration in the district in which the work is carried out. However, the Committee draws the Government’s attention to the fact that its comments concerned paragraph 2 of that Schedule, which provides that if the conditions of employment are not established in the district concerned in the manner provided for above, those in force in the other districts should be applied. In this regard, the Committee recalls that, in accordance with Article 2(2) of the Convention, in such cases, the workers concerned have to benefit from conditions of labour which are not less favourable than: (a) those established by collective bargaining, arbitration or national legislation, for work of the same character in the trade concerned in the nearest appropriate district; or (b) the general level observed in the trade or industry in which the contractor is engaged by employers whose general circumstances are similar. Consequently, the Committee hopes that the Government will amend the provisions of paragraph 2 of the Schedule to the Employment Act, 1999, in order to specify that the conditions of employment to which they refer have to be established by collective bargaining, arbitration or national legislation.

Article 3. Health and safety. The Committee notes that, in reply to its previous comments, the Government referred to paragraph 8 of the Schedule to the Employment Act, 1999, concerning the insurance which the contractor is obliged to take out for industrial accidents. However, it recalls that the question raised in its comments did not concern compensation for industrial accidents, but rather their prevention through a set of measures intended to ensure fair and reasonable conditions of health, safety and welfare for workers engaged in the execution of a public contract. The Committee therefore once again requests the Government to provide any useful information on this subject, including a copy of the relevant legal texts.

Part V of the report form. Practical applications. The Committee once again requests the Government to provide general information on the application of the Convention in practice, including examples of public contracts containing the labour clauses provided for in the Schedule to the Employment Act, 1999, as well as reports of the inspection services concerning compliance with these clauses, contraventions reported and measures taken to put an end to such contraventions.

Finally, the Committee seizes this opportunity to refer to the General Survey of 2008 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 2007, published 97th ILC session (2008)

Article 2, paragraph 2, of the Convention. The Committee notes that, in reply to its previous comments, the Government simply refers to paragraph 1 of the Schedule to the Employment Act, 1999, under which the wages, hours of work and other conditions of employment of workers engaged in the execution of a public contract must not be less favourable than those set by collective agreement or arbitration in the district in which the work is carried out. However, the Committee draws the Government’s attention to the fact that its comments concerned paragraph 2 of that Schedule, which provides that if the conditions of employment are not established in the district concerned in the manner provided for above, those in force in the other districts should be applied. In this regard, the Committee recalls that, in accordance with Article 2, paragraph 2, of the Convention, in such cases, the workers concerned have to benefit from conditions of labour which are not less favourable than: (a) those established by collective bargaining, arbitration or national legislation, for work of the same character in the trade concerned in the nearest appropriate district; or (b) the general level observed in the trade or industry in which the contractor is engaged by employers whose general circumstances are similar. Consequently, the Committee hopes that the Government will amend the provisions of paragraph 2 of the Schedule to the Employment Act, 1999, in order to specify that the conditions of employment to which they refer have to be established by collective bargaining, arbitration or national legislation.

Article 3. The Committee notes that, in reply to its previous comments, the Government refers to paragraph 8 of the Schedule to the Employment Act, 1999, concerning the insurance which the contractor is obliged to take out for industrial accidents. However, it recalls that the question raised in its comments did not concern compensation for industrial accidents, but rather their prevention through a set of measures intended to ensure fair and reasonable conditions of health, safety and welfare for workers engaged in the execution of a public contract. The Committee therefore once again requests the Government to provide any useful information on this subject, including a copy of the relevant legal texts.

Part V of the report form. The Committee once again requests the Government to provide general information on the application of the Convention in practice, including examples of public contracts containing the labour clauses provided for in the Schedule to the Employment Act, 1999, as well as reports of the inspection services concerning compliance with these clauses, contraventions reported and measures taken to put an end to such contraventions.

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 understands that the new Employment Act, 1999 (No. 14 of 1999), which was elaborated with the technical assistance of the International Labour Office, has now come into force providing inter alia for the insertion of labour clauses in public contracts. It also understands that the new Employment Act repeals and replaces the Labour Clauses (Public Contracts) Ordinance, 1960 (Ordinance No. 34 of 1960) as subsequently amended. In this connection, the Committee would wish to draw the Government’s attention to the following points.

Article 2(2) of the Convention. The Committee notes that paragraph 2 of the Schedule appended to the Employment Act, 1999, refers to “established rates and conditions in other districts” without specifying that such rates and conditions have to be established by collective agreement or other recognized machinery of negotiation, by arbitration, or by national laws or regulations, as provided for in this Article of the Convention. The Committee hopes that the Government will take the necessary action to bring its legislation into full conformity with the Convention in this regard, for instance by using some wording similar to that used in paragraph 2 of the Schedule to the Labour Clauses (Public Contracts) Ordinance, 1960.

Article 3. The Committee notes the Government’s reply to its previous direct request which is in identical terms to that provided with the 1995 report in response to another similar request. The Committee therefore requests the Government to provide detailed information, including copies of any relevant legal texts not previously supplied, on the measures taken in law and practice in order to ensure fair and reasonable health, safety and welfare conditions for workers engaged in the execution of public contracts.

Moreover, the Committee would be grateful if the Government would supply in its next report, in accordance with Article 6 of the Convention and Part V of the report form, up to date information concerning the manner in which the Convention is applied in practice, including copies of public contracts containing labour clauses, reports of the inspection services regarding the supervision and enforcement of the relevant legislation, statistical information on the number and nature of infringements reported, and any other particulars bearing on the practical application of the Convention.

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

The Committee understands that the new Employment Act, 1999 (No. 14 of 1999), which was elaborated with the technical assistance of the International Labour Office, has now come into force providing inter alia for the insertion of labour clauses in public contracts. It also understands that the new Employment Act repeals and replaces the Labour Clauses (Public Contracts) Ordinance, 1960 (Ordinance No. 34 of 1960) as subsequently amended. In this connection, the Committee would wish to draw the Government’s attention to the following points.

Article 2(2) of the Convention. The Committee notes that paragraph 2 of the Schedule appended to the Employment Act, 1999, refers to "established rates and conditions in other districts" without specifying that such rates and conditions have to be established by collective agreement or other recognized machinery of negotiation, by arbitration, or by national laws or regulations, as provided for in this Article of the Convention. The Committee hopes that the Government will take the necessary action to bring its legislation into full conformity with the Convention in this regard, for instance by using some wording similar to that used in paragraph 2 of the Schedule to the Labour Clauses (Public Contracts) Ordinance, 1960.

Article 3. The Committee notes the Government’s reply to its previous direct request which is in identical terms to that provided with the 1995 report in response to another similar request. The Committee therefore requests the Government to provide detailed information, including copies of any relevant legal texts not previously supplied, on the measures taken in law and practice in order to ensure fair and reasonable health, safety and welfare conditions for workers engaged in the execution of public contracts.

Moreover, the Committee would be grateful if the Government would supply in its next report, in accordance with Article 6 of the Convention and Part V of the report form, up-to-date information concerning the manner in which the Convention is applied in practice, including copies of public contracts containing labour clauses, reports of the inspection services regarding the supervision and enforcement of the relevant legislation, statistical information on the number and nature of infringements reported, and any other particulars bearing on the practical application of the Convention.

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

Article 3 of the Convention. With reference to the previous comments, the Committee notes the Government's indication that sections 47 and 49 of the Factories Ordinance have not been brought into force, but that these provisions are used as the basis for encouraging compliance and observance. The Government considers that the wide definition of a "factory" under the Act allows for the coverage of all workers engaged in the execution of public contracts for the purpose of health, safety and welfare.

The Committee recalls that sections 47 and 49 provides for the application, inter alia, of provisions of the Ordinance concerning health and safety to docks, wharves, quays, warehouses and ships and to works of building and engineering construction. It therefore points out that the workers engaged in the execution of public contracts in these sectors are not covered by the provisions of the Ordinance. The Committee again requests the Government to indicate measures taken to ensure fair and reasonable conditions in health, safety and welfare matters for such workers as well as for the other workers that are engaged in the execution of public contracts and are not covered by the Factory Ordinance.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 3 of the Convention. As the Government's report does not contain a reply to the Committee's previous comments on this point, it again requests the Government to indicate whether sections 47 and 49 of the Factory Ordinance, which were exempted from the entry into force of the said Ordinance in 1967, are now in force.

Meanwhile, the Committee notes with interest the 1990 Report of the Labour Department supplied by the Government with its report on Convention No. 81, which contains the report of labour inspection including the construction industry and covering the safety and health aspects. If the above-mentioned Ordinance is not applicable to construction by virtue of its section 49, please provide information on national laws or regulations relating to the health, safety and welfare of construction workers.

The Committee also requests the Government to supply information on the measures taken to ensure fair and reasonable conditions in the health, safety and welfare matters for the workers who are not covered by the Factory Ordinance and are engaged in the execution of public contracts.

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

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 notes from the Government's report that the Convention continues to be applied by the Labour Clauses (Public Contracts) Ordinance No. 34 of 1960, the Labour Clauses (Public Contracts) (Amendment) Ordinance No. 12 of 1961 and the Labour Clauses (Public Contracts) (Amendment) Rules No. 23 of 1961.

Article 3 of the Convention. The Committee hopes that the Government will indicate whether sections 47 and 49 of the Factory Ordinance of 1958 are in force. If not, please indicate what measures have been taken to ensure fair and reasonable conditions of health, safety and welfare for the workers employed in docks, wharves, quays and warehouses and works of building and engineering construction.

The Committee also hopes that the Government will supply information on the measures taken for the workers who are not covered by the Factory Ordinance.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes from the Government's report that the Convention continues to be applied by the Labour Clauses (Public Contracts) Ordinance No. 34 of 1960, the Labour Clauses (Public Contracts)(Amendment) Ordinance No. 12 of 1961 and the Labour Clauses (Public Contracts)(Amendment) Rules No. 23 of 1961.

Article 3 of the Convention. The Committee hopes that the Government will indicate whether sections 47 and 49 of the Factory Ordinance of 1958 are in force. If not, please indicate what measures have been taken to ensure fair and reasonable conditions of health, safety and welfare for the workers employed in docks, wharves, quays and warehouses and works of building and engineering construction.

The Committee also hopes that the Government will supply information on the measures taken for the workers who are not covered by the Factory Ordinance.