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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Armenia (Ratification: 2005)

The Committee notes the observations of the Republican Union of Employers of Armenia (RUEA) and the Confederation of Trade Unions of Armenia (CTUA), communicated together with the Government’s report.

Article 2(1) of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s brief report, in which it indicates that models of documents used in the procurement procedure are approved by Order No. 667-A of 2 August 2013 issued by the Minister of Finance. It further notes section 16(2)(d) of the Law on Procurements of the Republic of Armenia, 2005, which provides that, in regulating and coordinating procurement procedure, the authorized body “approves the model document forms used in procurement procedure”. The Committee recalls that, for a number of years, it has requested the Government to specify the manner in which effect is given to the core requirement of the Convention set out in this Article, namely the requirement that labour clauses be inserted into public contracts to ensure that the workers engaged in the execution of such contracts receive wages (including allowances), hours of work and other conditions of labour which are not less favourable than those locally established for work of the same character in the trade or industry concerned, by either collective agreement, arbitration award or national laws or regulations. Once again, the Committee notes that neither the public procurement legislation nor the general labour legislation appear to contain provisions applying Article 2(1) of the Convention. The Committee therefore reiterates its request that the Government specify the manner in which effect is given to this Article in law and practice, and to communicate copies of model documents used in procurement procedures that contain labour clauses within the meaning of the Convention. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in order to bring its law and practice into full compliance with the requirements of the Convention.