Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Costa Rica (Ratification: 1960)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the detailed explanations of the protection of labour conditions in Costa Rica, provided in reply to its previous comments concerning the application of Article 2 of the Convention.

The Committee recalls that the essential purpose of the Convention is to eliminate negative consequences of tendering for a public contract on the workers concerned by ensuring that, through the insertion of appropriate labour clauses in public contracts, the workers employed by a contractor enjoy wages and other conditions of labour which are not less favourable than those of other workers doing similar work.

The Committee further recalls that, by virtue of sections 1 and 2 of Decree No. 11430-TSS of 30 April 1980, clauses should be included in all public contracts covered by this Convention and that such clauses should refer in an express manner the tenderer’s compliance with the legal and contractual standards relating to wages and other employment conditions, not less favourable than those established for work of the same nature. The Committee therefore asked the Government in its earlier comments whether the terms of clauses to be included in public contracts had been determined after consultation with the organizations of employers and workers concerned (Article 2(3)), and whether measures were taken to ensure that persons tendering for contracts are aware of such terms of clauses (Article 2(4)).

The Committee notes that the Government’s report does not include information on these points, and indicates simply that the provisions of Decree No. 11430-TSS are complemented by the other labour legislation. The Committee asks the Government to supply information on the clauses actually included in public contracts by virtue of the provisions of the said Decree and to provide a specimen copy of the relevant part of a public contract including such clauses. It also asks the Government to indicate measures taken to make the requirements under this Decree known to persons tendering for public contracts.