Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Eswatini (Ratification: 1981)

Article 2(2) of the Convention. No established rates or conditions in the district concerned. The Committee has been noting for some years that no schedules have yet been prepared under section 135 of the Employment Act 1980, in case there are no rates established by collective agreement in the trade or industry concerned in the contract. Considering that collective agreements might not cover all categories of workers engaged in performing public contracts, the Committee requests the Government to keep it informed in future reports of measures to adopt such schedules, for instance on the occasion of current discussions on the draft employment bill.

Article 4(a)(iii). Posting of notices. The Committee has been requesting the Government to supply a specimen notice used to inform workers of the wage and other labour conditions applicable to them, in accordance with section 142 of the Employment Act. In the absence of response on this point, the Committee again requests the Government to communicate the model text, if any, of the notice that contractors have to keep displayed at the workplace for the information of their employees, as required under this Article of the Convention.

Part V of the report form. The Committee notes that the Government has not provided since ratification any general information concerning the application of the Convention in practice. It therefore requests the Government to transmit in its next report up to date statistics on the number of public contracts awarded and the approximate number of workers engaged in their execution, sample copies of public contracts or standard tender documents containing labour clauses, extracts from labour inspection reports showing the number of visits conducted, contraventions observed and sanctions imposed, etc.

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.