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

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Yémen (Ratification: 1969)

The Committee notes that neither Act No. 3 of 1997, concerning bidding, outbidding and government warehouses, nor the draft amendment to this Act, both of which are attached to the Government’s report, contains provisions for the inclusion of labour clauses in public contracts. It notes that the Government, in its report submitted in 1970 on the application of the Convention, stated that all public contracts included a clause under the terms of which all workers employed for the execution of such contracts enjoyed wages and conditions of work which were not less favourable than those applicable to state employees. The Committee asks the Government to indicate whether this statement is still valid and, if so, to give details of the measures taken to ensure that all public contracts actually contain labour clauses.

As regards the content of any such labour clauses, the Committee draws the Government’s attention to the fact that Article 2 of the Convention prescribes the inclusion in public contracts of clauses the content of which must be the subject of tripartite consultations and ensure to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations. The reference to state employees’ remuneration and other conditions of work does not therefore suffice to ensure the application of the Convention. Consequently, the Committee trusts that the Government will soon adopt all the necessary measures to ensure the inclusion in public contracts of labour clauses which comply with the requirements of the Convention. The Government is asked to keep the Committee informed of all developments in this respect.

In addition, the Committee notes that the Government is not currently in a position to supply copies of public contracts. It asks the Government to send copies of such documents as soon as it is in a position to do so.

Finally, the Committee draws the Government’s attention to the General Survey which it undertook this year on labour clauses in public contracts, which presents the law and practice of the member States in this area, and makes an assessment of the impact and current relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]