Labour Clauses (Public Contracts)
Labour Clauses (Public Contracts) : ILO Convention No. 94 (1949) aims to ensure minimum labour standards in the execution of public contracts. The Convention deals with all contracts involving the expenditure of public funds awarded by central public authorities to another party employing workers for construction, demolition and so on, of public works, the manufacture of materials, supplies or equipment, or the performance or supply of services. The Convention also applies to work carried out by subcontractors. Exemptions are authorized for contracts not exceeding an amount fixed after consultation with the organizations of employers and workers concerned. Public contracts shall include clauses ensuring to the workers wages (including allowances), hours of work and other conditions of labour that are not less favourable than those established for work of the same character by national laws or regulations, collective agreements or arbitration awards. The Convention provides for measures to ensure fair and reasonable conditions of health, safety and welfare for the workers concerned. It calls for the publication of texts giving effect to its provisions, for a system of inspection, for sanctions (such as the withholding by public authorities of contracts for failure to observe and apply labour clauses in public contracts) and for measures enabling the workers concerned to obtain the wages to which they are entitled (notably by the withholding of payments due to the employer under the terms of the public contract by the authorities). In cases of force majeure, or in the event of emergency endangering national welfare or safety, the operation of provisions of the Convention may be temporarily suspended after consultation with the organizations of employers and workers concerned
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