Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Guatemala (Ratification: 1952)

The Committee takes note of the Government’s report and of the observations by the Trade Union Federation of Public Employees of Guatemala (FENASTEG) and the Trade Union of Workers of Guatemala (UNSITRAGUA). The Committee notes that, although the above organizations mention Convention No. 94, among others, their observations provide no information enabling the Committee to ascertain whether there have been any breaches of its provisions.

The Committee observes that the Government’s report provides information on public administration personnel but does not reply to its previous comments. The Committee points out that the Convention applies to public contracts involving the employment of workers by the other party to the contract (Article 1, paragraph (1)(b)(ii), of the Convention), and that labour contracts between the public authority and its employees are outside the scope of the Convention. The Committee further points out that the purpose of including labour clauses in public contracts is to ensure compliance with socially acceptable standards in work done on the public sector’s behalf and to combat the intense competition involved in the bidding for such contracts, which may be an incentive for employers to economize on labour costs.

The Committee again requests the Government to provide, in accordance with Article 6 and Part V of the report form, all available information on the practical effect given to the Convention, such as: (i) copies of public contracts containing labour clauses; (ii) the measures adopted to ensure that persons tendering for public contracts are aware of the terms of the labour clauses; (iii) statistical information on the number of contracts and the workers covered by the legislation; (iv) the work of the bodies responsible for supervising labour clauses (infringements recorded, sanctions imposed, etc.); and any other information relevant to the application of the provisions of the Convention.