Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 2 and 5 of the Convention. Insertion of labour clauses in public contracts – Enforcement measures. Further to its previous comment, the Committee notes with interest the Government’s statement that the Ministerial Agreement of 21 November 1985 approving model labour clauses to be included in contracts concluded by public authorities is still in effect. The Committee recalls that for a number of years it has been requesting the Government to provide information on the measures taken to ensure that persons tendering for public contracts are aware of the terms of these labour clauses, for instance by advertising specifications, as required under Article 2(4) of the Convention. The Committee considers that informing tenderers of the exact scope and content of labour clauses is all the more important as neither the Public Procurement Act of 1992 nor the Public Procurement Regulations of 1992 contains any express reference to labour clauses. In the absence of any reply on this point, the Committee once more asks the Government to take all appropriate measures to give full effect to the requirements of Article 2(4) of the Convention. In addition, the Committee asks the Government to transmit together with its next report: (i) copies of public contracts containing the model labour clauses prescribed by the Ministerial Agreement of 1985; and (ii) documented information on measures to ensure compliance with the labour clauses, including adequate inspection and effective sanctions.