Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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. In response to the Committee’s previous comments, the Government indicates that it will coordinate with the competent authorities in order to ensure that the working conditions of contracted persons carrying out public works for which an enterprise has made a bid are not inferior to those established by law. The Government also refers to the audits carried out by the General State Comptroller of contracts concluded by public authorities. In its previous comment, the Committee emphasized the importance of ensuring that bidders in public calls to tender are aware of the scope and content of labour clauses, especially in view of the absence of an explicit reference to labour clauses in the Public Procurement Act and its implementing regulations. The Committee notes the adoption of Decree No. 9-2015 of 16 November 2015 issuing amendments to the Public Procurement Act, and Government Decision No. 122 2016 of 15 June 2016 issuing regulations under the Public Procurement Act. The Committee observes that there continues to be no explicit reference to labour clauses in these texts. The Committee once again 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 once again asks the Government to provide: (i) copies of contracts concluded by public authorities which contain the model labour clauses required by the Ministerial Decision of 21 November 1985; and (ii) documented information on measures to ensure compliance with the labour clauses contained in contracts concluded by public authorities, as required by the Convention, including information on adequate inspection and effective sanctions.