ILO Core Labour Standards in Procurement Law 2026

Definition: The ILO core labour standards are eight fundamental conventions of the International Labour Organization (ILO) which lay down universal minimum standards in the areas of freedom of association, forced labour, child labour and discrimination, and which can be invoked in public procurement law as minimum social requirements on contractors and their supply chains.

Last updated: January 2026 · Legal status: ILO Conventions Nos. 29, 87, 98, 100, 105, 111, 138, 182; § 128 GWB; § 91 BVergG 2018; Supply Chain Due Diligence Act (LkSG)

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What are the ILO core labour standards?

The ILO core labour standards are eight fundamental conventions of the International Labour Organization (ILO) which were recognised as universal minimum standards in the 1998 Declaration on Fundamental Principles and Rights at Work. They apply regardless of whether a state has ratified the respective convention and constitute the core of internationally recognised labour rights.

The eight core conventions:

No.	Topic	Content
29	Forced labour	Prohibition of forced and compulsory labour
87	Freedom of association	Right to form and join trade unions
98	Collective bargaining	Right to collective bargaining
100	Equal pay	Equal pay for work of equal value (gender equality)
105	Abolition of forced labour	Prohibition of certain forms of forced labour
111	Discrimination	Prohibition of discrimination in employment and occupation
138	Minimum age	Minimum age for admission to employment
182	Worst forms of child labour	Immediate action against the worst forms of child labour

ILO core labour standards in procurement law

In public procurement law, the ILO core labour standards may be incorporated into procurement procedures as conditions of performance, eligibility criteria or grounds for exclusion. § 128 GWB allows contracting authorities to set conditions for the performance of a contract that include social requirements, among them compliance with the ILO core labour standards in the supply chain.

Supply Chain Due Diligence Act (LkSG)

Since 1 January 2023 (for companies with 3,000 or more employees) and 1 January 2024 (1,000 or more employees), the LkSG has obliged German companies to comply with human-rights-related due diligence in their supply chains, drawing essentially on the ILO core labour standards. Companies in breach of the LkSG may be excluded from public contracts under § 22 LkSG (a discretionary ground for exclusion).

Austria

Austria has no statute comparable to the LkSG, but the EU Corporate Sustainability Due Diligence Directive (CSDDD 2024/1760) will introduce new due-diligence obligations in Austria too, which are to be transposed into national law. Contracting authorities in Austria can already today include the ILO core labour standards as conditions of performance in tender documents.

FAQ

Can contracting authorities exclude bidders for breaches of the ILO standards? Yes, where there are breaches of criminal law (e.g. forced labour, child labour) and as a discretionary ground for exclusion under the LkSG. General breaches of due-diligence duties do not lead automatically to exclusion.

Must bidders provide evidence of compliance with the ILO standards? The contracting authority may require declarations and evidence where it stipulates compliance with the ILO standards as a condition of performance. The nature and extent of the evidence must be proportionate.

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Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.