Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Protection of Wages Convention, 1949 (No. 95) - Mauritius (Ratification: 1969)

Other comments on C095

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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The Committee notes the information provided in the Government’s report.

Article 10 of the Convention. In response to the Committee’s earlier comments, the Government indicates that the attachment of wages is only possible with the worker’s consent or by virtue of a court order for the purpose of securing the payment of an alimony. The Committee notes that Article 10 of the Convention provides for the protection of workers’ wages not only against attachment but also against assignment, and therefore asks the Government to supply information on the measures taken or contemplated to protect workers’ wages in respect of assignment in accordance with the provisions of the Convention. The Committee points out that, under Article 10(1) of the Convention, "wages may be attached or assigned only in a manner and within limits prescribed by national laws or regulations" which implies that national legislation has to determine the proportion of the wages which shall be immune from attachment or assignment enabling workers and their families to satisfy their basic needs. The Committee suggests that the Government may wish to consider introducing an overall limit with respect to attachment and assignment of wages comparable to that established under article 13(3) of the Labour Act with respect to deductions.

Part V of the report form. The Committee would appreciate the Government’s providing additional information on the manner in which Article 4 of the Convention is applied in practice, and in particular on the prerequisite conditions, if any, for obtaining an authorization for the partial payment of wages in kind under article 10(2) of the Labour Act of 30 December 1975.

The Committee hopes that the above comments will be taken into account and that the next report will contain information on the measures adopted to bring national legislation into conformity with the Convention.