Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Administration Convention, 1978 (No. 150) - Mauritius (Ratification: 2004)

The Committee notes the Government’s first report on the application of the Convention, received on 4 September 2006. It requests it to provide additional information on the following points.

Article 3 of the Convention. In many countries, national labour standards may be the result of collective agreements between employers’ and workers’ organizations which are authorized to negotiate and conclude them. This provision of the Convention sets forth the principle of recourse to direct bilateral negotiations as a possible way of settling matters relating to national labour policy, as collective agreements are an important means of creating national labour standards, which may either supplement legislative and regulatory texts in specific fields or may lay down basic labour standards that the legislator may subsequently adopt and complete. Although the negotiation of collective agreements lies essentially within the competence of the social partners, the public authorities may intervene, particularly by extending such agreements. In its 1997 General Survey on labour administration, the Committee also recalls that the system of labour administration may intervene also to contribute in smoothing out difficulties which may arise during the preparation of collective agreements (paragraphs 57, 58 and 59). While noting the Government’s indication that the Industrial Relations Act sets out a comprehensive code of practice for conducting collective bargaining on terms and conditions of employment, the Committee would be grateful if the Government would specify, in the light of the above, the fields of labour legislation which are or may be governed by collective labour agreements. It also requests the Government to provide details on the role played by the public authorities in the procedure for the preparation, implementation and extension of collective agreements.

Article 4. The Committee notes that labour administration bodies are not bound to submit reports on their respective activities to the Ministry of Labour, Industrial Relations and Employment, but that such information can be consulted on their respective web sites. The Government is requested to provide a copy of the structural plan of the labour administration system and the Internet addresses of the labour administration web sites. It would be grateful if the Government would also indicate the manner in which it is ensured that the labour administration system operates in an effective manner and that the functions and responsibilities entrusted to it are properly coordinated.

Article 5, paragraphs 1 and 2. Noting with interest the detailed information concerning the Human Resources Development Council established by Act No. 27 of 2003, the Committee also requests the Government to provide copies of the texts establishing and determining the functions and operation of the various tripartite committees participating in the labour administration system, such as the Labour Advisory Board (Part X of the Labour Act, as amended in 2004), the Advisory Council for Occupational Safety, Health and Welfare (the Occupational Safety, Health and Welfare Act, 1988) and the Tripartite Committee of the National Economic and Social Council, referred to by the Government in its report. The Government is requested to indicate the various levels (national, regional, local or enterprise) at which consultation, cooperation and negotiation take place between the public authorities and employers’ and workers’ organizations.

Article 9. The Committee would be grateful if the Government would provide detailed information on the manner in which it is ensured that any regional or local agencies to which particular labour administration activities may have been delegated are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. The Committee notes the information on the staffing of certain departments of the Ministry of Labour, Industrial Relations and Employment. It would be grateful if the Government would provide information in its next report on the staff numbers of the labour administration, their status and the budget allocated to it and its proportion in relation to the total Government budget.