Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Migration for Employment Convention (Revised), 1949 (No. 97) - Mauritius (Ratification: 1969)

The Committee notes the comments by the Mauritius Employers’ Federation (MEF) and the Federation of Parastatal Bodies and Other Unions (FPBOU) attached to the Government’s report.

1. Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that the Government is undertaking a circular migration project aimed at identifying employment opportunities abroad, training Mauritians in skills required and facilitating their placement in jobs. The Ministry of Labour, Industrial Relations and Employment is responsible for facilitating the recruitment process and for examining the contracts of employment of workers recruited under the project. The Committee asks the Government to provide further details on the modalities of the circular migration project, the numbers of male and female migrants leaving under the project, the type of occupations in which they will be employed, and the skills training provided. Noting that a bilateral agreement with China has been signed on bilateral labour service cooperation, please provide a copy of this agreement.

2. Article 2. Services to migrants for employment. The Committee notes that the Special Migrant Workers’ Unit (SMWU) provides information and guidance to the persons leaving under the circular migration project before their departure. The SMWU also vets contracts of employment of foreign workers earning a salary of less than 20,000 rupees and provides translation services to foreign workers in order to be able to respond to their grievances and to facilitate communication between foreigners and the staff of the unit. Foreign workers can register their individual and collective complaints with the SMWU and tripartite meetings are held to resolve workers’ grievances. The Government further indicates that since the reinforcement of the SMWU in 2004 the number of work stoppages has been drastically reduced. The Committee asks the Government to provide information on: (a) the contents of the information provided by the Special Migrant Workers’ Unit to prospective workers seeking employment abroad and migrant workers coming to Mauritius; (b) whether any specific information and assistance programmes exist targeting female migrant workers leaving or entering Mauritius for employment; and (c) any other services or assistance provided by the SMWU to assist migrants for employment.

3. Article 3. Measures to combat misleading propaganda, including by private employment agencies. The Committee notes the Government’s statement that the Recruitment of Workers Act, 1993, and its implementing regulations protect workers against abuse and misinformation by private recruitment agencies. The Committee notes that the Act provides for a system of licensing and that licensees must notify the licensing authority of any vacancies abroad (section 5(3)), submit copies of the employment contract prior to departure of the recruited workers, and notify any changes in the terms and conditions of employment within 15 days (section 7(2)(3)). With respect to immigrant workers, the Government states that employers are required to submit a model contract of employment duly vetted by the SMWU and that regular inspections are carried out to ensure that authorized private recruitment agencies abide by the provisions of the law; appropriate action is also taken against unauthorized entities involved in illegal recruitment activities. The Committee asks the Government to indicate: (a) what specific action is being taken against authorized recruitment agencies as well as unauthorized agencies or employers for submitting employment contracts that contain erroneous information regarding the terms and conditions of employment; (b) what assistance is being provided to migrant workers who have been victims of misleading propaganda; and (c) any other measures, including awareness-raising campaigns on migrant workers’ rights, to combat abuse and disinformation.

4. Article 4. Measures to facilitate emigration for employment. The Committee recalls section 4(3) of the Recruitment Act, 1993, which provides that in order to approve the recruitment of a worker for employment abroad the responsible minister shall examine the candidate’s record for the past ten years, which is contrary to the Convention. Noting the Government’s statement that the repeal of section 4(3) will be initiated when the Recruitment Act of 1993 is being revised, the Committee urges the Government to take the necessary steps to correct the situation without delay and to keep it informed of the progress made.

5. Article 6. Equality of treatment. The Committee notes that the FPBOU is raising concerns that the hours of work of textile workers coming from Sri Lanka, Bangladesh and China exceed 70 hours a week, and is asking the Government to ensure that the provisions of the Convention and the national legislation are being applied. The Committee notes that the SMWU only vets the employment contract when the clauses of remuneration and other conditions of employment are not less favourable than those prescribed to nationals, and that regular inspections are carried out to ensure that employers are complying with the terms and conditions of employment of foreign workers. The Committee asks the Government to indicate the measures taken to address the situation of migrant workers from Sri Lanka, Bangladesh and China employed in the textile industry and to ensure that they are not discriminated against with respect to hours of work. Noting the statistics on the number of grievances dealt with by the SMWU, please indicate more specifically the nature of these grievances, in particular with respect to the application of the Convention and the national legislation in force, and the remedies provided. Please also continue to provide information on the implementation of the policy and legislation concerning equal treatment of foreign and national workers in all the matters covered by Article 6(1)(a)–(d) of the Convention. Such information should include whether any measures are being taken or envisaged to ensure that women migrant workers do not face multiple discrimination based on sex as well as their migrant status.

6. Article 9. Transfer of earnings. With respect to the compulsory payment of migrant workers’ wages directly to their country of origin, in particular with respect to China, the Committee notes the Government’s statement that one of the conditions imposed on the employers is that the payment of the total salary and other benefits be effected directly to the worker and this clause be included in the employment contract before vetting. The Committee asks the Government to confirm that wages of Chinese migrant workers are now paid directly to the worker, and provide information on any measures taken against employers that continue to pay the migrant workers’ wages to their country of origin. Please also indicate whether the bilateral agreement with China includes provisions to prohibit this practice.