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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Mauritius (Ratification: 2004)

The Committee notes the Government’s first report and the documentation attached thereto.

1. Article 1. Definition of “member of the immediate family”. The Committee notes the definition of child in the Labour Act and the Child Protection Act 1994, and of dependent child in the National Pensions Act. It also notes that section 2 of the Sex Discrimination Act 2002 defines “family responsibility” as the responsibility of an employee to care for or support a dependent child or any other immediate family member who is in need of care or support, and “immediate family member” includes a spouse, child, grandchild, parent or grandparent.

2. Article 3. National policy. The Committee notes with interest that the Sex Discrimination Act 2002, provides comprehensive protection against discrimination on the basis of sex, marital status, pregnancy and family responsibilities in a wide range of areas such as employment, recruitment and selection for the purposes of training, apprenticeship and employment, as well as terms and conditions of employment, conditions of work, facilities offered in relation to employment, advancement, promotion or training, retrenchment or termination of employment (section 5). The Act also prohibits discrimination on these grounds against contract workers and by employment agencies and prohibits discrimination in relation to professions, trades or occupations (sections 10–12). The Committee further notes that a Tripartite National Conference on Work and Family held in 2003 proposed an Action Plan on Work and Family which included the following strategic objectives: (1) changing attitudes and behaviour related to the roles of men and women in work and family; (2) promoting family-friendly workplaces; (3) facilitating new working time patterns and organization; and (4) facilitating access to services for working parents. The Action Plan for a National Gender Policy (2005–15) also includes strategies to ensure that consideration is given to the roles of women and men at the workplace and within the family, including the formulation of programmes that work towards implementing the Action Plan on Work and Family. The Committee asks the Government to provide information in its next report on the practical application of the Sex Discrimination Act 2002, with respect to workers with family responsibilities, and on the implementation of the Action Plan on Work and Family as well as the Action Plan for a National Gender Policy (2005–15).

3. Article 4(a). Free choice of employment. The Committee notes the provisions of the Sex Discrimination Act 2002, prohibiting discrimination in employment and occupation as well as in vocational training and education on the basis of family responsibilities. The Committee notes from a study on “Discriminatory Practices in the Mauritian Labour Market” (2007), carried out in partnership with the UNDP and the ILO, that the occupational segregation and low economic activity rates of women can partly be explained by employers’ preferences for male workers due to perceived costs relating to maternity and women’s responsibility for family and childcare, as well as the lack of part-time employment opportunities and the fact that some jobs required long working hours. The Committee further notes from the study on work and family (2002) that child and elderly care remain an overwhelmingly female responsibility and that single-headed households, mostly women, face particular difficulties in combining their work and family responsibilities and are currently on the increase. It notes the statistics in the Government report on the number of male (10,733) and female (7,551) jobseekers with dependents in May 2006, as well as the statistics on the employed and unemployed heads of household classified by number of children. The Committee recalls that under the Convention measures can be taken essentially for women whose family responsibilities restrict their opportunity for economic activity. The Committee asks the Government to provide information in its next report on the practical measures and programmes undertaken, including under the Action Plan on Work and Family as well as the Action Plan for a National Gender Policy to enable workers with family responsibilities, and particularly female heads of household to choose freely the employment compatible to their needs, including part-time employment.

4. Article 4(b). Terms and conditions of employment. Special leave entitlements. The Committee notes the special leave entitlements relating to the marriage of an employee or the death of a spouse or close family member in a number of remuneration orders attached to the Government’s report. It also notes that the Action Plan on Work and Family provides that a review should be undertaken of the remuneration orders with a view to eliminating the barriers relating to part-time work and other family friendly working patterns. The Committee further notes the provisions in the Labour Act concerning maternity leave and allowance as well as daily breaks for nursing (applicable to all sectors in the private sector). It notes in this regard that section 32 of the draft Employment Rights Bill provides that where the Permanent Secretary or a government medical officer is of the opinion that no adequate arrangements exist to provide for the nursing of children for workers, he or she may by written notice give directions to the employer to make such arrangements. Furthermore, section 31 of the draft Employment Rights Bill provides for paternity leave of five continuous days for a male worker at the birth of the child of his spouse. Spouse is defined as the person with whom the worker has contracted civil and religious marriage and with whom he was living under a common roof at the time of delivery. Noting that the draft Employment Rights Bill appears to provide only for paternity leave for married fathers, the Committee asks the Government to consider amending section 31 of the Employment Rights Bill so as to provide paternity leave also to male employees who are not married upon the birth of their child but who are living under a common roof at the time of delivery. The Committee, referring to Paragraph 23 of Recommendation No. 165, also requests the Government to indicate in its next report whether any other measures are being taken or envisaged to provide special leave entitlements to workers with family responsibilities, including leave in cases of illness in the family. Please also provide information on any follow-up given to the recommendation to undertake a review of the remuneration orders with a view to eliminating barriers in the employment of workers with family responsibilities.

5. Flexible working time arrangements. The Committee notes that the Action Plan on Work and Family includes a strategic objective aimed at facilitating new working time patterns and that flexibility in working time is considered an important element that can help workers, especially women, to reconcile work and family responsibilities. The Committee notes that a study has been undertaken with the assistance of the ILO on “Working time in Mauritius” which was discussed at a tripartite technical workshop in 2005 and that a number of recommendations have been formulated to introduce flexible working time patterns with a view to addressing problems and challenges linked with balancing family life and work. The Committee also notes from the work and family study (2002) that workers in export processing zones (EPZs), mostly women, face long hours of work and have to work ten hours of compulsory overtime per week, which makes it difficult for them to take time for family responsibilities. Noting that the Ministry of Labour, Industrial Relations and Employment has set up a Tripartite Technical Committee to examine the implementation of the recommendations made in the report on “working time in Mauritius”, the Committee asks the Government to provide information in its next report on the practical follow-up given to the recommendations on flexible working time arrangements, and their impact on promoting equality of opportunity and treatment for workers with family responsibilities, especially those working in EPZs.

6. Social security. The Committee notes that the National Pensions Act provides for accrual of pension rights essentially on the number of pension points earned during a working career. According to the Government, the Act does not penalize a worker who has taken a long leave due to family responsibilities except to the extent that he or she will not earn any pension points if no wages were paid during such leave. The Government, however, acknowledges that there is currently no provision for enhancing the number of pension points actually earned for absences from work because of family responsibilities. The Committee asks the Government to indicate in its next report whether any studies or surveys are being undertaken or envisaged to assess the feasibility of providing for the accumulation of pension points for male and female workers during periods of absence from work due to family responsibilities under the National Pensions Act. Noting further that the unemployment hardship relief benefit scheme provides financial assistance to needy unemployed heads of household, the Committee asks the Government to provide information in its next report on the number of female and male heads of household with family responsibilities that have benefited from such assistance.

7. Article 5. Childcare and family services. The Committee notes from the study on work and family that in 2002, the problem of inadequate daycare services for children from birth to pre-primary school had become particularly acute and that the types of services available ranged from small nurseries to large daycare centres managed by organizations such as the Export Processing Zones Welfare Fund. However, in both cases the fees payable appeared to amount to a substantial part of a working parent’s income and the quality of the service might not be sufficient. The Committee notes that since then the Action Plan on Work and Family contains a number of strategies to improve care services, including childcare services, for working parents, and that the Action Plan for a National Gender Policy proposes action to enhance the institutional capacity and skills of childcare facilities and increase women’s access to such facilities. In this regard, the Committee notes that within the framework of the Child Protection Act 1994, the Institutions and Protection of Children Regulations 2000 regulate the activities of daycare centres, and that about 170 daycare centres have applied for registration, 146 of which have received their certificate of registration since January 2003. The Committee also notes that extensive training has been provided to daycare centre managers and caregivers and that the Mauritius Institute of Education jointly with the Mauritius College of the Air is conducting a distance learning programme on early childhood development (0–5 years) for caregivers of daycare centres together with pre-school teachers. The Ministry of Women’s Affairs has also issued a policy paper to increase community awareness on early childhood development as a key strategy for strengthening the caring capacities of families and communities. The Committee asks the Government to provide information in its next report on the following: (1) the progress made in implementing the proposed strategies under the Action Plan on Work and Family as well as the Action Plan for a National Gender Policy with respect to men’s as well as women’s access to childcare and other care facilities; (2) the number of adequate and affordable childcare facilities established, and the number of children covered in the various age groups; and (3) any obstacles encountered in establishing adequate childcare facilities for working parents.

8. Article 6. Educational and awareness-raising programmes. The Committee notes the efforts taken by the Government to raise awareness on the issue of work and family, including the study on work and family undertaken in 2002 which led to a National Conference on Work and Family in 2003 and a National Action Plan on Work and Family. It notes that one of the main strategic objectives of the Action Plan is to change attitudes and behaviours related to the roles of women and men in work and family. The Committee asks the Government to provide information in its next report on relevant studies, surveys or programmes undertaken, in cooperation with workers’ and employers’ organizations, including by the Sex Discrimination Division, to promote a broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also supply information on the programmes undertaken to address stereotyping with respect to family responsibilities.

9. Article 7. Opportunities to enter, to re-enter and to remain in the labour force. The Committee notes the Government’s general statement in its report that the Employment and Training Act 1963 enables all workers to obtain and retain employment best suited to their needs and preferences, irrespective of their family responsibilities, and provides access to vocational advice and guidance for all workers without discrimination. According to the Government, the employment service does not discriminate against workers with family responsibilities when submitting candidates for vacancies. The Committee notes that pursuant to sections 3(1) and 5(1) of the Employment and Training Act, the Minister may provide facilities and services for the purpose of assisting persons to select, fit themselves for, obtain and retain employment suitable to their age and capacity, and may provide vocational training courses for such persons, whether employed or not. The Committee notes, however, from the information provided in the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that statistics of 2005 of the Industrial and Vocational Training Board (IVTB) indicate that in more than 40 per cent of the full-time courses offered, no women had been enrolled. Figures for 2005 on female enrolment in part-time vocational training courses show a similar trend. The Committee asks the Government to provide information on the measures taken or envisaged by the Industrial and Vocational Training Board to increase the number of women in vocational training courses. Please also provide information on any other vocational training and employment programmes to enable workers with family responsibilities to enter or re-enter the labour market, as well as data disaggregated by sex on the number of jobseekers with dependents that have obtained and remained in employment.

10. Article 8. Non-discrimination (termination of employment). The Committee notes that the current Labour Act does not include a provision providing that family responsibilities shall not constitute a valid reason for termination of employment. However, section 38(1) of the draft Employment Rights Bill provides, inter alia, that a worker’s employment shall not be terminated by reason of family responsibilities. The Committee further notes that section 5(2)(e) of the Sex Discrimination Act 2002 prohibits the employer from discriminating against an employee on grounds of family responsibilities by retrenching or terminating the employment of the employee. The Committee asks the Government to provide information on any complaints submitted to the Sex Discrimination Division concerning termination of employment on the basis of family responsibilities, and to keep it informed of the progress made in the adoption of the Employment Rights Bill.

11. Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes that the social partners have been actively involved in the tripartite conferences on work and family (2003) and working time (2005) and that they will be called upon to contribute actively to the implementation of these recommendations. Furthermore, the Action Plan on Work and Family provides that the Government should explore with the social partners the measures that can be taken to encourage family friendly enterprises, and that efforts should be made to include family friendly arrangements in collective agreements. The Committee asks the Government to continue to provide information on the manner in which employers’ and workers’ organizations participate in devising and applying measures designed to give effect to the Convention, in particular the measures taken or envisaged, as well as the results achieved, to encourage family friendly enterprises and the adoption of family friendly arrangements in collective agreements.

12. Parts III–V of the report form. The Committee would be grateful if the Government would supply additional information on the practical application of the Convention, including information on the manner in which the supervisory authorities and mechanisms ensure the application of the Convention and the relevant national legislation, statistical data disaggregated by sex for the private and public sectors, judicial and administrative decisions, collective agreements and any relevant studies or guides developed on the subject covered by the Convention.