Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mauritius (Ratification: 1969)

The Committee notes with interest the adoption of the Employment Relations Act, 2008 (ERA) which, once proclaimed, will replace the Industrial Relations Act 1973 (IRA) and introduce provisions against acts of interference as well as measures for the promotion of collective bargaining. The Committee requests the Government to indicate in its next report the progress made with regard to the proclamation of the ERA and to transmit the relevant text as soon as it enters into force.

The Committee also takes note of the comments of the Federation of Parastatal Bodies and other Unions (FPBOU) transmitted with the Government’s report, as well as the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 concerning the application of the Convention.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee takes note of the comments made by the FPBOU with regard to the prevalence of anti-union discrimination in the textile sector, especially vis-à-vis migrant workers. The FPBOU also refers to obstacles faced by unions in meeting workers inside or even outside the work premises. Finally, reference is made to the need to review the EPZ Act. The Committee notes from the Government’s report that it is an offence under the law to dismiss or discriminate against a migrant worker on trade union grounds and that regular visits to EPZs are carried out by the Ministry of Labour. The Committee requests the Government to reply in detail to the comments made by the FPBOU.

Article 2. Protection against acts of interference. The Committee’s previous comments concerned the need to adopt legislation providing for protection against acts of interference. The Committee notes from the Government’s report that sections 30 and 33 of the ERA prohibit acts of interference in the establishment, functioning or administration of a workers’ or employers’ organization. They also prohibit the practice of promoting or giving assistance to a trade union with the objective of placing it or maintaining it under the employer’s control. In its previous comments, the Committee had expressed the hope that in addition to the prohibition of acts of interference, the ERA would make provision for rapid appeals procedures, coupled with sufficiently dissuasive sanctions, in order to provide full and effective protection. The Committee requests the Government to indicate in its next report the provisions of the ERA which establish rapid appeals procedures, coupled with sufficiently dissuasive sanctions against such acts.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously commented on the low rate of collective bargaining in export processing zones (EPZs). The Committee notes that according to the Government, the ERA contains measures to encourage collective bargaining in line with Article 4. The Committee regrets that the Government makes no reference to specific measures to promote collective bargaining in EPZs, as it had previously requested. It once again requests the Government to indicate in its next report the concrete measures undertaken to promote collective bargaining in the specific sector of the EPZs.

In its previous comments, the Committee had requested the Government to transmit its observations on comments made by the ITUC concerning restrictions on the right to negotiate salaries in the public sector. The Government indicates that the Committee on Freedom of Association enquired into a complaint made by the Mauritius Labour Congress with regard to legislative amendments adopted in June 2003 restricting the right of the Public Service Unions to declare a dispute in relation to remuneration or allowances of any kind (Case No. 2398), and that in its 338th Report, the CFA concluded that the complaint did not call for further examination. The Committee requests the Government to provide further information in its next report on the practice followed in 2007-2008 with regard to negotiations over salaries in the public sector.

The Committee also notes the comments dated 16 May 2007 by the National Trade Union Confederation (NTUC) with regard to the setting up of a National Pay Council (NPC) by the Government in a way which bypassed the right of workers’ representatives to be chosen freely by their respective trade union organizations. The Committee notes that the issue is treated by the Committee on Freedom of Association in the framework of Case No. 2575 and that in its latest examination of this Case, the Committee on Freedom of Association requested the Government to continue to hold full and frank consultations with the representatives of the social partners whose representativeness has been objectively proven, on ways to improve the composition and functioning of the NPC. The Committee requests the Government to indicate in its next report the progress made in these consultations and their outcome.