Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mauritius (Ratification: 2005)

The Committee notes the communication received on 1 September 2017 from Business Mauritius and the International Organisation of Employers (IOE), which contains observations of a general nature as well as observations relating to issues examined by the Committee below. It also notes the Government’s comments thereon.

Article 2 of the Convention. Right of workers to join organizations of their own choosing. The Committee had previously noted that under section 29 of the Employment Relations Act 2008 (ERA) as amended in 2013, a worker has the right to join only one trade union of his or her own choice in the enterprise where he or she is employed, or his or her bargaining unit. It had requested the Government to specify whether workers were able to join more than one organization, if they so wished. The Committee notes the Government’s indication that there is nothing to prevent or forbid a worker who is engaged in more than one occupation (i.e. the case of a part-time worker who possibly works in more than one establishment) to belong to a bargaining unit in each of the establishments they work for and as such to be a member of the relevant trade union. The Committee also notes that, according to Business Mauritius, nothing in the relevant provision precludes the worker, even if not engaged in more than one occupation, from joining another workers’ organization outside the bargaining unit. The Committee takes due note of this information.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes. In its previous comments, the Committee had requested the Government to amend: (i) section 78(3) of the ERA to ensure that account is taken only of the votes cast in determining the outcome of the strike ballot; (ii) section 82(1)(b) of the ERA so that compulsory arbitration may only be imposed at the request of both parties to a dispute, in the case of disputes in the public service involving public servants exercising authority in the name of the state or in essential services in the strict sense of the term; and (iii) section 82(1)(a) and (2) of the ERA so that a minimum service may not be imposed for the mere reason that the duration of a strike may affect a service or industry or employment. Noting the Government’s indication that these issues are currently being re-examined in the context of the revision of the Employment Rights Act and the ERA, the Committee expresses the hope that the Government will take all necessary measures to bring the above provisions into full conformity with the Convention in the near future, and requests it to provide information on the progress achieved in this respect.

In its previous comment, the Committee had noted that sections 67 and 77(b) of the ERA, as amended in 2013, provide that labour disputes may not be reported, nor recourse to strike allowed, when a collective agreement is in force, and had requested the Government to provide information on any compensatory procedures. The Committee notes that the Government merely indicates that these issues are being re-examined in the context of the current revision of the Employment Rights Act and the ERA. The Committee reiterates that, if legislation prohibits strikes during the term of collective agreements, this major restriction on a basic right of workers’ organizations must be compensated by the right to have recourse to impartial and rapid arbitration machinery for individual or collective grievances concerning the interpretation or application of collective agreements. Such a procedure not only allows the inevitable difficulties of application and interpretation to be settled during the term of an agreement, but has the advantage of clearing the ground for subsequent bargaining rounds by identifying the problems which have arisen during the term of the agreement. The Committee requests the Government once again to provide details on any such existing or envisaged compensatory procedures.

The Committee had previously requested the Government to take the necessary measures to ensure that workers and their organizations are able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends with a direct impact on their members and on workers in general. The Committee had noted the Government request for technical assistance from the Office on the issue. The Committee notes the Government’s indication that these issues are being re examined in the context of the labour law review under way. The Committee requests the Government to provide information on the progress made to ensure that workers and their organizations may have recourse to industrial action on matters of economic and social policy.

The Committee notes that, according to the 2016 observations of the Confederation of Private Sector Workers (CTSP) under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), only trade unions recognized by the employer voluntarily or through an order may have access to worksites with the express permission of management. Recalling that the right of organizations to organize their activities in full freedom encompasses the right of trade union officers to have access to places of work, the Committee requests the Government to provide its comments on the observations of the CTSP.