Part-Time Work Convention, 1994 (No. 175) - Mauritius (Ratification: 1996)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 7 of the Convention. Equivalent conditions for part-time workers with respect to termination benefits, annual leave and sick leave. Further to its previous comment, the Committee notes the Government’s explanations that part-time workers benefit from the severance allowance provided for in section 46(9) of the Employment Rights Act (i.e. payment of one quarter of a month’s remuneration for every period of 12 months) because they are excluded from the benefits of the Workfare programme set up under Part IX of the Act. The Committee notes, however, that full-time workers are entitled to either a severance allowance equal to three months’ remuneration for every period of 12 months of employment or a transition unemployment benefit under the Workfare programme of at least 3,000 Mauritian rupees per month for up to 12 months. The Committee recalls, in this regard, that Article 7 of the Convention requires measures to ensure that part-time workers receive conditions equivalent (i.e. not necessarily identical provided that they ensure not less favourable treatment) to those of full-time workers in respect of termination benefits. The Committee accordingly requests the Government to: (i) provide additional information on the reasons for excluding part-time workers from the Workfare programme; and (ii) explain how the considerably more favourable treatment afforded to full-time workers with respect to termination benefits may be qualified as “equivalent conditions” within the meaning of Article 7 of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its previous comments, the Committee notes with interest the adoption and entry into force of the new Employment Rights Act 2008, in particular section 2 which reproduces to the letter the definitions of the terms “part-time worker” and “comparable full-time worker” contained in Article 1 of the Convention. It also notes that under the same section, the definition of the term “worker” includes a part-time worker which implies that – unless otherwise expressly provided – the protective coverage of the new Employment Rights Act applies to all full-time and part-time workers without distinction.

Article 4(b) of the Convention. Occupational safety and health. The Committee notes that the new Occupational Safety and Health Act 2005 does not make any distinction between full-time and part-time workers.

Article 4(c). Discrimination in employment and occupation. The Committee notes with interest section 4 of the Employment Rights Act which introduces for the first time a general prohibition against discrimination in employment or occupation as well as in respect of access to employment or occupation.

Article 7(a). Maternity protection. The Committee notes with interest that compared to the previous Labour Act of 1975, the new Employment Rights Act 2008 provides for expanded maternity benefits (section 30), including maternity leave of 12 weeks on full pay, nursing breaks, limitations to the types of tasks pregnant workers can perform, no overtime allowed two months before confinement and protection against unfair dismissal.

Article 7(b). Termination of employment. The Committee notes that, under Parts IX and X of the Employment Rights Act, workers whose employment contract is terminated can opt for either admission to the Workfare Programme or payment of severance allowance. As regards the Workfare Programme, the Committee notes that this newly created programme entitles workers to receive a transition unemployment benefit and assistance in job-placement, training or for starting up a small business (section 41). According to section 40, however, for the purposes of this part of the Employment Rights Act, the term “worker” does not include part-time workers. With respect to severance pay, the Committee notes that for full-time workers severance allowance is a sum equivalent to three months remuneration for every period of 12 months of continuous employment (section 46(5)(d)), whereas for part-time workers severance allowance is a sum equivalent to one quarter of a month’s remuneration for every period of 12 months (section 46(9)). The Committee accordingly requests the Government to explain how it is ensured that the conditions on termination of employment applicable to part-time workers are equivalent to those for full-time workers, in particular as regards the scope of the Workfare Programme and the method of calculation of the severance allowance under the new Employment Rights Act.

Article 8, paragraphs 2 and 3. Thresholds for exclusion from social security schemes. The Committee notes the Government’s indication that the salary threshold under which contributions are not payable to the National Pensions Scheme, as of May 2008, is set at 830 rupees (MUR) (approximately US$27) for household workers and MUR1,380 (approximately US$45) for all other workers and that the prescribed thresholds are revised on an annual basis in line with an increase in earnings. It also notes that as from next year, the Central Statistics Office is expected to collect information on the number of part-time workers excluded from the National Pensions Scheme through the Continuous Multi-Purpose Household Survey questionnaire. The Committee would appreciate receiving all relevant statistical data as soon as they become available.

Part V of the report form. Application in practice. The Committee requests the Government to continue providing up to date and documented information on the practical application of the Convention, including the number of workers covered by the measures giving effect to the Convention, recent trends in part-time work, extracts from inspection reports showing the number and nature of infringements observed, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 4(c) of the Convention. Discrimination in employment and occupation. The Committee notes that, according to the Government’s report, part-time workers do not suffer from discrimination and enjoy the same rights and benefits as full-time workers. The Committee stresses, however, that this provision of the Convention is aimed more particularly at ensuring that part-time workers enjoy the same protection as other workers with regard to discrimination in employment and occupation based on criteria such as race, colour, sex, religion, political opinion, national extraction, nationality, ethnic or social origin, disability or age. What emerges from the preparatory work of the Convention is that this list does not appear in the Convention due to concerns regarding simplification. Consequently, the Committee requests the Government to indicate whether such protection is effectively afforded to part-time workers and, if so, to specify the relevant provisions.

Article 7(a) and Article 8, paragraph 1(b). Maternity protection. The Committee notes that, by virtue of section 47A of the Labour Act, as amended in 1996, female part-time workers enjoy the right to maternity leave under the same conditions as those applicable to female full-time workers in a similar situation. It requests the Government to indicate whether they are similarly covered by other measures concerning maternity protection: protection of the health of the mother and that of the child, medical care, transfer to a more appropriate post if necessary, protection against redundancy and nursing breaks. The Committee also notes that, according to the Government’s report of 1999, workers whose working hours are below certain thresholds are not covered by the measures prescribed in Article 7 of the Convention. It draws, however, the Government’s attention to the fact that, in accordance with Article 8, paragraph 1(b), of the Convention, such an exclusion is not allowed with regard to "maternity protection measures other than those provided under statutory social security schemes". Measures such as the protection of pregnant women against work likely to harm their health and that of their unborn children should therefore cover all female workers, be they employed on a full-time or part-time basis. In this regard, the Committee recalls that maternity protection is especially important for part-time workers, who, for the most part, are women, as was stressed during the discussions which took place during the Conference which led to the adoption of the Convention. The Committee also takes this opportunity to recall that none of the three Conventions on maternity protection (incidentally not yet ratified by Mauritius) provides for such an exclusion. Consequently, the Committee requests the Government to indicate whether all female part-time workers, whatever the duration of their hours of work may be, are covered by the maternity protection measures listed above.

Article 8, paragraphs 2, 3(b) and 4. The Committee notes that, as of May 2003, the wage rates below on which no contributions to the national pension system need be made were, respectively, 585 rupees per month for domestic workers and 975 rupees per month for all other workers. It also notes that these thresholds are henceforth revised annually according to the consumer price index. Furthermore, the Committee notes that there are currently no statistics regarding the precise number of part-time workers excluded from the national pension scheme but that a request will be made to the Central Office of Statistics asking it to look into the possibility of making such data available. The Government is invited to transmit this information as soon as it is available. Finally, the Committee again requests the Government to indicate whether it intends to progressively extend protection to those workers who have been excluded, in consultation with the most representative employers’ and workers’ organizations, as provided for by this Article of the Convention.

Part V of the report form. The Committee notes the statistics provided by the Government in its report and requests it to continue providing general indications on the application of the Convention in practice, including extracts from labour inspectorate reports and, if possible, information on the number of workers protected by the measures giving effect to the Convention, as well as the number and the nature of any violations recorded.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the detailed information supplied in the Government’s first reports. It requests the Government to provide further information on the following points.

Article 4(c) of the Convention.  The Committee notes that by virtue of section 49(1) of the Industrial Relations Act, 1973, and section 3(1) of the Occupational Safety, Health and Welfare Act, 1988, part-time workers are guaranteed the same protection as comparable full-time workers in matters of trade union rights and occupational safety and health. The Committee would appreciate receiving additional information on measures taken or envisaged to ensure that part-time workers receive the same protection as that accorded to comparable full-time workers in respect of discrimination in employment and occupation in accordance with the requirements of the Convention in this respect.

Article 8(2), (3)(b) and (4). The Committee notes that the prescribed salary thresholds under which contributions are not payable to the National Pensions Scheme are Rs.419 monthly for household workers and Rs.699 monthly for all other workers. It notes the Government’s statement that these thresholds are low, thereby allowing a household worker performing a minimum of 15 hours of work per week or an unskilled worker in the export processing zone performing a minimum 25 hours of work per week to be covered by the Scheme. The Committee also notes that the prescribed salary thresholds are normally reviewed every two years and increased in line with the consumer price index. The Committee requests the Government to make an effort to establish the precise number of part-time workers who are currently excluded from the National Pensions Scheme with a view to ensuring that these workers do not represent an unduly large percentage of part-time workers. It also requests the Government to indicate whether consideration is given, in consultation with the most representative employers’ and workers’ organizations, to the progressive extension of protection to the workers excluded as set forth under this Article of the Convention.

Part V of the report form. The Committee notes that according to the information supplied by the Government, part-time work is not pronounced and it mainly manifests itself in households. In the course of labour inspection visits, 203 cases of part-time work were reported while the number of part-time workers in the public sector is 266. The Committee would be grateful to the Government for continuing to provide general information concerning the application of the Convention in practice, including extracts from inspection reports containing the number and nature of infringements reported and the penalties imposed, the number of workers covered by relevant legislation and any other particulars bearing on the fulfilment of the practical conditions prescribed by the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with satisfaction that, in amending in 1996 the Labour Act, 1975, the Government took due account of the provisions of the Convention with a view to ensuring its application.

The Committee would appreciate receiving additional information regarding other points raised in a request addressed directly to the Government.