Effect given to the recommendations of the committee and the Governing Body - Report No 342, June 2006

Case No 2281 (Mauritius) - Complaint date: 27-JUN-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 132. The Committee last examined this case, which concerns the need to revise the Industrial Relations Act (IRA) in conformity with freedom of association principles, at its November 2005 meeting. On that occasion, the Committee noted with regret that efforts made to amend the IRA had not resulted in the adoption of legislation based on broad consensus of social partners, and expressed its trust that efforts would be vigorously pursued to bring the IRA into full conformity with Conventions Nos. 87 and 98, and that the Government and social partners would continue fully to consult with a view to building consensus and preparing the ground for future legislation amending the IRA. The Committee requested to be kept informed of developments, and reminded the Government that ILO technical assistance remained at its disposal if it so wished [see 338th Report, paras. 241-250].
2. 133. In a communication dated 10 February 2006, the Government states that, following the general elections held in June 2005, the newly elected Government announced its determination to reform the industrial relations framework, to promote effective tripartism and to strengthen dialogue with social partners. The Minister of Labour chaired a first meeting on 21 November 2005 with representatives of trade union federations to lay the foundations of reform; it was generally agreed that they would submit representations based on the Employment Labour Relations Bill (ELRB) introduced by the previous Government and subsequently withdrawn. A technical committee was set up. On 20 December 2005, the Minister also met employers’ representatives, who agreed that further discussions would be based on the ELRB.
3. 134. On 30 November 2005, the technical committee met with the representatives of federations who agreed to send a common memorandum, which they did on 14 December 2005. That document did not contain any comments on the ELRB, but only a request that their views, expressed in memorandums submitted to the previous Government in January and December 2004, be incorporated in a new draft bill. It is worth mentioning that the federations had highlighted their disagreement only with clauses relating to: recognition and registration of trade unions; industrial disputes; and voluntary arbitration. Bilateral discussions took place on 17 January 2006, where the technical committee informed the federations that it was ready to listen to their proposals on issues agreed at the previous meeting. They however requested from the Minister a written commitment to the effect that the ELRB would be used for future discussion, observations and counter-proposals, either under a new name or a new bill altogether, incorporating the proposals of both the federations and employers’ organizations. Although it was conveyed to the federations that the technical committee, as previously agreed, was expecting their views and proposals on the basis of the ELRB, they maintained their position that they would come up with further proposals only when a new draft bill would be released.
4. 135. The technical committee has started the examination of the documents submitted in January and December 2004 by the federations and expects to complete the exercise by the end of February 2006; the federations have been so informed. At a meeting on 23 January 2006 between the technical committee and employers’ representatives, it was decided that the ELRB, embodying the views of both employers’ and workers’ organizations, would be the subject of future discussions with a view to building consensus. It was also decided that bipartite discussions would be held in the meantime with employers’ organizations, to identify those provisions of the ELRB that were contrary to principles advocated by employers.
5. 136. The Government is considering the drafting of a new bill, based on the proposals made by employers’ and workers’ organizations, as new issues have surfaced during discussions.
6. 137. The Committee notes this information and in particular the efforts made to achieve consensus through social dialogue. It trusts that these efforts will be vigorously pursued by all parties, and that the Government will do its utmost to ensure adoption of a legislation that is in full conformity with Conventions Nos. 87 and 98. The Committee reminds the Government that ILO technical assistance remains at its disposal if it so desires and refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.