Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the observation made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention, as well as the detailed comments provided by the Government in this regard.

The Committee notes that according to the ICFTU, trade unions and collective bargaining in the export processing zone (EPZ) are non-existent due to the repeated violation of fundamental principles and rights of workers by the employers and the lack of adequate legislative protection against acts of both anti-union discrimination and interference by the employers.

The Government responds by indicating that the Industrial Relations Act, not criticized by the experts as far as protection against anti-union discrimination acts is concerned, applies also in the EPZ and that out of 564 export enterprises, 71 are unionized. The Government recognizes that the rate of unionization is below 10 per cent in the EPZ but states that this rate is 12 per cent in the private sector. The Government states that it is supporting a national study, funded also by the ILO, carried out to better understand the causes of the low rate of unionization in Mauritius and to develop strategies for reinvigoration.

The Committee notes that the Government, referring to ICFTU’s allegations regarding the violation of trade union rights, points out the limited number of cases related to anti-union discrimination submitted to the Conciliation and Mediation Division from 2000 to 2001 (ten in total, four withdrawn after the intervention of officers of the Division, four settled following conciliation and two pending). Moreover, the Government indicates that no complaints have been put forward regarding harassment or anti-union dismissal in the EPZ.

Article 2 of the Convention. In its previous observation, the Committee expressed the firm hope that measures would be taken to adopt specific legal provisions in the near future to guarantee effective protection against acts of interference by the employers and their organizations in the activities of workers’ organizations and vice versa, and that such protection would be accompanied by effective and sufficiently dissuasive sanctions. The Committee had noted that the relevant authorities were examining the draft Labour Relations Bill and that consideration was given to the observations made by the Committee of Experts. The Committee requests the Government to pursue its endeavours and keep it informed of any progress in this regard.

Articles 4 and 6. The ICFTU states that the Government sets wage levels in the public sector. The Government underlines that trade union representatives are implicated in the decision process regarding statutory salaries as they sit in, or, are consulted by the different public bodies responsible in this matter: Civil Service Industrial Relations Commission, Civil Service Arbitration Tribunal, Pay Research Bureau, National Tripartite Commission and Central Whitley Council. The Committee recalls that trade union organizations should be able to settle directly with their employers the conditions of employment (including salaries) of civil servants not engaged in the administration of the State through collective agreements. The Committee hopes that this principle will be taken into account in the next version of the Industrial Act and that the recourse to compulsory arbitration in the public sector will be only possible in cases regarding civil servants engaged in the administration of the State.

Given the statement of the Government on the low rate of collective bargaining in the EPZ ("almost non-existent"), the Committee requests the Government to indicate, in its next report, any measures taken to promote collective bargaining and to guarantee the full application of Article 4 of the Convention in law and in practice in the EPZ.

The Committee requests the Government to keep it informed on all these issues concerning collective bargaining.