Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee takes note of the Government’s report.

Article 2 of the Convention. Protection against acts of interference. In its previous observation the Committee had noted that the authorities were examining a draft Labour Relations Bill and would consider adopting specific legal provisions to guarantee effective protection against acts of interference by the employers and their organizations in the activities of workers’ organizations and vice versa, as well as effective and sufficiently dissuasive sanctions in this respect. The Committee notes from the Government’s report that the Government is presently examining the replacement of the Industrial Relations Act (IRA) by new legislation with ILO assistance; the provisions of Article 2 have been considered in this framework and steps are being taken to include relevant provisions in the new legislation. The Committee requests the Government to pursue its endeavours in this direction and to keep it informed of progress made.

Articles 4 and 6. Promotion of collective bargaining in the public service. In its previous comments, the Committee had noted that the Government set wage levels in the public sector through various public bodies (Civil Service Industrial Relations Commission, Civil Service Arbitration Tribunal, Pay Research Bureau, National Tripartite Commission and Central Whitley Council) and requested the Government to take account of the principles of free and voluntary collective bargaining for the determination of the conditions of employment (including salaries) of civil servants not engaged in the administration of the State. The Committee notes that according to the Government, there is consensus by all stakeholders including trade unions representing civil servants, that negotiation on peripheral issues are held at the level of the Central Whitley Council whilst salaries as well as terms and conditions of employment are dealt with by the Pay Research Bureau which is an independent body and makes its recommendations every five years pursuant to consultations with both management and the staff. After each review, officers are given the opportunity to opt for the revised salaries, terms and conditions of employment. The Government also points out that autonomous public enterprises do not fall under the purview of the Ministry of Civil Service Affairs and Administrative Reforms and that the term "civil servants" refers only to officers employed in the civil service. Thus, as the distinction between civil servants and persons employed by the Government but not engaged in the administration of the State is not clear in the particular circumstances, it is not envisaged to include the principle of collective bargaining for public servants in the new version of the IRA. The Committee takes note of this information.

Article 4. Promotion of collective bargaining in EPZs. With regard to its previous comments on the low rate of collective bargaining in the export processing zones (EPZs), the Committee notes that according to the Government, emphasis will be laid on collective bargaining at enterprise level in the new legislation under preparation to replace the IRA. In this respect, a tripartite workshop on freedom of association and collective bargaining was conducted on 6-8 July 2004 with the assistance of the ILO. In the course of the seminar, several measures have been advocated by stakeholders to encourage and promote voluntary negotiation and the regulation of terms and conditions of employment by means of collective agreements. A White Paper on the subject had been released and a draft bill will be presented to Parliament shortly. The Committee takes note of this information with interest. It requests the Government to indicate in its next report the steps taken for the adoption and enactment of the draft Bill as well as any particular measures adopted with regard to the promotion of collective bargaining in the specific sector of the EPZs.