Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 10 August 2006. The ICFTU’s comments mainly refer to issues previously raised by the Committee.

The Committee notes the conclusions of the Committee on Freedom of Association (CFA), in the follow-up of its recommendations respecting Case No. 2281 (see 342nd Report of the CFA, paragraph 137).

The Committee takes note of the Government’s “White Paper on a new legal framework for industrial relations in Mauritius”, released in 2004, in the context of, and further to the ongoing reforms to the labour law. The White Paper refers to a proposed new legislative framework for industrial relations, in the form of an employment and labour relations bill, and summarizes the main provisions of the proposed new legislation.

Article 2 of the Convention. Protection against acts of interference. The Committee had previously referred to the need to adopt legislation providing for protection against acts of interference. The Government indicates in this regard that no cases of interference had been reported during the period under review, and that the exercise for the replacement of the Industrial Relations Act (IRA) with new legislation is not over: the Bill containing, inter alia, the requirements of Article 2 of the Convention, was introduced in the National Assembly in April 2005, but the Government decided not to proceed further with the presentation of the said Bill following its rejection by both the workers’ and employers’ organizations. The Government adds that, following the general elections in July 2005, a new Government was installed and a new Technical Committee was established within the Ministry of Labour, Industrial Relations and Employment to review the IRA. As both the trade unions and the Mauritius Employers’ Federation had, in subsequent meetings of the Technical Committee, asked for the enactment of a new Bill embodying their respective principles and visions, the Government indicates that it will consider new proposals on the legislation before a new Bill is drafted. The Committee further notes that section 5 of the White Paper, which summarizes the proposed revisions to the legislation, contains an express prohibition against acts of interference by employers and employers and their organizations in the activities of workers’ organizations, and vice versa (Section 5.1.6). In these circumstances, the Committee once again expresses its firm hope that any new legislation adopted would not only expressly prohibit acts of interference by employers’ organizations in the activities of workers’ organizations – and vice versa – but also provide for rapid appeals procedures, coupled by sufficiently dissuasive sanctions, in order to provide effective protection against acts of interference. It once again requests the Government to continue to pursue its endeavours and to keep it informed of the progress made in the adoption of the new legislation.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously commented upon the low rate of collective bargaining in export processing zones (EPZs). In this respect, the Committee takes note of the Government’s indication that new collective bargaining provisions were also dealt with in the above-discussed deliberations. Accordingly, the Committee again requests the Government to indicate in its next report the measures undertaken to promote collective bargaining in the specific sector of the EPZs, and to transmit its observations on the ICFTU comments concerning restrictions on the right to negotiate salaries in the public sector.

The Committee reminds the Government that technical assistance from the ILO remains at its disposal and expresses the hope that the future legislation would be in full conformity with the requirements of the Convention.