Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Protection of Wages Convention, 1949 (No. 95) - Mauritius (Ratification: 1969)

The Committee notes the Government’s report and attached documents.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the Government’s explanations that there has been no application for obtaining an authorization for the partial payment of wages in kind under section 10(2) of the Labour Act and that this provision will be reviewed in the context of the revision of the Labour Act. The Committee has been in receipt of an advance copy of the Employment Rights Bill, which is currently under consideration, and in which any reference to a form of payment of wages other than in legal tender has been omitted. The Committee requests the Government to keep it informed of the ongoing process of revision of the Labour Act and to transmit a copy of the new legislation as soon as it is adopted.

Article 10, paragraph 2. Attachment of wages. The Committee recalls its previous comment concerning the need to determine the proportion of the wages which may not be subject to attachment or assignment in order to protect workers’ income security and enable them and their families to satisfy their subsistence needs. In its reply, the Government indicates that consideration is being given in the new legislation replacing the Labour Act to the introduction of an overall limit with respect to attachment and assignment of wages. The Committee requests the Government to keep it informed of any developments in this regard.

Part V of the report form. The Committee notes that according to the information provided by the Government, 3,670 cases of non-payment of wages were observed between June 2004 and May 2007, and MUR11.5 million (approximately US$366,700) were recovered. The Committee requests the Government to continue supplying up to date information on the application of the Convention, including more detailed information on any specific categories of workers or sectors of economic activity which would be particularly affected by problems of non-payment or delayed payment of wages.