Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the comments submitted by the Mauritius Employers’ Federation dated 11 May 2010, by the Confederation of Private Sector Workers (CTSP) dated 7 June 2010, and by the International Trade Union Confederation (ITUC) dated 24 August 2010, as well as the Government’s reply thereon. The Committee further notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2685 regarding alleged anti-union dismissals and the refusal to recognize a trade union (355th Report).

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous observation, the Committee noted the comments made by trade unions regarding the prevalence of anti-union discrimination in the textile sector, especially vis-à-vis migrant workers, as well as the obstacles faced by unions in meeting workers inside or even outside work premises. The Committee requested the Government to provide its observations thereon and recalled the importance not only of prohibiting acts of interference, but also of making provision for rapid appeals procedures coupled with sufficiently effective and dissuasive sanctions. The Committee notes from the Government’s report that the Employment Relations Act 2008 (ERA), which replaces the Industrial Relations Act 1973 (IRA), was proclaimed and took effect from 2 February 2009. The Committee notes with satisfaction that sections 30, 31 and 33 of the ERA clearly prohibit all acts of anti-union discrimination and interference – which were not sufficiently addressed by the IRA – and that sections 103 and 104 reinforce the sanctions applicable. It also notes that the Government indicates that these provisions apply to the textile sector, to export processing zones (EPZs), as well as vis-à-vis migrant workers.

Article 4. Promotion of collective bargaining. The Committee notes with satisfaction that the ERA includes a number of provisions which promote collective bargaining through different means (including the prohibition of unfair practices and the guarantee of the right to access the necessary information) and that it applies to all sectors, including EPZs.

Collective bargaining in the public sector. Furthermore, in its previous observations, the Committee had requested the Government to transmit its observation on the right to negotiate salaries in the public sector. The Committee takes note of the information provided by the Government in its report regarding negotiations over salaries in the public sector in 2007–08. The Committee notes, in particular, that the Pay Research Bureau constitutes the permanent and independent body in charge of keeping under review the pay and grading structures in the public sector. It further notes that the Bureau adopts a consultative approach when undertaking the general pay review every five years. The Government’s report adds that in 2007–08, although there were no negotiations over salaries in the public sector, extensive consultations took place in the context of the overall pay review (i.e. 1,275 consultative meetings and 2,600 written representations). The Committee also notes that the Government indicates that in its 2010–15 Programme, it announced that the National Pay Council will be phased out and that a tripartite mechanism will be instituted as a permanent forum for discussion among social partners, with a view to better understanding and responding to the challenges facing the country, and that appropriate consultations with stakeholders will be initiated to that effect. The Committee welcomes these consultations and recalls that bipartite collective bargaining is a fundamental element of the Convention. Finally, the Committee notes that, according to the CTSP, the number of collective agreements signed in 2009 has been reduced by 70 per cent. The Committee requests the Government to comment on this assertion.

The Committee requests the Government to provide in its next report statistical information on collective agreements in the country (number of agreements in the public and private sectors, subjects dealt with and number of workers covered) and to indicate any concrete measure undertaken to promote collective bargaining in the specific sector of EPZs as well as in the textile sector and vis-à-vis migrant workers. The Committee also requests the Government to provide information in its next report on any development regarding the institution of the abovementioned tripartite mechanism as a permanent forum.