Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Mauritius (Ratification: 2002)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with satisfaction that the amendment to section 20 of the Employment Rights Act 2008 (Act No. 33 of 2008) by the Employment Rights (Amendment) Act 2013 (Act No. 6 of 2013), which entered into force on 11 June 2013, replaces the words “the same type of work” with the words “work of equal value” thereby giving legislative expression to the principle of equal remuneration for work of equal value. The Committee asks the Government to provide information on the application in practice of section 20 of the Employment Rights Act, as amended, including any cases of violations detected by or brought to the attention to the labour inspection services. The Committee also invites the Government to organize awareness-raising activities on the principle of equal remuneration for work of equal value among workers, employers and their organizations, labour inspectors and other officials, as well as judges.

Article 2. Determination of minimum wages. Remuneration Regulations. The Committee welcomes the removal of discriminatory provisions prescribing wages on a gender basis for domestic workers in the new Domestic Workers (Remuneration) Regulations of 2010. The Committee notes that the National Remuneration Board (NRB) has recommended the review of the Cleaning Enterprises (Remuneration) Regulations; the Office Attendants (Remuneration) Regulations; the Electrical Engineering and Mechanical Workshops (Remuneration) Regulations, so as to remove all gender-specific job appellations and pay discrimination. The Government indicates that the Remuneration Regulations governing the salt manufacturing industry, the sugar industry and tea industry still contain different wage rates for male and female workers which are gradually being looked into by the NRB. While welcoming the continuous efforts of the Government to remove discriminatory provisions from the Remuneration Regulations, the Committee urges the Government to accelerate the process of reviewing and modifying Regulations establishing different wage rates for men and women, including in the salt manufacturing, sugar and tea industries, and containing gender-based appellations, which constitute direct discrimination based on sex. The Committee asks the Government to provide information on how it is ensured, when determining minimum wage rates by occupation, that female dominated occupations are not undervalued in comparison with male dominated occupations. The Committee also asks the Government to provide information on the status of revision of the Remuneration Regulations and copies of the relevant texts once they are adopted.

The Committee is raising other points in a request addressed directly to the Government.