Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Mauritius

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) (Ratification: 1969)
Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1969)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) (Ratification: 1969)

Non-compliance with various provisions of Conventions Nos 12, 17 and 19. For more than 40 years, the Committee has been pointing out that the Workmen’s Compensation Act (Chapter 220), which remains applicable to certain categories of workers excluded from the application of the National Pensions Act, 1976, does not give effect to the following provisions of Convention No. 17: Article 5 (the principle of the payment of compensation in the form of periodical payments in the case of permanent incapacity or death), Article 7 (additional compensation for workers injured in such a way as to require the constant help of another person), Article 9 (free entitlement to the necessary medical and surgical aid), Article 10 (supply and renewal of artificial limbs and surgical appliances) and Article 11 (guarantees against the insolvency of the employer or insurer). Since 1999, the Government has been reiterating that a merger of the Workmen’s Compensation Act and the National Pensions Act, 1976 (NPA), which gives effect to the above provisions, was envisaged with a view to ensuring the full application of the Convention and that a Bill was before the National Assembly. The Committee notes from the information provided by the Government in its last report that the merger of the above legislation has still not been completed which results in the above provisions of the Convention not being applied to, inter alia, employees of the central government and of parastatal bodies and local authorities (earning less than a prescribed amount), to workers of the sugar industry and to foreign workers working in export processing zones residing less than two years in the country. All non-citizens employed in export manufacturing enterprises become insured persons under the NPA only if they have resided in Mauritius for a period of at least two years, during which they are entitled to compensation only under the provisions of the Workmen’s Compensation Act 1931 in breach of the principle of equality of treatment guaranteed by Article 1 of the Convention. In these circumstances, the Committee cannot but again request the Government to conclude the merger of the Workmen’s Compensation Act 1931 and the National Pension Act 1976 as soon as possible and to take other necessary measures to bring the national legislation fully in line with Conventions Nos 12, 17 and 19 for all the categories of workers protected by the Convention and to report on the measures taken in this regard.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 42 to which Mauritius is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.