Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mauritius (Ratification: 2005)

The Committee notes the observations made by the Confederation of Free Trade Unions and the State and Other Employees Federation, dated 26 August 2021, concerning matters examined by the Committee in the framework of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Legislative developments. In its last comment, the Committee noted the Government’s indication that a revision of the Employment Rights Act (2008) and the Employment Relations Act 2008 (ERA 2008) was under way. The Committee takes note of the Government’s indication that: (i) the Employment Rights Act (2008) was replaced by the Worker’s Rights Act 2019 (Act N° 20) with effect as of 24 October 2019; and (ii) the ERA 2008 was amended by the Employment Relations (Amendment) Act 2019 (Act N° 21) with effect as of 23 August 2019.

The Committee further notes that section 28(j) of the ERA 2008, as amended in 2019, provides for the establishment of the National Tripartite Council, which aims at promoting social dialogue and consensus building on labour, industrial relations or socio-economic issues of national importance and other related labour and industrial relations issues. Observing that the Council shall make recommendations to the Government on issues relating, inter alia, to the review of the operation and enforcement of the labour legislation, the Committee requests the Government to provide information on the recommendations made by the Council in relation to matters covered by the Convention, including any discussion and recommendations related to giving effect to the Committee’s comments.

Article 2 of the Convention. Right of workers to establish and join organizations without distinction whatsoever. Migrant workers. In its previous comment, the Committee observed that under section 13 of the ERA 2008 non-citizens needed to hold a work permit in order to be members of a trade union. Having noted the Government’s indication that a revision of the ERA 2008 was under way, the Committee requested the Government to take the necessary measures to ensure that all migrant workers, whether in a regular or irregular situation, enjoy, in law and in practice, the right to establish as well as join organizations without distinction whatsoever. The Committee notes that the Government reiterates that non-citizens in irregular situations are allowed to join a trade union once they are in possession of a valid work permit. The Committee observes that section 13 of the ERA 2008, on eligibility to trade union membership, was not amended in 2019 by Act N°21 and that consequently the requirement of holding a work permit in order to be a member of a trade union remains in place. The Committee recalls in this regard that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that any worker residing in the territory of a State, whether they have a work permit or not, benefits from the trade union rights provided for by the Convention. Regretting that the work permit requirement provided for under the ERA 2008 was not repealed by Act N°21, the Committee reiterates its request to the Government to take all measures in the near future to ensure the recognition of the right of all migrant workers to establish and join organizations of their own choosing. The Committee requests the Government to provide information on any developments in this respect.

Self-employed workers. Having observed that there was no legal provision in the labour legislation granting trade union rights to self-employed workers, the Committee requested the Government to hold consultations with social partners and other interested parties with the aim of ensuring, within the framework of the revision of the Employment Rights Act and the ERA 2008, that all workers, including self-employed workers, enjoy the right to establish and join organizations without distinction whatsoever. The Committee takes note of the Government’s indication that workers have the right to join trade unions under section 13 of the ERA 2008 and that individuals other than these workers, such as the self-employed, may form associations under the Registration of Association Act. The Committee recalls that the guarantees of the Convention apply to all workers without distinction whatsoever, including self-employed workers; in this regard, the Committee regrets to note that no modification was undertaken in the latest labour review. The Committee therefore requests again the Government to hold consultations with social partners, including organizations representing self-employed workers if they exist, with the aim of ensuring that all workers, including self-employed workers, enjoy the right to establish and join organizations without distinction whatsoever. The Committee requests the Government to provide information on the progress achieved in this respect.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office with respect to all issues raised in its present comments.

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