Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Mauritius (Ratification: 1969)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) together.

Minimum wage system. Further to its previous comments, the Committee notes the information provided by the Government in its report, in particular the adoption of the National Wage Consultative Council Act, 2016, and the National Minimum Wage Regulations, 2017, which establish a national minimum wage covering all workers. Regarding the continued existence in the Remuneration Regulations of different minimum wage rates for women and men workers in certain sectors, the Committee refers to its examination of this issue under the Equal Remuneration Convention, 1951 (No. 100).

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

Articles 1 and 3 of the Convention. Minimum wage fixing machinery – Differentiated minimum wages for particular categories of workers. The Committee requests the Government to refer to the comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(5). Sub-minimum wage rates. The Committee notes the Government’s indication that 18 special permits have been granted between June 2004 and May 2007 authorizing infirm or physically incapacitated persons to be remunerated at less than the statutory minimum pay rate. The Committee hopes that the situation with regard to special permits is strictly monitored to ensure that the overriding principle of equal remuneration for work of equal value is fully respected while protecting employment opportunities of physically or mentally handicapped workers. It would appreciate receiving more detailed information on the conditions and procedural safeguards accompanying the issuance of such special permits.

Article 5 in conjunction with Part V of the report form. The Committee requests the Government to continue transmitting up to date information concerning the manner in which the Convention is applied in practice.

The Committee requests the Government to reply to the points raised above in the light of Employment Relations Act No. 32 of 2008, in particular section 96, which maintains the possibility of individual authorizations for the employment of disabled persons at a rate lower than the applicable minimum wage. The Government is also requested to transmit the text of any new remuneration order applicable to agricultural workers or of any amendment to the remuneration orders currently in force.

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

The Committee notes the information provided by the Government in reply to its previous comments.

Article 2 of the Convention. Partial payment of minimum wages in kind. Further to its previous comment on this point, the Committee notes that the Employment Relations Bill, which is currently under consideration and which is expected to replace the Industrial Relations Act (Act No. 67 of 1973, as amended), makes no provision for the possibility of providing specified benefits or advantages in lieu of payment in cash. Based also on the information provided by the Government under Convention No. 95, the Committee understands that the partial payment of wages in the form of allowances in kind is no longer relevant in either law or practice. The Committee requests the Government to provide further clarification in this regard.

Article 3, paragraph 5. Sub-minimum wage rates. The Committee notes the Government’s indication that 18 special permits have been granted between June 2004 and May 2007 authorizing infirm or physically incapacitated persons to be remunerated at less than the statutory minimum pay rate. The Committee understands that the abovementioned Employment Relations Bill reproduces essentially the same provisions allowing for the payment of sub-minimum wages to disabled persons under exceptional circumstances. The Committee hopes that the situation with regard to special permits is strictly monitored to ensure that the overriding principle of equal remuneration for work of equal value is fully respected while protecting employment opportunities of physically or mentally handicapped workers. It would appreciate receiving more detailed information on the conditions and procedural safeguards accompanying the issuance of such special permits.

Article 5 in conjunction with Part V of the report form. The Committee notes the statistical information contained in the Government’s report concerning the number of inspection visits carried out in the sugar, tea, field crop and orchard, and livestock sectors and the amount of wage money recovered between June 2004 and May 2007. It also notes that at present 28,500 agricultural workers are covered by minimum wage regulations. The Committee requests the Government to continue transmitting up to date information concerning the manner in which the Convention is applied in practice.

In addition, the Committee refers to the comments made under Convention No. 26.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the information contained in the Government’s report and the attached documentation.

Article 2 of the Convention. The Committee notes the Government’s indication that the remuneration order regulations currently in force make no provision for the payment of wages in kind, and also that no authorization has been given nor request has been made to this effect under section 96(6) of the Industrial Relations Act. Should the Government intend to make use of this permissive provision in future, attention is drawn to the strict requirements of this Article of the Convention which provides only for the partial payment of minimum wages in the form of non-cash benefits that need to be appropriate and useful for the worker and his/her family and reasonably valued.

Article 3, paragraph 5. The Committee notes that in the last two years 13 permits have been granted in respect of workers employed in the sugar industry pursuant to section 98 of the Industrial Relations Act which allows for lower minimum wage rates to be applied to infirm and incapacitated persons. The Committee recalls once again that this should remain an exceptional measure designed to ensure adequate employment opportunities for the physically or mentally handicapped workers and that in principle the amount of remuneration should be determined on the basis of objective factors such as the quantity and quality of work performed.

Article 5 in conjunction with Part V of the report form. The Committee notes that according to the statistical information supplied by the Government, some 35,500 agricultural workers are presently covered by minimum wage regulations in the sugar, tea, field crop and orchard, and livestock sectors. It also notes that during the period from June 2002 to May 2004, there have been 276 inspection visits in agricultural undertakings. The Committee would be grateful to the Government for continuing to supply documented information on all aspects of the implementation and enforcement of the minimum wage legislation with respect to agricultural workers.

In addition, the Committee refers to the comments made under Convention No. 26.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the annexes thereto.

Article 2 of the Convention. With reference to section 96(6) of the Industrial Relations Act which provides for the possibility of paying workers’ remuneration partly in legal tender and partly in the form of non-cash benefits or advantages, the Committee requests the Government to supply additional information on the extent to which recently enacted remuneration order regulations provide for such method of payment, the nature of the most frequently authorized benefits or advantages, and any other particulars showing the manner in which the requirements of this Article of the Convention are given effect in practice.

Article 3, paragraph 5. As regards the reduced minimum wage rates applicable to disabled workers, the Committee notes the statistical information concerning the number of special permits granted in the period 1997-2002 in respect of physically handicapped workers employed in the sugar industry. The Committee recalls, in this regard, paragraph 176 of its General Survey of 1992 on minimum wages in which it concluded that the reasons that prompted the adoption of lower minimum wage rates for groups of workers on account of their disabilities should be regularly re-examined in the light of the principle of equal remuneration for work of equal value.

Article 5 in conjunction with Part V of the report form. The Committee notes the information regarding the approximate number of agricultural workers covered by the minimum wage legislation. It also notes the data on the number of inspections carried out and the amount of money recovered during the period 1997-2002 in the different branches of the agricultural sector. The Committee invites the Government to continue supplying up-to-date information on all aspects of the implementation and enforcement of the minimum wage legislation in respect of agricultural workers.

In addition, the Committee refers to the comments made under Convention No. 26.

[The Government is asked to report in detail in 2004.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

See under Convention No. 26, as follows:

The Committee notes the detailed information supplied in the Government's report.

The participation on an equal footing of the employers and workers concerned in the operation of the minimum wage-fixing machinery

Article 3, paragraph 2(2) of the Convention. According to the Government, the Industrial Relations Act (IRA), 1973 (Act No. 67 of 1973) does not provide for employers and workers to be represented in equal terms and equal numbers. The IRA is being reviewed with the technical assistance of the ILO and consideration is being given to bring the legislation in full conformity with the provisions of the Convention.

The Committee notes this information and recalls that one of the essential obligations under the Convention is that the minimum wage-fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. It requests the Government to supply information on any progress made in bringing the legislation in full conformity with the provisions of the Convention.

The minimum wage for female workers and young workers

The Committee points out that in various sectors of activities, such as field crop, livestock, carrying trade (messengers), salt manufacturing industry, sugar industry and tea industry, female workers and/or young workers received reduced minimum wages compared to those of male workers.

In this respect, the Committee wishes to refer to paragraphs 169 to 181 of its 1992 General Survey on minimum wages. As instruments concerning minimum wages contain no provisions for the fixing of different minimum wage rates on the basis of criteria such as sex, age or disability, the general principles laid down in other instruments have to be observed, and particularly those contained in the Preamble to the ILO Constitution which specifically refers to the principle of "equal remuneration for work of equal value". Therefore, the Committee considers that, although the Convention does not forbid the setting of lower minimum wage rates for female workers and young workers, the measures taken in this respect should take account of the principle of equal remuneration for work of equal value, and should prescribe criteria based, not on sex or age, but on objective factors such as the quantity and quality of the work performed.

The Committee requests the Government to provide detailed information on the grounds for reduced minimum wages for women and young persons working in the above-mentioned sectors of activities.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 26, as follows: The Committee notes the information supplied by the Government with its report, in particular the Regulations made as a result of the recommendations of the National Remuneration Board, which include wage rates to be applied to various categories of workers in several sectors, as well as the statistical data on the number of workers covered by the minimum wage fixing machinery.

The Government indicates that the special law review committee set up to review the Industrial Relations Act has submitted its report which will shortly be examined by the Government. The Committee notes this indication and reiterates the hope that action will soon be completed to bring the legislation into full conformity with Article 3, paragraph 2(2), of the Convention, which requires that the employers and workers concerned should be associated in the operation of the minimum wage fixing machinery in equal numbers and on equal terms. It requests the Government to indicate any progress made in this regard.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

See under Convention No. 26, as follows:

The Committee notes the remuneration under regulations amended as a result of the recommendations of the National Remuneration Board, and the statistical data on the number of inspections.

As regards its previous comments, the Committee recalls that Article 3(2)(2) of the Convention requires that the employers and workers concerned shall be associated in the operation of the minimum wage-fixing machinery, in equal numbers and on equal terms, as may be determined by national laws and regulations. The Committee notes that the Government considers that there is no urgent need to amend the Industrial Relations Act in order to bring the legislation into line with the Convention on this issue, as this is being complied with in practice.

The Committee once again expresses the hope that the Government will be able to take the necessary measures to bring the legislation into full conformity with the Convention, and that it will indicate the measures taken for this purpose in its future reports.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

See under Convention No. 26, as follows:

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observations which read as follows:

With reference to the comments of the Mauritius Labour Congress (MLC) on the application of the Convention, the Committee noted with interest the information supplied by the Government to the Conference Committee in 1985. It noted in particular that before the reconstitution of the National Remuneration Board, the Minister invited the five principal federations including the MLC for consultations in accordance with the law but the MLC decided not to come to the joint meeting with other workers' organisations on that particular day and met the Minister on the following day. It also notes that the composition of the Board now includes one workers' representative and one employers' representative, who were those persons proposed by one trade union federation and by the employers' federation. In this connection, the Committee noted that the Government is considering measures to give statutory effect to the Convention's requirements as regards equal representation of employers' and workers' organisations on the Board. The Committee hoped that the Government will be able to indicate what progress has been achieved with a view to bringing the legislation into conformity with the Convention on this point.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future and that it will communicate information on the progress achieved to this effect.