Right of Association (Agriculture) Convention, 1921 (No. 11) - Mauritius (Ratification: 1969)

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

The Committee notes the Employment Relations (Amendment) Act 2013. The Committee also notes the Government’s explanation in reply to its request for information concerning the recent significant decrease in the number of workers belonging to trade unions catering for agricultural workers.

The Committee had previously noted that, under section 2 of the Employment Relations Act, the definition of the term “worker” refers to work under a contract of employment or apprenticeship with an employer by way of casual work, manual labour, clerical work or otherwise and however remunerated. It had requested the Government to indicate the legal provisions that grant trade union rights to self-employed workers in the agricultural sector. The Committee notes the Government’s indication that there is no legal provision in the current labour legislation granting trade union rights to self-employed workers in the agricultural or any other sector in Mauritius. The Committee recalls that the right of association guaranteed by the Convention applies to all persons engaged in agriculture, including independent workers, tenants, sharecroppers and smallholders. The Committee requests the Government to ensure including through legislative measures that self-employed workers in the agricultural sector, in particular agricultural workers working on medium-sized and smallholder farms, enjoy the same rights of association and combination as industrial workers, including the rights to form and join trade unions and to conclude collective agreements.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report as well as the adoption of the Employment Relations Act (ERA) 2008.

The Committee notes that, under section 2 of the ERA 2008, the definition of the term “worker” refers to work under a contract of employment or apprenticeship with an employer by way of casual work, manual labour, clerical work or otherwise and however remunerated. The Committee requests the Government to indicate in its next report the legal provisions that grant trade union rights to self-employed workers in the agricultural sector and in particular to agricultural workers working on medium-sized and smallholder farms.

The Committee observes from the Government’s report that between 2006 and 2010, while the number of trade unions catering for agricultural workers remained the same, workers belonging to these trade unions fell from 9,929 to 4,519. The Committee invites the Government to provide available information concerning this significant decrease.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

The Committee observes from the Government's report that between 1994 and 1999, the number of trade unions catering for agricultural workers decreased from 33 to 11 and that workers belonging to trade unions fell from 30,979 to 19,022. The Committee requests the Government to provide clarifications for these important decreases.

The Committee would like to recall that the Convention applies not only to plantation workers but also to all those employed in the agricultural sector.

[The Government is asked to report in detail in 2000.]