Dock Work Convention, 1973 (No. 137) - Mauritius (Ratification: 2003)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3 and 4 of the Convention. Permanent or regular employment of dockworkers. The Committee notes the indication that dockworkers are employed under the permanent pensionable regime (PPE) and are subject to the common pension system under the Social Contributions and Social Benefits Act, 2021. The Government states that the dockworkers remain entitled to lump sum payments under the National Savings Fund Act, 1995, in case of death or retirement, provided they have contributed to the Fund. According to the statistics provided in the Government’s report, the register included 1,278 dockworkers in 2022, excluding five contractual employees and ten trainees, employed under fixed term contracts. The Committee notes that the total number of registered dockworkers has remained stable over the past five years, however with a drop of 10 per cent in numbers since 2019. It further notes the Government’s indication that the post COVID-19 economic situation has affected maritime freight rates and will oblige the port handling company (Cargo Handling Corporation Ltd.) to reorganize its operations and procedures. In light of the above, while inviting the Government to continue to provide statistical information on the register of dockworkers, the Committee requests it to indicate the measures taken or envisaged to prevent or palliate the adverse effects on dockworkers of the reorganization of the operation of the ports to adapt to changes in the sector, and the reorganization which will be implemented in response to changes in maritime freight rates, as indicated in the report.

Article 5. Cooperation with the social partners. The Committee notes the indication that a new collective agreement for the sector is under negotiation, to replace the agreement signed in 2016. The Committee requests the Government to continue to provide information on the cooperation between the social partners related to improving the efficacity of work in the ports in the context of the reorganization of the operation of the ports to address changes in the sector, and to report on any progress regarding the conclusion of a new collective agreement.

Application in practice.The Committee requests the Government to provide general information on the manner in which the Convention is applied, including, for instance, copies of collective agreements or any regulations in force on dock work and the employment and working conditions of dockworkers, extracts from reports by the authorities responsible for the application of measures giving effect to the Convention, and information on numbers of dockworkers on the registers maintained and the variations in such numbers.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2 and 3 of the Convention. Permanent or regular employment of dockworkers. Registers. The Government reports that all employees are now employed on a permanent and pensionable establishment basis (PPE), with the exception of approximately 55 employees having completed less than one year of service, who are employed on a contract basis. At expiry of their contract of a definite duration and upon satisfactory work performance, these employees may be placed on a PPE. The Committee recalls that, in its first report, the Government had indicated that it was not necessary to assure a minimum period of employment or minimum income to dockworkers due to the favourable situation in the dock work sector at the time. However, the Committee notes that, currently, the number of dockworkers in the country has decreased by over 10 per cent since 2012, when there were 1,409 dockworkers on the registers, reaching 1,262 in 2017. The Committee requests the Government to indicate the measures taken or envisaged to prevent or mitigate any detrimental impact on dockworkers in the event of a downturn in the dock work sector. The Committee also requests the Government to provide information on the manner in which registered dockworkers are assured priority of engagement for dock work and are required to make themselves available for work. The Committee requests the Government to clarify the maximum length of time that dockworkers may be engaged on a contract basis and to indicate the number of such workers placed on PPEs at the expiration of their contracts.

Article 5. Cooperation with the social partners. The Government indicates that regular meetings are held between the Management of the Cargo Handling Corporation, Ltd (the Company) and the Port Louis Maritime Employees’ Association, the only union currently having sole negotiating rights following a referendum held on 7 March 2014 by the Employment Relations Tribunal. The Government adds that less frequent meetings are also held with the other four unions: the Port Louis Harbour and Dock Workers Union; the Maritime Transport and Port Employees Union; the Dock and Wharf Staff Employees’ Association; and the Stevedoring and Marine Staff Employees’ Association. The Government further indicates that three employee representatives sit on the Board of the Company and participate in decision-making. The Committee requests the Government to describe the arrangements for cooperation between employers’ and workers’ organizations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements.

Article 6. Vocational training, safety, health and welfare of dockworkers. The Government indicates that all dockworkers employed by the Company are insured persons under the National Pensions Act, 1976 and the National Savings Fund Act, 1995. The National Pension Fund guarantees social insurance for all insured dockworkers, providing an earnings-related contributory pension for old age, retirement, death and disability. It provides coverage for occupational accident or injury resulting in incapacity, subject to medical evidence. The National Savings Fund provides for payment of a lump sum at retirement or upon death to all employees who have contributed to the Fund. The Committee requests the Government to continue to provide information on the safety, health, welfare and vocational training provisions applying to dockworkers.

Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including, for instance, copies of collective agreements or any new regulations in force on dock work and the employment and working conditions of dockworkers, extracts from reports by the authorities responsible for the application of measures giving effect to the Convention, and information on numbers of dockworkers on the registers maintained and the variations in such numbers.

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 2007 direct request, which read as follows:

Repetition

Part V of the report form. The Committee notes the information provided by the Government in reply to its 2006 direct request, including the text of the Medical Emergency Response Plan and a list of initiatives taken by the Cargo Handling Corporation Ltd (CHCL) concerning safety, health, welfare and vocational training for dockworkers. The Government further states that some new employees have been offered a renewable two-year employment contract or may be offered permanent employment after the initial period of two years. Dockworkers are employed by the CHCL and are always available for work. In case of reduction in the strength of the workforce, negotiations with the unions have to be held and a voluntary retirement scheme may be introduced. The number of dockworkers on the register remains stable (966 dockworkers in 2006 and 957 in 2007). The Committee invites the Government to continue providing information in its next report on the results achieved through tripartite consultations in improving the efficiency of work in ports.

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

Part V of the report form. The Committee notes the information provided by the Government in reply to its 2006 direct request, including the text of the Medical Emergency Response Plan and a list of initiatives taken by the Cargo Handling Corporation Ltd (CHCL) concerning safety, health, welfare and vocational training for dockworkers. The Government further states that some new employees have been offered a renewable two-year employment contract or may be offered permanent employment after the initial period of two years. Dockworkers are employed by the CHCL and are always available for work. In case of reduction in the strength of the workforce, negotiations with the unions have to be held and a voluntary retirement scheme may be introduced. The number of dockworkers on the register remains stable (966 dockworkers in 2006 and 957 in 2007). The Committee invites the Government to continue providing information in its next report on the results achieved through tripartite consultations in improving the efficiency of work in ports.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the first report on the application of the Convention, which includes detailed information on the administrative practice of the Cargo Handling Corporation Ltd. (CHCL), the reports of the Salaries Restructuring Committee and other relevant data. It notes the Government’s statement indicating that all dockworkers are permanently employed and are remunerated on a monthly basis. It would be grateful if the Government would indicate the manner in which the requirements of Article 2, paragraph 2; Article 3, paragraphs 2 and 3; and Article 4, paragraph 2, of the Convention are assured for dockworkers.

2. The Committee notes with interest that a comprehensive policy on occupational safety and health has been formulated by the CHCL and has been implemented as from August 2004. It further notes that a tripartite workshop on occupational safety and health in the port sector was held in August 2005 in Mauritius with the assistance of the ILO. It requests the Government to include in its next report information on the results achieved by the initiatives taken by the CHCL in relation to the safety, health, welfare and vocational training for dockworkers (Article 6).