Workers with Family Responsibilities Convention, 1981 (No. 156) - Mauritius (Ratification: 2004)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) communicated with the Government’s report. as well as the corresponding reply of the Government.

Article 3(1) of the Convention. National policy. The Committee notes the Government’ s indications in its report regarding the adoption of the 2022–30 National Gender Policy (NGP), which outlines the key priorities, objectives, and strategies to achieve gender equality in various areas such as legislation, education, governance, employment, health, media, and environment. It observes that the NGP identified, as one of the main barriers to employment of married women, the difficulty in balancing work and family responsibilities (page 24). The NGP thus recommended the revision of labour laws and practices to allow introduction of flexible patterns of work and family friendly work practices that will enable better reconciliation of family responsibilities with paid work (see below for more details, page 40). Noting the absence of concrete information in this respect, the Committee requests again the Government: (i) to provide concrete information on the implementation of the sectoral gender policies formulated by ministries, as well as on equal opportunity policies formulated by employers, indicating how such policies and the action plan are enabling men and women to reconcile work and family responsibilities; and (ii) to provide information on the concrete actions taken to implement the 2022-2030 National Gender Policy.

Article 4. Leave entitlements. The Committee recalls that it has drawn the Government’s attention to the fact that providing paternity leave (5 continuous working days) only for married fathers (section 31 of the Employment Rights Act) may be considered discrimination based on marital status, which is prohibited by the Equal Opportunities Act (EOA). It takes note of the Government repeated explanation, namely that the issue of paternity leave for non-married (civilly or religiously) male employees is for the time being incompatible with Mauritian current social and cultural fabric and that the issue still requires much thought before any change is envisaged. The Government however points out that the workers concerned can still avail themselves of other leave entitlements provided under section 45 (annual leave) and 47A (leave to care for child, parents, and grandparents with healthcare related issues) of the WRA; and that that it is working on granting 30 days parental leave, either to the working mother or father as may be deemed appropriate in the circumstances. The Committee notes that, in its observations, the CTSP states that, while understanding the cultural mindset of the Mauritian society, marriage and birth of a child should be disconnected; even, if a child is “illegitimate”, it should not bear the brunt of society disapproval and benefit of the presence of the persons who conceived him or her. While taking note of the Government’s position, the Committee draws the Government’s attention to the fact that providing only paternity leave for married fathers may be considered discrimination on the basis of marital status, which is prohibited by the WRA. The Committee requests the Government to pursue the issue so that, with time, all fathers can eventually benefit from paternal leave, regardless of their marital status and to keep it informed of any development in this regard. The Committee asks the Government to provide statistical data on the extent to which paternity leave is in practice taken up.

Leave entitlements in the public sector. The Committee notes that workers in the public sector do not enjoy the right to paternity leave and that they have to resort to taking annual to attend to their wife following confinement. It thus notes an absence of clear provisions on paternity leave in the Public Service Commission Regulations No. 177/2010 and that only maternity leave is provided. Once again, the Committee wishes to stress that when legislation reflects the assumption that the main responsibility for family care and the household lies with women or excludes men from certain rights or benefits, it reinforces and prolongs stereotypes regarding the roles of men and women in the family and in society. In that regard, it recalls that in its 2016 report, the Pay Bureau Research (PRB) has recommended the introduction of a new family responsibility leave in order to grant a maximum of three days to public officers to cater for absences where the officer has to look after the family such as a sick child or elderly parents. The Committee encourages the Government to consider amending the Public Service Commission Regulations to provide workers in the public sector formal paternity leave and thus ensuring equal treatment with workers with family responsibilities from the private sector.

Working time arrangements. The Government indicates that, measures have been introduced to enable working parents to rearrange their working schedules so that they may spend more quality time with their children, with the consent of their respective employers, and wherever the possibility exist. The Committee notes with interest that the WRA provides now for different types of working time arrangements to facilitate the reconciliation of work and family responsibilities. For example, section 17 regulates teleworking; section 21 provides for compressed working hours (a 4-day week basis instead of a 5-day or 6-day week basis); and section 22 regulates flexi time arrangements. In its observations, the CTSP indicates that flexible working time should work both ways, whereas in Mauritius, flexibility is the decision solely of the employer: in practice, no demand from a worker will be entertained as the employer will systematically put forward the “exigencies of service” and thus will be protected by the law. The Committee also notes that the CTSP raised the issue of the impact of compressed working hours on export processing zones (EPZs) workers, and wishes to stress that workers should not be denied access to work organization entitlements, where they exist, or be subjected to acts of reprisal or suffer a negative impact on their career advancement or employment, when they take up these entitlements (see 2023 General Survey, achieving gender equality at work, paragraph 729). The Committee asks the Government to provide information on the application in practice of the parental leave provisions, as well as on recourse to flexible work arrangements in force, including statistical data, disaggregated by sex, of the number of women and men with family responsibilities exercising this leave and working arrangement options. The Committee also asks the Government to communicate information on the application in practice of these working arrangements, in particular compressed working hours, to EPZs workers. Taking into account the fact that some of these arrangements often penalize women in terms of their earnings and career development, it encourages the Government to also take measures to ensure that unpaid care duties are progressively equally shared between women and men.

Social security. The Committee recalls that: (1) the National Pensions Act provides for accrual of pension rights essentially on the number of pension points earned during a working career, (2) a worker who has taken a long leave due to family responsibilities will not earn any pension points if no wages were paid during such leave, and (3) there is no provision for enhancing the number of pension points actually earned for absences from work because of family responsibilities. The Committee notes an absence of information in the Government’s report on any measures envisaged to assess the feasibility of providing for the accumulation of pension points for male and female workers during periods of absence from work due to family responsibilities under the National Pensions Act. In this regard, it wishes to stress the importance of taking measures to ensure that periods of absence from work for the purpose of taking care of children or other family members requiring help are taken into account for the acquisition of social security rights and that such measures should be provided not only to women but to all persons with family responsibilities (see 2023 General Survey, achieving gender equality at work, paragraph 814). TheCommittee again encourages the Government: (i) to take measures, in consultation with the social partners, to assess the possibility of recognizing the periods spent caring for children or other family members under the social security scheme; and, more generally, (ii) to pursue gender-responsive social protection policies that ensure that social protection systems address gender-related risk over the life cycle.

Article 5. Childcare and family services and facilities. The Committee notes that section 52A of the WRA provides that an employer who has more than 250 workers shall provide, free of charge to the workers, childcare facilities on the premises of the workplace or within a distance of one kilometre from the workplace for their children (aged not more than 3 years). A guideline is currently being worked out in consultation among the ministries concerned with finance, labour and gender and representatives of business on the best manner to implement the measure. The Government states that the Social and Integration Empowerment Act (2016) provides for the setting up of empowerment programmes and schemes for persons living in absolute poverty through the Social Register of Mauritius (SRM) and the National Empowerment Foundation (NEF). Under this scheme, a Crèche Scheme has been introduced since February 2017; it aims at encouraging mothers of children aged between three months to three years to place them in registered child day care centres, thereby allowing their mothers to take up employment or follow a training course for the purpose of their empowerment. It further notes the Government’s indication that the Budget 2023-2024 has made provision for an enhanced amount of Rs3,000 (US$68) to be provided as monthly Creche Allowance. The Committee recalls that the lack of childcare facilities for very young children constitutes an obstacle to equality of opportunity for men and women workers wishing to reconcile their professional and family lives. It therefore welcomes the Government indication that the number of children enrolled in day care centres has increased over the years (5,733 children in 2021 and 5,398 in 2016). The Committee encourages the Government to take the necessary measures to ensure that adequate, affordable and accessible childcare and also family services and facilities are available. It asks the Government to continue to provide information, including statistics, on men’s and women’s access to childcare and other care facilities. Please also provide detailed information on the progress made in extending coverage of care services and facilities for other dependent members of the family, as well as the results achieved.

Article 6. Educational and awareness-raising programmes. The Committee notes the information provided by the Government on the activities undertaken to sensitize the education sector on gender-based violence. The Committee requests the Government to provide information on the measures taken to promote a broader public understanding of the need for a more equitable sharing of family responsibilities between men and women. Please also provide information on the programmes undertaken to address stereotyping with respect to family responsibilities.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that, in addition to the “Back to Work Programme”, the Human Resource Development Council (HRDC) has developed a number of programmes to train and reskill unemployed individuals, such as the National Training and Reskilling Scheme (NTRS); the National Skills Development Programme (NSDP); and the Graduate Training for Employment Scheme (GTES). The main objective of these programmes is to enable women who, after many years of being housewife or after having left their jobs for one reason or another, wish to join/rejoin the labour force to do so after they have been provided with special training schemes, which caters for at least 15 occupations. The Committee notes, from the statistical information provided by the Government that, in 2022, 66,900 heads of households (with children below 11 years) were enrolled in these programmes; whereas the number increased during the first quarter of 2023 to reach 66,400. While taking note of this information, the Committee notes an absence of statistical information disaggregated by sex on the number of jobseekers with dependents who have been recently placed. Knowing that women still bear a heavier burden of family duties, the Committee underlines the importance of collecting statistical information disaggregated by sex on the labour market situation of women and men workers with family responsibilities (see 2023 General Survey, achieving gender equality at work, paragraphs 301 and 302). The Committee asks the Government to indicate how the above-mentioned programmes have enabled workers with family responsibilities (both women and men) to become and remain integrated in the labour force. Please provide statistical information disaggregated by sex on the number of jobseekers with family responsibilities (including care for children and or other members of their immediate family who clearly need their care or support) who have benefited from employment services and other programmes and who have obtained employment.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee takes note of the information provided in this regard, which addresses its previous request.

Enforcement. The Committee notes that, during the period under review, no case of discrimination based specifically on workers with family responsibilities has been dealt with by the competent authorities, such as the Equal Opportunities Commission, the Commission for Conciliation and Mediation or the Employment Relations Tribunal. The Committee requests the Government to continue to provide information on the number and nature of complaints concerning workers with family responsibilities, both in the private and public sectors, dealt by the competent authorities, and in particular the Labour Inspectorate. Please, also indicate the measures taken to strengthen labour inspectors’ sensitivity to the issues of non-discrimination.

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

Article 3(1) of the Convention. National policy. The Committee notes the Government’s indication that as a result of the National Gender Policy Framework (NGPF) adopted in 2008, sectoral gender policies have been formulated by 25 ministries, and that a National Costed Action Plan on Gender Mainstreaming will be formulated by February 2017 to implement strategies and actions aligned with these sectoral gender policies. The Committee also notes that the Ministry of Gender Equality, Child Development and Family Welfare (MGECDFW) is developing a “Balancing Work and Family Life Programme” and that data are currently being collected to that end. The Government adds that pursuant to section 9 of the Equal Opportunities Act (EOA) 2008, which provides that employers shall develop and apply an equal opportunity policy, the Equal Opportunities Commission (EOC) has published “Guidelines for Employers” in April 2013. The Committee notes that these Guidelines explicitly state that discrimination on the basis of pregnancy, family responsibility and potential pregnancy constitutes discrimination on the basis of sex, and is prohibited by the EOA. The Committee requests the Government to provide concrete information on the content and implementation of sectoral gender policies formulated by ministries, the National Costed Action Plan on Gender Mainstreaming to be adopted in 2017, as well as on equal opportunity policies formulated by employers, indicating how such policies and the action plan are enabling men and women to reconcile work and family responsibilities. Please provide a copy of relevant actions and programmes implemented in both the private and public sectors, as well as of any other measures adopted to this end, specifying their results.

Article 4. Leave entitlements. The Committee refers to its previous comments where it noted that section 31 of the Employment Rights Act (ERiA) 2008, only provides for paternity leave of five continuous days for male workers who are married upon the birth of the child. The Committee takes notes of the Government’s reply that providing paternity leave to male employees who are not married involves a policy decision which at this stage cannot be entertained in view of its incompatibility with the Mauritian culture. It further notes the Government’s general indication that sensitization of workers during labour inspection visits at workplaces, as well as awareness-raising activities have taken place concerning section 32 of the ERiA which provides that where the Permanent Secretary or a government medical officer is of the opinion that no adequate arrangements exist for workers to provide for the nursing of children, he or she may by written notice give directions to the employer to make such arrangements. Drawing the Government’s attention to the fact that providing only paternity leave for married fathers may be considered to be discrimination on the basis of marital status which is prohibited by the EOA, the Committee requests the Government to elaborate on the rationale for such a requirement in the light of the principle of equality of opportunity and treatment in employment and occupation, and to indicate any practical measures taken or envisaged to ensure equivalent guarantee to male employees who are not married, in conformity with the Convention. The Committee again requests the Government to provide information on the number and nature of cases in which directions have been given to employers to make arrangements for the nursing of children, pursuant to section 32 of the ERiA.

Leave entitlements in the public sector. Referring to its previous comments on sections 30 to 32 of the ERiA providing for the possibility for male officers to benefit from the unused portion of the maternity leave in case of the death of their wife after delivery or to make use of vacation or casual leave, the Committee notes the Government’s indication that workers in the public sector do not benefit from specific paternity leave but are able to make use of other types of leave provided for in the national legislation around the birth of their child. Noting that, in its 2016 report, the Pay Bureau Research (PRB) has maintained these legislative provisions, the Committee recalls that when legislation reflects the assumption that the main responsibility for family care and the household lies with women or excludes men from certain rights or benefits, it reinforces and prolongs stereotypes regarding the roles of men and women in the family and in society. The Committee considers that, in order to achieve the objectives of the Convention, the measures to assist workers with family responsibilities should be made available to men and women on equal footing. The Committee further notes that the PRB has recommended the introduction of a new family responsibility leave in order to grant a maximum of three days to public officers to cater for absences where the officer has to look after the family such as a sick child or elderly parents. The Committee requests the Government to indicate whether any consideration is being given to providing workers in the public sector at least five days of paternity leave and thus ensuring equal treatment with workers from the private sector who already benefit from such a paternity leave. It also requests the Government to provide information on any measures taken or envisaged to ensure that leave entitlements in the public sector are available to both men and women on an equal footing. Please indicate any measure taken as a follow-up to the recommendations made by the PRB in order to introduce a new family responsibility leave for workers in the public sector.

Working time arrangements. The Committee previously noted the Government’s indication that, with the entry into force of the ERiA, there would, in principle, be no major legal impediments to the introduction of flexible working time arrangements. Noting the absence of information provided by the Government in this regard, the Committee again requests the Government to indicate how it is ensured that, under the ERiA, flexible working time arrangements, including part-time employment particularly for female heads of household, are feasible in practice. Please provide information on the number and nature of existing working time arrangements, including statistical information disaggregated by sex, and their impact on promoting equality of opportunity and treatment for workers with family responsibilities, especially those working in export processing zones (EPZs).

Social security. The Committee previously noted that the National Pensions Act provides for accrual of pension rights essentially on the number of pension points earned during a working career. It noted that a worker who has taken a long leave due to family responsibilities will not earn any pension points if no wages were paid during such leave and that there was no provision for enhancing the number of pension points actually earned for absences from work because of family responsibilities. The Committee notes the Government’s indication that self-employed and non-employed workers are able to contribute on a voluntary basis to the National Pensions Scheme and thus to accumulate pension points during periods of absence from work due to family responsibilities. The Government adds that while today there are 2,000 voluntary contributors, it is difficult to determine which workers among them are not working due to family responsibilities. The Committee notes from the statistical information provided by the Government the growing number of male and female beneficiaries of the unemployment hardship relief benefit scheme which provides financial assistance to needy unemployed heads of household (from 589 in 2011 to 1,096 in 2015). The Committee again requests the Government to indicate whether any studies or surveys are being undertaken or envisaged to assess the feasibility of providing for the accumulation of pension points for male and female workers during periods of absence from work due to family responsibilities under the National Pensions Act. Please provide information on any measures taken in this regard.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that as of May 2016, 401 day-care centres have applied for registration at the MGECDFW, among which 119 centres have been duly registered. It notes from the statistical information supplied by the Government, that since 2011 there has been a regular increase in the number of day-care centres (228 in 2011), as well as of children covered (3,274 in 2011 against 4,531 in 2015). The Government adds that a new survey started in August 2016 in order to create a new database of poor households under the Social Register of Mauritius which will determine the eligibility of vulnerable households for support from the National Empowerment Foundation (NEF). Taking note of the activities undertaken by the NEF under its Child and Family Development Programme from 2012 to 2015, the Committee requests the Government to provide information on the results of the survey started in August 2016, and its impact on men’s and women’s access to childcare and other care facilities. Please continue to provide statistics on the number of adequate and affordable childcare facilities established, and the number of children covered in the various age groups, as well as information on any obstacles encountered in establishing adequate childcare facilities for working parents.

Article 6. Educational and awareness-raising programmes. The Committee notes the Government’s indication that a major awareness-raising campaign has been undertaken with a view to promoting the work of the Equal Opportunities Commission (EOC) established in 2012 and sensitizing the whole population to the provisions of the EOA. The Government adds that the EOC has embarked on a human rights programme targeting youngsters with the collaboration of the Prime Minister’s Office. The Committee requests the Government to continue to provide specific information on the actions taken by the competent authorities, including the EOC, in order to promote a broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also provide information on the programmes undertaken to address stereotyping with respect to family responsibilities.

Article 7. Vocational guidance and training. The Committee notes the “Back to Work Programme” aimed at helping women above 30 years to integrate or reintegrate the labour market by undergoing a training programme designed according to their needs and capacity in order to be placed in private enterprises or with individual employers. It notes from the statistical information provided by the Government, that while 396 male jobseekers and 419 female jobseekers with no dependents were placed in the labour market in 2015, there were only 48 male jobseekers and 69 female jobseekers with more than two dependents who benefited from such placements. The Committee further notes that for both male and female registered jobseekers, the likelihood of being placed by the Employment Information Centres decreases as the number of dependents increases. It notes that, at December 2015, the number of registered female jobseekers was more than twice that of registered male jobseekers. While drawing the Government’s attention to the fact that programmes aimed at helping workers with family responsibilities to enter or re-enter the labour market should be aimed at both men and women in order to not reinforce stereotypical attitudes regarding the roles of men and women in the family and society, the Committee requests the Government to provide concrete information on the content and number of beneficiaries of vocational training and employment programmes, such as the “Back to Work Programme”, specifically implemented to enable workers with family responsibilities to enter or re-enter the labour market. Please continue to provide statistical information disaggregated by sex on the number of jobseekers with dependents who have benefited from such programmes and who have obtained and remained in employment. The Committee requests the Government to examine the underlying causes for low placement of jobseekers with more than two dependents.

Article 11. Cooperation with employers’ and workers’ organizations. Referring to its previous comments, the Committee notes the Government’s indication that the National Tripartite Forum (NTF) had not held any meeting since August 2012. It takes note of the establishment of the Manufacturing Sector Workers Welfare Fund (MSWWF) whose overall governance is entrusted to a tripartite Board and whose object is the advancement and promotion of the social and economic welfare of the workers of the manufacturing sector, their spouses and their children. The Committee notes that the MSWWF aims, among others, at providing support to families with children below school-going age and that a day care grant scheme has been implemented to this end which benefited nine families. The Committee requests the Government to continue to provide information on the measures taken by the Manufacturing Sector Workers Welfare Fund, and on the manner in which employers’ and workers’ organizations participate in devising and applying measures designed to give effect to the Convention, in both the private and public sectors. Please provide information on any provisions contained in collective agreements which are aimed at assisting workers in reconciling their work and family responsibilities.

Enforcement. The Committee notes the Government’s indication that no case concerning dismissal of workers due to their family responsibilities has been dealt with by the competent authorities. The Committee notes that since May 2012, the EOC has dealt with 25 complaints alleging discrimination on the basis of sex, which according to the national legislation includes discrimination by reason of pregnancy, family responsibility or potential pregnancy. The Committee requests the Government to provide additional information on the number and nature of complaints concerning workers with family responsibilities, both in the private and public sectors, dealt with by the EOC, the Equal Opportunities Tribunal, or any other dispute settlement bodies, and the outcomes thereof. Please provide information on any violations reported or detected by the labour inspectorate concerning workers with family responsibilities, as well as on the remedies provided or sanctions imposed.

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

Article 1. Definition of “member of the immediate family”. The Committee notes that Equal Opportunities Act No. 42 of 2008 was adopted. It also notes that section 5(3)(b) of the Equal Opportunities Act defines “family responsibility” as the responsibility of a person to care for or support a dependent child or any other immediate family member who is in need of care or support.

Article 3. National policy. The Committee notes that while section 4 of the Employment Rights Act No. 33 of 2008 prohibits discrimination in employment and occupation on various grounds including sex, sections 5 and 6 of the Equal Opportunities Act define direct and indirect discrimination on the ground of “status”. According to section 2 of the Equal Opportunities Act, status is defined to include marital status and sex; section 5(3)(a) of the Act provides that it is deemed to be discrimination on the ground of sex where one acts as he/she does because of the pregnancy, family responsibility or potential pregnancy of a person, or a characteristic of such person; and sections 10 and 11 of the Act prohibits discrimination by employers or prospective employers. The Committee also notes the Government’s indication that the Action Plan for a National Gender Policy (2005–15) had to be reviewed for more effective implementation, and the National Gender Policy had been revised into a National Gender Policy Framework (NGPF), which was adopted in 2008. According to the NGPF, taking into account unpaid, non-market work and achieving gender equitable work–life balance is one of the guiding principles, and the Government states that the NGPF provides the framework for each Ministry, Department and Agency to derive their organizational specific gender policy which will guide their strategic framework for programmes and budgeting. It further notes the Government’s indication that two programmes are being implemented by the National Empowerment Foundation in order for workers with family responsibilities to reconcile work and family responsibilities, and that the Ministry of Gender Equality, Child Development and Family Welfare (MGECDFW) is contemplating seeking consultancy services to, inter alia, develop a “Balancing Work and Family Life Programme”, for the creation of a family friendly work environment. The Committee asks the Government to provide information on the practical application of the relevant sections of the Equal Opportunities Act. It also asks the Government to provide information on the implementation of the National Gender Policy Framework, in particular, concerning the guiding principle of taking into account unpaid, non-market work and achieving gender-equitable work–life balance, and any other measures taken to promote a sharing of family responsibilities between men and women, as well as results achieved by such measures.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes that section 32 of the Employment Rights Act provides that where the Permanent Secretary or a government medical officer is of the opinion that no adequate arrangements exist to provide for the nursing of children for workers, he or she may by written notice give directions to the employer to make such arrangements. Furthermore, section 31 of the Employment Rights Act provides for paternity leave of five continuous days for a male worker at the birth of the child of his spouse, which applies to all sectors of employment in the private sector. “Spouse” is defined as the person with whom the worker has contracted civil and religious marriage, and according to the amendment made by Act No. 14 of 2009, he has to show in a written statement, that he is living with his spouse under a common roof. In this connection, the Committee had previously asked the Government to consider amending section 31 of the Employment Rights Bill so as to provide paternity leave also to male employees who are not married upon the birth of their child but who are living under a common roof at the time of delivery. In its latest report, the Government states that the issue involves a policy decision which at this stage cannot be entertained in view of its incompatibility with the Mauritian culture and the fact that Mauritius is still a highly conservative society. The Government also states that no measures to provide special leave entitlements to workers with family responsibilities in case of illness have been taken in view of the cost implications that these would have on enterprises. The Committee once again asks the Government to consider amending section 31 of the Employment Rights Act so as to provide paternity leave also to male employees who are not married, and to indicate any practical measures taken or envisaged to ensure equivalent guarantee to male employees who are not married, with a view to taking account of needs of workers with family responsibilities in terms and conditions of employment. It also asks the Government to provide information on the practical application of section 32 of the Employment Rights Act, including the number of cases in which directions are given to the employer to make arrangements for the nursing of children. Furthermore, recalling Paragraph 23 on the Workers with Family Responsibilities Recommendation, 1981 (No. 165), the Committee asks the Government to consider taking measures to provide special leave entitlements in cases of illness in the family, and to provide information on any progress made in this regard. Please also provide information on any follow-up given to the recommendation to undertake a review of the remuneration orders with a view to eliminating barriers in the employment of workers with family responsibilities.

Leave entitlements in the public sector. The Committee notes that sections 30–32 of the Employment Rights Act do not apply to a public officer or a local government officer (section 3(2)). It also notes that the Pay Research Bureau report 2008 includes recommendations with regard to leave entitlements in the public sector as follows: (1) female public officers, in the period of 12 months following the expiry of maternity leave may in addition to vacation leave either (i) take a maximum of nine months leave without pay; or (ii) six months leave without pay followed by six months part-time employment for half the working time on half pay; (2) around the time of child birth, fathers may take their normal casual leave entitlement as well as up to eight days from their accumulated vacation leave; the husband holding a substantive appointment or having completed one year’s continuous service should be granted parental leave on full pay of a duration equal to the unused portion of the maternity leave (or in a case of a non-working wife, hypothetical unused maternity leave computed as from the date of delivery), however, only following the death of a wife after delivery. The Committee draws the Government’s attention to the fact that the assumption that the main responsibility for family care and the household lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the objectives of the Convention. The Committee therefore considers that the measures taken in favour of workers with family responsibilities should be made available to men and women equally. The Committee asks the Government to indicate the legal status of the recommendations included in the Pay Research Bureau report, and any follow-up made to the recommendations. It also asks the Government to indicate any consideration being given to providing at least five days of paternity leave to workers in the public sector, as is already available for the private sector, as well as any measures taken or envisaged to ensure that leave entitlements in the public sector are available to men and women on an equal footing.

Working time arrangements. The Committee recalls its previous comments with regard to the work and the family study (2002), and the working time in Mauritius (2005) that workers in export processing zones (EPZs), mostly women, face long hours of work including compulsory overtime. The Committee notes that section 30(7) of the Employment Rights Act provides that a female worker is prohibited from working in excess of a normal day’s work or work during night shift, two months before her confinement, however there is no provision concerning flexible working time arrangements. In this connection, the Committee notes the Government’s indication that, with the entry into force of the Employment Rights Act, there would, in principle, be no major legal impediments to the introduction of flexible working time arrangements, in particular in the emerging sectors such as the Information and Communication Technologies enabled services, the seafood hub or the financial services sector. The Committee also notes the Government’s indication that, the Tripartite Technical Committee has not yet been established due to the lack of response and commitment particularly from the social partners, while at the initiative of the Ministry of Social Integration and Economic Empowerment, a study is being carried out by the Mauritius Employers’ Federation to identify any legal, regulatory or other constraints preventing people from taking up jobs on a part-time or flexible working time basis, and the report of the study is expected to be finalized in October 2011. The Committee asks the Government to indicate how it is ensured that, under the Employment Rights Act, flexible working time arrangements, including part-time employment particularly for female heads of household, are feasible in practice. It also asks the Government to provide information on the working time arrangements in practice, including the statistical information, disaggregated by sex, and their impact on promoting equality of opportunity and treatment for workers with family responsibilities, especially those working in EPZs. Please also provide a copy of the report of the study being carried out at the initiative of the Ministry of Social Integration and Economic Empowerment.

Social security. The Committee notes the statistical information on the unemployment hardship relief for the period from July 2006 to June 2011. It also notes the Government’s indication that no studies or surveys are currently being undertaken to assess the feasibility of providing for the accumulation of pension points during absence from work due to family responsibilities. The Government also states that, given that the social insurance scheme covers all employees of the private sector, it would be very difficult to determine which workers are not working due to family responsibilities. The Committee asks the Government to provide information on any measures taken or envisaged to take account of the needs of workers with family responsibilities in social security, including those toward the possibility of accumulating pension points for male and female workers during periods of absence from work due to family responsibilities.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the MGECDFW has set up a day care centre and women centre at Baie du Tombeau. The Government also indicates that while most day care centres are privately owned, registration with the MGECDFW is mandatory, and as of June 2011, 303 day-care centres have applied for registration, among which 80 centres have been duly registered. It further indicates that the National Empowerment Foundation (NEF)’s programmes are structured, including the Child and Family Development Programme, which was set up in August 2010, with a major focus on the setting up of “crèches” in under-privileged areas for children aged between three months to three years; the NEF works in collaboration with local non-governmental organizations that manage day care centres based on corporate social responsibility funds. In 2010, such a day care centre was established at Cité Père Laval, Quatre Bornes, and caters for approximately 17 children aged one to three years; in 2011, such centres were established at St Hilaire for approximately ten toddlers and at Cité La Cure for approximately 30 children aged three months to three years. The Committee asks the Government to continue to provide information, including statistics, on men’s and women’s access to childcare and other care facilities. Please also provide detailed information on any measures taken or envisaged to provide adequate childcare and family services and facilities, indicating the progress made in extending coverage of care services and facilities for other dependent members of the family, as well as the results achieved.

Article 6. Education for the public. The Committee notes the establishment of the Sex Discrimination Division under section 27 of the Equal Opportunities Act, and the Government’s indication that the Sex Discrimination Division, in its ongoing sensitization campaigns, explains the purpose of the Sex Discrimination Act and appeals for a change of mentality, more particularly among the younger generation. The Committee asks the Government to confirm that the sensitization campaigns by the Sex Discrimination Division are ongoing with regard to the Equal Opportunities Act, replacing the Sex Discrimination Act. It also asks the Government to provide specific information on the action taken by the authorities including the Sex Discrimination Division in order to promote a broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also provide information on the programmes undertaken to address stereotyping with respect to family responsibilities, including in the context of the National Gender Policy Framework.

Article 7. Vocational guidance and training. The Committee notes the adoption of the Mauritius Institute of Training and Development Act 2009, and the Government’s indication that courses aimed at empowering workers in general to integrate into the labour force definitely contribute toward promoting the employability of workers with family responsibilities and facilitating them in joining the labour force or setting up their own business. It also notes the statistical information provided by the Government that for the period 2009–11, a total of 132 male and 595 female have benefitted from such courses. However, the Committee notes the Government’s indication that there are no vocational training and employment programmes specifically targeted to workers with family responsibilities. The Committee asks the Government to indicate any measures taken or envisaged to take into account the specific need of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal. The Committee notes that the Employment Rights Act 2008 provides, inter alia, that a worker’s employment shall not be terminated by reason of pregnancy, sex, marital status or family responsibilities (section 38(1)(a)), or a worker’s absence from work during maternity leave (section 38(1)(b)). The Committee further notes the Government’s indication that a dismissed worker has recourse to the Industrial Court. Accordingly, section 46(5)(e) of the Employment Rights Act provides that, where the court finds that the termination of employment was unjustified, the court may order that the worker be paid severance allowance. The Committee asks the Government to provide information on any cases under section 38(1) of the Employment Rights Act, relating to dismissal of workers due to their family responsibilities dealt with by the competent authorities, including the Industrial Court.

Article 9. The Committee notes the Government’s indication that, in certain collective agreements, provisions concerning entitlements for employees, including paternity leave and leave without pay, are included. The Committee asks the Government to supply copies of any provisions in collective agreements, if available, which would assist workers in reconciling their work and family responsibilities.

Article 11. The Committee notes the Government’s indication that consultation with, and to the extent possible participation of, social partners through discussion at the level of tripartite bodies, including the Labour Advisory Council, takes place to introduce new measures and legislation affecting employment. The Government also indicates that a National Tripartite Forum has been set up to promote effective social dialogue and consensus building on issues of importance to the world of work. The Committee requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, with a view to encouraging family friendly enterprises and the adoption of family friendly arrangements in collective agreements. It also asks the Government to provide further information on the function of the National Tripartite Forum.

Parts III–V of the report form. The Committee notes the list of complaints submitted to the Sex Discrimination Division concerning workers with family responsibilities, according to which there were complaints concerning termination of employment contract due to pregnancy, refusal of leave or transfer related to pregnancy or breastfeeding. It further notes the Government’s indication that there has been, so far, no decision given by any court of law or other tribunals relating to the application of the Convention. The Committee asks the Government to continue to provide information on any complaints concerning workers with family responsibilities, both in the private and public sectors, dealt with by the Sex Discrimination Division, any related judicial decisions, including termination disputes concerning workers with family responsibilities, and case of infringement reported to or detected by labour inspection services, as well as the remedies provided or sanctions imposed.

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

The Committee notes the Government’s first report and the documentation attached thereto.

1. Article 1. Definition of “member of the immediate family”. The Committee notes the definition of child in the Labour Act and the Child Protection Act 1994, and of dependent child in the National Pensions Act. It also notes that section 2 of the Sex Discrimination Act 2002 defines “family responsibility” as the responsibility of an employee to care for or support a dependent child or any other immediate family member who is in need of care or support, and “immediate family member” includes a spouse, child, grandchild, parent or grandparent.

2. Article 3. National policy. The Committee notes with interest that the Sex Discrimination Act 2002, provides comprehensive protection against discrimination on the basis of sex, marital status, pregnancy and family responsibilities in a wide range of areas such as employment, recruitment and selection for the purposes of training, apprenticeship and employment, as well as terms and conditions of employment, conditions of work, facilities offered in relation to employment, advancement, promotion or training, retrenchment or termination of employment (section 5). The Act also prohibits discrimination on these grounds against contract workers and by employment agencies and prohibits discrimination in relation to professions, trades or occupations (sections 10–12). The Committee further notes that a Tripartite National Conference on Work and Family held in 2003 proposed an Action Plan on Work and Family which included the following strategic objectives: (1) changing attitudes and behaviour related to the roles of men and women in work and family; (2) promoting family-friendly workplaces; (3) facilitating new working time patterns and organization; and (4) facilitating access to services for working parents. The Action Plan for a National Gender Policy (2005–15) also includes strategies to ensure that consideration is given to the roles of women and men at the workplace and within the family, including the formulation of programmes that work towards implementing the Action Plan on Work and Family. The Committee asks the Government to provide information in its next report on the practical application of the Sex Discrimination Act 2002, with respect to workers with family responsibilities, and on the implementation of the Action Plan on Work and Family as well as the Action Plan for a National Gender Policy (2005–15).

3. Article 4(a). Free choice of employment. The Committee notes the provisions of the Sex Discrimination Act 2002, prohibiting discrimination in employment and occupation as well as in vocational training and education on the basis of family responsibilities. The Committee notes from a study on “Discriminatory Practices in the Mauritian Labour Market” (2007), carried out in partnership with the UNDP and the ILO, that the occupational segregation and low economic activity rates of women can partly be explained by employers’ preferences for male workers due to perceived costs relating to maternity and women’s responsibility for family and childcare, as well as the lack of part-time employment opportunities and the fact that some jobs required long working hours. The Committee further notes from the study on work and family (2002) that child and elderly care remain an overwhelmingly female responsibility and that single-headed households, mostly women, face particular difficulties in combining their work and family responsibilities and are currently on the increase. It notes the statistics in the Government report on the number of male (10,733) and female (7,551) jobseekers with dependents in May 2006, as well as the statistics on the employed and unemployed heads of household classified by number of children. The Committee recalls that under the Convention measures can be taken essentially for women whose family responsibilities restrict their opportunity for economic activity. The Committee asks the Government to provide information in its next report on the practical measures and programmes undertaken, including under the Action Plan on Work and Family as well as the Action Plan for a National Gender Policy to enable workers with family responsibilities, and particularly female heads of household to choose freely the employment compatible to their needs, including part-time employment.

4. Article 4(b). Terms and conditions of employment. Special leave entitlements. The Committee notes the special leave entitlements relating to the marriage of an employee or the death of a spouse or close family member in a number of remuneration orders attached to the Government’s report. It also notes that the Action Plan on Work and Family provides that a review should be undertaken of the remuneration orders with a view to eliminating the barriers relating to part-time work and other family friendly working patterns. The Committee further notes the provisions in the Labour Act concerning maternity leave and allowance as well as daily breaks for nursing (applicable to all sectors in the private sector). It notes in this regard that section 32 of the draft Employment Rights Bill provides that where the Permanent Secretary or a government medical officer is of the opinion that no adequate arrangements exist to provide for the nursing of children for workers, he or she may by written notice give directions to the employer to make such arrangements. Furthermore, section 31 of the draft Employment Rights Bill provides for paternity leave of five continuous days for a male worker at the birth of the child of his spouse. Spouse is defined as the person with whom the worker has contracted civil and religious marriage and with whom he was living under a common roof at the time of delivery. Noting that the draft Employment Rights Bill appears to provide only for paternity leave for married fathers, the Committee asks the Government to consider amending section 31 of the Employment Rights Bill so as to provide paternity leave also to male employees who are not married upon the birth of their child but who are living under a common roof at the time of delivery. The Committee, referring to Paragraph 23 of Recommendation No. 165, also requests the Government to indicate in its next report whether any other measures are being taken or envisaged to provide special leave entitlements to workers with family responsibilities, including leave in cases of illness in the family. Please also provide information on any follow-up given to the recommendation to undertake a review of the remuneration orders with a view to eliminating barriers in the employment of workers with family responsibilities.

5. Flexible working time arrangements. The Committee notes that the Action Plan on Work and Family includes a strategic objective aimed at facilitating new working time patterns and that flexibility in working time is considered an important element that can help workers, especially women, to reconcile work and family responsibilities. The Committee notes that a study has been undertaken with the assistance of the ILO on “Working time in Mauritius” which was discussed at a tripartite technical workshop in 2005 and that a number of recommendations have been formulated to introduce flexible working time patterns with a view to addressing problems and challenges linked with balancing family life and work. The Committee also notes from the work and family study (2002) that workers in export processing zones (EPZs), mostly women, face long hours of work and have to work ten hours of compulsory overtime per week, which makes it difficult for them to take time for family responsibilities. Noting that the Ministry of Labour, Industrial Relations and Employment has set up a Tripartite Technical Committee to examine the implementation of the recommendations made in the report on “working time in Mauritius”, the Committee asks the Government to provide information in its next report on the practical follow-up given to the recommendations on flexible working time arrangements, and their impact on promoting equality of opportunity and treatment for workers with family responsibilities, especially those working in EPZs.

6. Social security. The Committee notes that the National Pensions Act provides for accrual of pension rights essentially on the number of pension points earned during a working career. According to the Government, the Act does not penalize a worker who has taken a long leave due to family responsibilities except to the extent that he or she will not earn any pension points if no wages were paid during such leave. The Government, however, acknowledges that there is currently no provision for enhancing the number of pension points actually earned for absences from work because of family responsibilities. The Committee asks the Government to indicate in its next report whether any studies or surveys are being undertaken or envisaged to assess the feasibility of providing for the accumulation of pension points for male and female workers during periods of absence from work due to family responsibilities under the National Pensions Act. Noting further that the unemployment hardship relief benefit scheme provides financial assistance to needy unemployed heads of household, the Committee asks the Government to provide information in its next report on the number of female and male heads of household with family responsibilities that have benefited from such assistance.

7. Article 5. Childcare and family services. The Committee notes from the study on work and family that in 2002, the problem of inadequate daycare services for children from birth to pre-primary school had become particularly acute and that the types of services available ranged from small nurseries to large daycare centres managed by organizations such as the Export Processing Zones Welfare Fund. However, in both cases the fees payable appeared to amount to a substantial part of a working parent’s income and the quality of the service might not be sufficient. The Committee notes that since then the Action Plan on Work and Family contains a number of strategies to improve care services, including childcare services, for working parents, and that the Action Plan for a National Gender Policy proposes action to enhance the institutional capacity and skills of childcare facilities and increase women’s access to such facilities. In this regard, the Committee notes that within the framework of the Child Protection Act 1994, the Institutions and Protection of Children Regulations 2000 regulate the activities of daycare centres, and that about 170 daycare centres have applied for registration, 146 of which have received their certificate of registration since January 2003. The Committee also notes that extensive training has been provided to daycare centre managers and caregivers and that the Mauritius Institute of Education jointly with the Mauritius College of the Air is conducting a distance learning programme on early childhood development (0–5 years) for caregivers of daycare centres together with pre-school teachers. The Ministry of Women’s Affairs has also issued a policy paper to increase community awareness on early childhood development as a key strategy for strengthening the caring capacities of families and communities. The Committee asks the Government to provide information in its next report on the following: (1) the progress made in implementing the proposed strategies under the Action Plan on Work and Family as well as the Action Plan for a National Gender Policy with respect to men’s as well as women’s access to childcare and other care facilities; (2) the number of adequate and affordable childcare facilities established, and the number of children covered in the various age groups; and (3) any obstacles encountered in establishing adequate childcare facilities for working parents.

8. Article 6. Educational and awareness-raising programmes. The Committee notes the efforts taken by the Government to raise awareness on the issue of work and family, including the study on work and family undertaken in 2002 which led to a National Conference on Work and Family in 2003 and a National Action Plan on Work and Family. It notes that one of the main strategic objectives of the Action Plan is to change attitudes and behaviours related to the roles of women and men in work and family. The Committee asks the Government to provide information in its next report on relevant studies, surveys or programmes undertaken, in cooperation with workers’ and employers’ organizations, including by the Sex Discrimination Division, to promote a broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also supply information on the programmes undertaken to address stereotyping with respect to family responsibilities.

9. Article 7. Opportunities to enter, to re-enter and to remain in the labour force. The Committee notes the Government’s general statement in its report that the Employment and Training Act 1963 enables all workers to obtain and retain employment best suited to their needs and preferences, irrespective of their family responsibilities, and provides access to vocational advice and guidance for all workers without discrimination. According to the Government, the employment service does not discriminate against workers with family responsibilities when submitting candidates for vacancies. The Committee notes that pursuant to sections 3(1) and 5(1) of the Employment and Training Act, the Minister may provide facilities and services for the purpose of assisting persons to select, fit themselves for, obtain and retain employment suitable to their age and capacity, and may provide vocational training courses for such persons, whether employed or not. The Committee notes, however, from the information provided in the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that statistics of 2005 of the Industrial and Vocational Training Board (IVTB) indicate that in more than 40 per cent of the full-time courses offered, no women had been enrolled. Figures for 2005 on female enrolment in part-time vocational training courses show a similar trend. The Committee asks the Government to provide information on the measures taken or envisaged by the Industrial and Vocational Training Board to increase the number of women in vocational training courses. Please also provide information on any other vocational training and employment programmes to enable workers with family responsibilities to enter or re-enter the labour market, as well as data disaggregated by sex on the number of jobseekers with dependents that have obtained and remained in employment.

10. Article 8. Non-discrimination (termination of employment). The Committee notes that the current Labour Act does not include a provision providing that family responsibilities shall not constitute a valid reason for termination of employment. However, section 38(1) of the draft Employment Rights Bill provides, inter alia, that a worker’s employment shall not be terminated by reason of family responsibilities. The Committee further notes that section 5(2)(e) of the Sex Discrimination Act 2002 prohibits the employer from discriminating against an employee on grounds of family responsibilities by retrenching or terminating the employment of the employee. The Committee asks the Government to provide information on any complaints submitted to the Sex Discrimination Division concerning termination of employment on the basis of family responsibilities, and to keep it informed of the progress made in the adoption of the Employment Rights Bill.

11. Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes that the social partners have been actively involved in the tripartite conferences on work and family (2003) and working time (2005) and that they will be called upon to contribute actively to the implementation of these recommendations. Furthermore, the Action Plan on Work and Family provides that the Government should explore with the social partners the measures that can be taken to encourage family friendly enterprises, and that efforts should be made to include family friendly arrangements in collective agreements. The Committee asks the Government to continue to provide information on the manner in which employers’ and workers’ organizations participate in devising and applying measures designed to give effect to the Convention, in particular the measures taken or envisaged, as well as the results achieved, to encourage family friendly enterprises and the adoption of family friendly arrangements in collective agreements.

12. Parts III–V of the report form. The Committee would be grateful if the Government would supply additional information on the practical application of the Convention, including information on the manner in which the supervisory authorities and mechanisms ensure the application of the Convention and the relevant national legislation, statistical data disaggregated by sex for the private and public sectors, judicial and administrative decisions, collective agreements and any relevant studies or guides developed on the subject covered by the Convention.