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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Mauritius (Ratification: 1969)

Article 5 of the Convention. Compensatory rest. In previous comments, the Committee had noted that the Employment Rights Act 2008 did not contain a general provision guaranteeing compensatory rest in the case of total or partial exceptions to the ordinary weekly rest period. The Committee notes that such provision was not included in the Workers’ Rights Act 2019, which repealed and replaced the Employment Rights Act 2008, either. In addition, the Committee notes that a number of Remuneration Regulations that allow for exceptions to the weekly rest day in special circumstances do not provide for compensatory rest either. The Committee notes that the Government in its report indicates that according to section 24 A of the Workers’ Rights Act 2019, part time off may be granted to a worker in lieu of remuneration for overtime. The Committee also notes that this measure, which applies for the COVID-19 period, will lapse on 31 December 2021. The Committee requests the Government to take the necessary measures to ensure that workers who are deprived of their weekly rest be granted compensatory rest irrespective of any monetary compensation, as required by this Article of the Convention.