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

Labour Inspection Convention, 1947 (No. 81) - Mauritius (Ratification: 1969)

Article 12(1)(b) and (2) of the Convention. Powers of entry of inspectors into premises which they may have reasonable cause to believe to be liable to inspection. In its previous comments, the Committee noted that, pursuant to section 4 of the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations 2011, an authorized officer may enter, with the consent of the head of any undertaking, any building used as lodging accommodation, in order to undertake an inspection or investigation as may be necessary. The Committee notes that, contrary to the information previously provided, the Government indicates that the existing provisions requiring prior notification to carry out inspection in employees’ lodging accommodation are being maintained, as the accommodation is a dwelling place provided to an employee and entering such a place without consent may cause prejudice to the privacy of lodgers. In this regard, the Committee recalls that, pursuant to Article 12(1)(b) and (2) of the Convention, labour inspectors provided with proper credentials shall be empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. Thus, they should be authorized to abstain from notifying their presence to the employer or his/her representative if they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to take the necessary measures to amend the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations to achieve full conformity with Article 12 of the Convention, and to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.