Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 95) sur la protection du salaire, 1949 - Maurice (Ratification: 1969)

Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee notes that the Government’s report does not provide explanations as to the high income employees who are excluded from the scope of application of the Employment Rights Act, No. 33 of 2008, that is to say, workers whose basic salary exceeds 360,000 Mauritian rupees (approximately US$11,500) per year. The Committee once again recalls that the Convention applies to all persons to whom wages are paid or payable, and that exclusions are permitted on condition they are limited to categories of persons whose circumstances and conditions of employment are such that the application of the Convention to them would be inappropriate. The Committee accordingly requests the Government to provide additional information in this regard, including the approximate number of employees who are currently excluded from the coverage of the Employment Rights Act, the reasons for such exclusion and any consultations which may have been undertaken prior to the adoption of the relevant provision of the Employment Rights Act.

Article 4. Partial payment of wages in kind. Following up on earlier comments relating to the conditions under which and the limits within which wages could be paid in the form of in kind benefits under the Labour Act of 1975, the Committee notes the Government’s statement that, following the repeal of the Labour Act, the law no longer provides for payment of wages in the form of allowances in kind. The Committee notes, however, that under section 1 of the Employment Rights Act, the term “remuneration” is defined as “all emoluments, in cash or in kind, earned by a worker under an agreement”. The Committee therefore requests the Government to provide clarifications in this respect.

Article 10(2). Assignment of wages. The Committee notes that although section 22(2) of the Employment Rights sets out an overall limit to authorized deductions from wages, including deductions based on a court order, known also as attachment or garnishment order, no similar provision is to be found with regard to voluntary arrangements, or assignment, whereby part of the wages are paid directly to the creditor in settlement of debts. The Committee accordingly requests the Government to indicate any measures taken or envisaged with a view to limiting the assignment of wages to the extent deemed necessary for the maintenance of the workers and their families, as required under Article 10 of the Convention.