Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Maurice (Ratification: 2004)

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.