Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 137) sur le travail dans les ports, 1973 - Maurice (Ratification: 2003)

Articles 2 and 3 of the Convention. Permanent or regular employment of dockworkers. Registers. The Government reports that all employees are now employed on a permanent and pensionable establishment basis (PPE), with the exception of approximately 55 employees having completed less than one year of service, who are employed on a contract basis. At expiry of their contract of a definite duration and upon satisfactory work performance, these employees may be placed on a PPE. The Committee recalls that, in its first report, the Government had indicated that it was not necessary to assure a minimum period of employment or minimum income to dockworkers due to the favourable situation in the dock work sector at the time. However, the Committee notes that, currently, the number of dockworkers in the country has decreased by over 10 per cent since 2012, when there were 1,409 dockworkers on the registers, reaching 1,262 in 2017. The Committee requests the Government to indicate the measures taken or envisaged to prevent or mitigate any detrimental impact on dockworkers in the event of a downturn in the dock work sector. The Committee also requests the Government to provide information on the manner in which registered dockworkers are assured priority of engagement for dock work and are required to make themselves available for work. The Committee requests the Government to clarify the maximum length of time that dockworkers may be engaged on a contract basis and to indicate the number of such workers placed on PPEs at the expiration of their contracts.

Article 5. Cooperation with the social partners. The Government indicates that regular meetings are held between the Management of the Cargo Handling Corporation, Ltd (the Company) and the Port Louis Maritime Employees’ Association, the only union currently having sole negotiating rights following a referendum held on 7 March 2014 by the Employment Relations Tribunal. The Government adds that less frequent meetings are also held with the other four unions: the Port Louis Harbour and Dock Workers Union; the Maritime Transport and Port Employees Union; the Dock and Wharf Staff Employees’ Association; and the Stevedoring and Marine Staff Employees’ Association. The Government further indicates that three employee representatives sit on the Board of the Company and participate in decision-making. The Committee requests the Government to describe the arrangements for cooperation between employers’ and workers’ organizations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements.

Article 6. Vocational training, safety, health and welfare of dockworkers. The Government indicates that all dockworkers employed by the Company are insured persons under the National Pensions Act, 1976 and the National Savings Fund Act, 1995. The National Pension Fund guarantees social insurance for all insured dockworkers, providing an earnings-related contributory pension for old age, retirement, death and disability. It provides coverage for occupational accident or injury resulting in incapacity, subject to medical evidence. The National Savings Fund provides for payment of a lump sum at retirement or upon death to all employees who have contributed to the Fund. The Committee requests the Government to continue to provide information on the safety, health, welfare and vocational training provisions applying to dockworkers.

Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including, for instance, copies of collective agreements or any new regulations in force on dock work and the employment and working conditions of dockworkers, extracts from reports by the authorities responsible for the application of measures giving effect to the Convention, and information on numbers of dockworkers on the registers maintained and the variations in such numbers.