Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations from the Confederation of Public and Private Sector Workers (CTSP) transmitted by the Government.

Article 5(a) of the Convention. Cooperation between the labour inspectorate and other public bodies. 1. Effective cooperation with competent bodies entrusted with the registration of establishments liable to labour inspection. Further to its previous comment, the Committee notes the Government’s indication that the Labour and Industrial Relations Division (LIRD) of the Ministry of Labour, Human Resource Development and Training (MLHRDT) maintains a centralized manual database of undertakings liable to inspection, and that the National Occupational Health and Safety Department (NOSHD) is in the process of fully computerizing its system to enhance the planning and monitoring of inspection activities. The Committee also notes the Government’s indication of the cooperation to carry out joint inspections between the MLHRDT and other government services, such as the Ministry of Environment, Solid Waste Management and Climate Change, the Passport and Immigration Office and the Mauritius Fire and Rescue Service. The Committee requests the Government to provide information on the manner in which the inspection activities carried out by the NOSHD have been enhanced by the computerization of the database of undertakings, once the process is completed.The Committee requests the Government to continue to provide information on the measures adopted to ensure effective cooperation with other Government services with a view to plan and monitor inspection activities, and to provide detailed information on the number and nature of joint inspections carried out in cooperation with the Passport and Immigration Office.

2. Effective cooperation between the labour inspection services and the justice system. The Committee notes the information provided by the Government regarding the number of cases lodged by the NOSHD before the Industrial Court for the period of June 2021 to May 2024. During this period, 479 cases comprising 687 counts were lodged, and judgments were delivered in 455 cases covering 615 counts, resulting in fines totalling 2,751,500 Mauritian rupees (approximately US$60,052). The Committee also notes the information provided by the Government concerning criminal cases lodged by the LIRD before the Industrial Court during the same period. A total of 323 cases were lodged, resulting in 76 convictions, 34 decisions for case dismissal, 78 acquittals and fines totalling 177,900 rupees (approximately US$3,882). The Committee takes note of this information, which addresses its previous request.

Articles 10, 11 and 16. Material resources of the labour inspectorate and visits of inspection. In response to its previous comments, the Committee notes the Government’s indication that the Labour and Industrial Relations Cadre currently employs a total of 134 officers, with nine vacant posts, and the National Occupational Safety and Health Cadre employs 59 officers, with 27 vacant posts. Additionally, it notes the information provided by the Government concerning the budget allocated to the LIRD and NOSHD for the financial years 2021–22, 2022–23, and 2023–24. Noting that a large number of positions for NOSHD still remain vacant, the Committee requests that the Government continue to take steps to fill these vacant positions and to provide information on the results achieved in this regard.

Article 12(1)(b) and (2). Powers of entry of inspectors into premises which they may have reasonable cause to believe to be liable to inspection. In response to its previous request, the Committee notes that the Government reiterates its reference to section 4 of the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations 2011, according to which an officer must obtain the consent of the head of the undertaking in order to carry out an inspection or investigation in a lodging accommodation. The Government further reports that inspectors have not encountered any difficulties in enforcing this regulation. The Committee notes the Government’s emphasis on the importance of protecting the privacy of lodgers, given that these accommodations serve as the workers' dwellings. In this regard, the Committee notes the concern raised by the CTSP that the Occupational Safety and Health (OSH) Division of the Ministry of Labour should have the power to conduct unannounced inspections at workplaces. The CTSP highlights that, too often, employers are given prior notice of inspections following requests or representations made by affiliated unions, allowing them ample time to 'cover up' any wrongdoings or shortcomings. The Committee requests the Government to provide its comment in this respect. In addition, noting the Government’s indication that 4,238 inspections were conducted in lodging accommodations from 2021 to May 2024,the Committee requests the Government to provide detailed information on the number of violations identified during these inspections, as well as the type of violations encountered, and any other concerns identified by inspectors.

Articles 14 and 21(g). Recording and notification of cases of occupational disease. Further to its previous comment, the Committee notes the Government’s indication that section 86 of the Occupational Safety and Health Act (OSH Act) 2005 has been repealed and replaced by section 20 of the OSH (Amendment) Act 2022, which now requires insurers to notify cases of occupational diseases. The Government further indicates that, in accordance with the Twenty-Fifth Schedule of the OSH (Amendment) Act 2022, occupational diseases must also be reported by occupational health physicians and employers. The Committee also notes the Government’s indication that no cases of occupational disease have been reported during the period from June 2021 to May 2024. Noting the absence of information in this respect, the Committee once again requests the Government to provide an assessment on the reasons for the lack of reporting of any cases of occupational disease over the three–year period, and to provide information on any violations of the employer’s duty to notify cases of occupational disease.

Articles 20 and 21. Content and publication of an annual report. The Committee notes the Government's indication that the annual reports for the periods 2020–21, 2021–22, and 2022–23 have been published on the website of the Ministry of Labour, Human Resource Development and Training. The Committee requests the Government to provide information on the measures adopted to ensure that the labour inspection report contains complete information on all the subjects listed in Article 21(a)–(g), including the number of workplaces liable to inspection, the number of workers employed therein and statistics on occupational diseases.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.