Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Mauricio (Ratificación : 2005)

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), submitted with the Government’s report, and the Government’s reply.

Noting that the amendment, in 2019, of section 28(j) of the Employment Relations Act (ERA), provides for the establishment of a national tripartite council mandated to make recommendations to the Government on issues relating, inter alia, to the review of the operation and enforcement of labour legislation, the Committee requested the Government to provide information on the recommendations made by the Council in relation to matters covered by the Convention, including any discussion and recommendations related to giving effect to the Committee’s comments. The Committee notes the Government’s indication that the first meeting of the National Council took place on 20 April 2023 and that two committees were subsequently established on the themes of “training, reskilling and employability” and “employment situation and challenges”. Trusting that the work of these committees will cover the topics covered in the Convention, the Committee requests the Government to provide any recommendation made by the Council or the committees on topics covered by the Convention or aimed at giving effect to the Committee’s comments.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. In its previous comment, the Committee noted with regret that the work permit requirement provided for under the 2008 ERA had not been repealed and recalled that this requirement was not in conformity with the right of workers to establish and join organizations of their own choosing, which must be guaranteed for every worker residing in the territory of a State, whether or not they have a work permit. The Committee notes with interest the amendment introduced, in 2024, to section 13 of the ERA, allowing any worker linked to a Mauritian employer to join a trade union.

Self-employed workers. In its previous comment, the Committee emphasized the importance for all workers, including self-employed workers, to be able to establish and join trade union organizations and expressed regret that the law of Mauritius still does not allow this possibility to self-employed workers. It therefore again requested the Government to hold consultations with the social partners, including organizations representing self-employed workers, if such organizations exist, with the aim of ensuring that all workers, without distinction whatsoever, enjoy this right. The Committee notes with regret that no legislative amendments have been made and that the Government merely reiterates that self-employed workers enjoy the right to establish associations under the Registration of Associations Act. The Committee once again urges the Government to hold consultations with the social partners, including organizations representing self-employed workers, if such organizations exist, with the aim of ensuring that all workers, without distinction whatsoever, including self-employed workers, enjoy the right to establish and join organizations. The Committee requests the Government to provide information on progress achieved in this respect.

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