Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 190) sur la violence et le harcèlement, 2019 - Maurice (Ratification: 2021)

The Committee notes the Government’s first report. It also notes the observations of the Confederation of Public and Private Sector Workers (CTSP) communicated with the Government’s first report, as well as the corresponding reply of the Government.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. In its report, the Government indicates that section 114 of the Workers’ Rights Act (WRA) 2019, entitled “violence at work”: (1) states that “no person shall”: ‘(a) harass, sexually or otherwise; (b) assault; (c) verbally abuse, swear at or insult or humiliate in any manner whatsoever; (d) express the intention to cause harm to; (e) bully or use threatening behaviour towards; (f) use aggressive gesture indicating intimidation, contempt or disdain towards; or (g) by words or act, hinder’ a worker, including any person undergoing training under any training scheme, in the course of or as a result of his work or training”; and (2) defines “harassment” as “any unwanted conduct towards the worker, whether verbal, non-verbal, visual, psychological or physical, based on age, impairment, HIV status, domestic circumstances, sex, sexual orientation, gender, race, colour, language, religion, political, trade union or other opinion or belief, national or social origin, association with a minority, birth or other status, which occurs in circumstances where a reasonable person would consider the conduct as harassment of the worker”. The Committee welcomes the Government’s indication that the WRA also provides additional definitions for "verbal abuse" as “screaming, yelling, name calling and making mean and disrespectful remarks with a view to humiliating a person”, and “bullying” as “a pattern of offensive, intimidating, malicious, insulting or humiliating behaviour or an abuse or misuse of power or authority which attempts to undermine an individual or group of individuals, gradually eroding their confidence and capacity which may cause them to suffer stress”. In addition, the Government also refers to: (1) the Public Officers’ Protection Act, 1957, which makes it an offence for a person to, by force or violence, resist, oppose, molest, hinder or obstruct a public officer in the performance of his duty (section 3(1)); and (2) the Code of Ethics of Public Officers, which imposes a duty on public officers to treat the public and their colleagues with courtesy and respect, and more specifically to “not cause distress to their colleagues, or otherwise contribute to disruption of the working atmosphere in the workplace” and to “not harass, bully or otherwise intimidate members of the public or colleagues”. The Committee notes that sexual harassment is defined and prohibited in section 114 of the WRA, sections 25 and 26 of the Equal Opportunities Act (EOA), and section 254 of the Criminal Code (“quid pro quo” sexual harassment). The Committee also notes that section 114 of the WRA includes, in the definition of “harassment”, acts based on sex, sexual orientation and gender. The Committee welcomes the information and requests the Government to provide examples of the specific behaviours addressed in cases of violence and harassment dealt by labour inspectors and other competent authorities in accordance with the provisions referred above.

Articles 2 and 3. Scope of application. The Committee notes the Government’s indication that: (1) all persons referred to in Article 2 of the Convention are protected; and (2) the WRA and the EOA cover all sectors and areas of employment, formal or informal, public, private or parastatal, and irrespective of urban or rural areas. The Committee observes that section 114 of the WRA covers violence against “a worker, including any person undergoing training under any training scheme, in the course of or as a result of his work or training” and that, pursuant to section 2 of the WRA, the term “worker” excludes persons taking part in a training scheme set up by the Government or under a joint public-private initiative. The Committee also notes that section 3(1) of the WRA provides that the Act shall apply to every agreement, without clarifying if this covers agreements in the informal economy and refers to its request formulated under Article 10(a) and (h) below. The Committee further notes that the EOA addresses sexual harassment committed against employees, persons seeking employment, contract workers, persons receiving the services of an employment agency, as well as sexual harassment committed between members of companies, partnerships, registered associations or clubs. It also notes that it specifically prohibits sexual harassment from the employer or its agent to employees, as well as between employees, but that it does not mention harassment that may be perpetrated against supervisors or managers. The Committee requests the Government to provide information on the provisions that: (i) protect persons taking part in training schemes set up by the Government or under a joint public-private initiative from violence and harassment in the world of work; (ii) protect volunteers, jobseekers and job applicants, from violence and harassment in the world of work beyond sexual harassment; (iii) protect individuals exercising the authority, duties or responsibilities of an employer volunteers; and (iv) cover violence and harassment occurring during commuting to and from work. The Committee also asks the Government to clarify whether the WRA and the EOA have been applied in practice to cases of violence and harassment in the world of work that have occurred in the contexts foreseen in Article 3(a) to (f) of the Convention (for instance, in labour inspection reports or case-law).

Article 4(2) and (3). Inclusive, integrated and gender-responsive approach. The Committee takes note of the information provided by the Government throughout its report regarding the different measures taken to implement the Convention and the governmental institutions with a relevant mandate for its application. The Committee takes note, in particular, that the Government also refers to the important role of employers’ and workers’ organizations in the implementation of the Convention, including through the National Tripartite Council, which is responsible to make recommendations to the Government regarding standards, principles, policies and programmes in labour, industrial relations and health and safety, including on the review of the operation and enforcement of the labour legislation. The Committee requests the Government to provide information on any further consultations with employers’ and workers’ organizations that have taken place or are envisaged, including in the framework of the National Tripartite Council, regarding the application of the Convention. The Committee also asks the Government to indicate the measures adopted to: (i) ensure that the tools, guidance and activities developed are provided in accessible formats, as appropriate; and (ii) take into account violence and harassment involving third parties in the private sector (i.e. clients, customers, service providers, users, patients and members of the public) when applying the Convention.

Article 6. Equality and non-discrimination. The Committee takes note of the information provided by the Government on the provisions on equality and non-discrimination contained in the Constitution, the WRA and the EOA and the adoption of the National Gender Policy. In this regard, the Committee refers to its comments on the application of Convention No. 111.

Article 8. Appropriate preventive measures. The Committee notes that the Government informs about: (1) the obligation, contained in the Code of Ethics of Public Officers, for them to treat the public and colleagues with courtesy and respect and to not harass, bully or otherwise intimidate them; and (2) the establishment of the Police Internal Assessment Cell (PIAC) at the Police Headquarters with a view of promoting a culture of integrity, good governance, accountability, honesty, ethical conduct and resolve underlying causes of misconduct, unethical behaviours and abuse of authority. As regards specific sectors, the Committee notes that, in its observations, the CTSP indicates that hospital workers, often attendants and carers, face harassment from supervisors. The Committee notes the Government’s reply that these are operational issues and that any aggrieved person is invited to report and register a formal complaint with the Ministry of Labour. The Committee requests the Government to provide information on: (i) any specific measures taken, including through the application of the Code of Ethics of Public Officers or the PIAC, to raise the awareness of and train public servants to identify, prevent and deal with cases of violence and harassment against workers in the informal economy; (ii) the protection measures or mechanisms available to workers in the informal economy in cases of violence and harassment in the world of work; and (iii) the measures taken, in consultation with the workers’ and employers’ organizations concerned, to identify specific sectors, occupations and work arrangements, where there may be more exposure to violence and harassment, such as the health sector, and the specific prevention and protection measures taken in this regard.

Article 9. Responsibilities of employers. The Committee notes that under the Occupational Safety and Health Act (OSHA), 2005, there is a general obligation for an employer to ensure the safety, health and welfare at work of all his employees” and “ensure that any person not in his employment is not exposed to any risk to his safety or health” (section 5).

Article 9(a). Workplace policy. The Government refers to section 6 of the OSHA which provides that every employer with 50 or more employees shall: (1) "make a written statement of his policy with respect to the safety and health of his employees" and make arrangements to implement and review it when required; and (2) "provide such resources, as appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organization, control, monitoring and review of the preventive and protective measures required to be taken by him under this Act”. In addition, the Committee further notes that the EOA, which addresses sexual harassment, provides in section 9 for the duty of “every employer” to draw up and apply an equal opportunity policy at his place of work with a view to minimizing the risk of an employee being discriminated against and to promote recruitment training, selection and employment on the basis of merit. The Government also indicates that: (1) although not provided for in the law, many employers in the private sector have adopted a specific violence and harassment workplace policy; and (2) in the framework of the National Strategy and Action Plan for the Elimination of Gender-Based Violence, a Sexual Harassment Workplace Policy in the public service is being drafted. While welcoming this information in practice, the Committee considers that, under Article 9(a) of the Convention, laws and regulations should require that violence and harassment is addressed in workplace policies, which they may be adapted to what is considered to be reasonable and practicable, and that this can be done either through already existing workplace policies (such as those related to OSH or to equality and non-discrimination) or new specific policies. The Committee therefore requests the Government to provide information on any measures taken to require, in laws and regulations, that: (i) employers take appropriate steps commensurate with their degree of control to prevent violence and harassment in workplace policies (either those already foreseen in legislation or new ones), and that these are adopted and implemented in consultation with workers and their representatives; and (ii) such an obligation is also foreseen for employers with less than 50 employees. It also asks the Government to provide examples of workplace policies adopted in the public and private sectors, including of the draft Sexual Harassment Workplace Policy in the public service once adopted.

Article 9(b) and (c). Occupational safety and health management, including in relation to of hazards and risks of violence and harassment. The Committee notes the Government’s reference to section 10 of the OSHA which sets out a general obligation for all employers to identify risks and take measures to prevent and control them. In addition, the Committee notes that section 3(b) of the OSH (Amendment) Act, 2022, defines “health, in relation to work” as including “the physical and mental elements affecting health which are directly related to safety and hygiene at work”. The Committee further notes that, according to the CTSP’s observation, the national legislation does not provide any protection to workers from psychosocial hazards, and that psychosocial hazards are not fully recognized in the OSHA, even though it was last amended in 2023. The Committee notes the Government’s reply that this matter can be raised and discussed at the Advisory Council for Occupational Safety and Health, of which CTSP is a member. The Committee requests the Government to provide information on any measures taken to require, through laws and regulations, that employers take steps to: (i) take into account violence and harassment and associated psychosocial risks in the management of occupational safety and health; and (ii) identify hazards, with the participation of workers and their representatives and assess the risks of violence and harassment and take measures to prevent and control them.

Article 9(d). Information and training. The Committee notes that section 6(2) of the OSHA sets out the employer’s responsibility to ensure that an employee is provided with adequate safety and health information, instruction and training. The Committee requests the Government to indicate if section 6(2) of the OSHA includes the obligation of the employer to provide, to workers and other persons concerned, information and training regarding the prevention of violence and harassment in the world of work, in accessible formats as appropriate.

Article 10(a) and (h). Monitoring and enforcement. The Committee notes the Government’s indication that, within the Ministry of Labour, Human Resource Development and Training (MLHRDT), officers of the Enforcement Unit, the Special Migrant Workers Unit (SMWU), the Conciliation and Mediation Section (CMS), and the Occupational Safety and Health (OSH) Division, may carry out inspections and address matters of violence and harassment. The Committee also observes that: (1) labour inspectors may issue, in case of non-compliance, a notice to an employer and apply to the Court for a “compliance order” (sections 117 and 121 of the WRA); and (2) officers of the OSH Division are empowered to issue orders requiring measures with immediate executory force and orders to stop work (“prohibition orders”), in cases of imminent danger to life, health or safety (section 27 of the OSHA). Further, the Committee welcomes the statistics provided by the Government, indicating: (1) that 8,784 inspections were carried out and 24 prohibition orders were issued between 2021 and 2023; and (2) the number of cases of violence and harassment treated by the Enforcement Unit, the SMWU and the CMS between 2019 and 2023, disaggregated where available by form of violence and sex of the complainant. The Committee encourages the Government to continue to provide such statistical information. It also asks the Government to clarify: (i) whether any “compliance orders” issued by Courts and “prohibition orders” issued by the OSH Division concerned cases of violence and harassment; and (ii) whether the WRA and the EOA have been applied in practice to cases of violence and harassment in the informal economy (and reported, for instance, in labour inspection reports or case-law).

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes from the information provided by the Government that: (1) any worker may make a complaint to the labour inspection in respect of “any matter arising out of his employment” (section 120 of the WRA), as well as to the SMWU in case of migrant workers; (2) the parties to a labour dispute may jointly refer their dispute to the Tribunal or to voluntary arbitration, and any party may refer the dispute to the Commission for Conciliation and Mediation (CCM) or seek the assistance of the CMS (Part VI of the Employment Relations Act (EreA)); (3) the Equal Opportunities Commission (EOC) may, of its own motion or following a complaint, carry out an investigation regarding non-compliance with the EOA, attempt to solve the case through conciliation, and, where the case cannot be settled, refer it to the Equal Opportunities Tribunal or to the Director of Public Prosecution (where the investigation revealed that sexual harassment was committed); (4) the EOC has not dealt with sexual harassment complaints between 2019 to 2023; and (5) the cross-examination of cases reported to the authorities is done separately so as not to confront the victim and the perpetrator, and section 7 EOA protects against victimization of a person who files a complaint or furnishes related information or evidence. The Committee further notes that, according to section 114(5) of the WRA, “an employer shall enquire into any case of alleged violence at work and take appropriate action to protect the rights of the worker no later than 15 days after the case is reported to him or he becomes aware of the case”. Part X of the EreA further sets out in detail the procedure for disciplinary action. The Government further emphasizes that inspection and complaint mechanisms make no discrimination in respect of gender, and that the Ministry of Gender and Family Welfare provides counselling services to victims, psychological support, legal advice and referral to appropriate authorities.

The Committee further notes that the CTSP, in its observations, highlights that, in practice, in harassment complaints, the victim often needs to prove the existence of “mental abuse” from the employer, which is challenging to establish. The Committee requests the Government to provide information on the measures taken to ensure an easy access to all the different procedures by raising awareness and providing clear and accessible information to employers and workers on the various reporting and dispute resolution mechanisms available. The Committee also requests the Government to provide information on any measures taken with a view to ensuring that mechanisms are fair and effective including by ensuring access to gender-responsive mechanisms in cases of gender-based violence and harassment (for instance, by ensuring that there is specialized court staff or foreseeing the shift of the burden of proof).

Easy access to appropriate and effective remedies. The Committee notes the Government’s indication that, under section 114(3) of the WRA, the employer is “vicariously liable for violence at work, including sexual harassment, committed by a worker and any third party where the employer knew or should have known of the violence at work and failed to take any action to prevent or stop the violence”. The Government further indicates that, according to sections 61(2)(a) and 70 of the WRA, a worker may consider his employment terminated if he is ill-treated by the employer and may be entitled to a payment of severance allowance at the rate of 3 months’ remuneration per year of service. The Committee notes that, beyond the termination of the employment relations, other remedies may sometimes be more appropriate in cases of violence and harassment, such as reinstatement, compensation for damages and legal fees and costs, and orders requiring that certain practices are stopped or that policies are changed. The Committee requests the Government to provide information on examples of the remedies granted to the victims in specific cases of violence and harassment in the world of work, including gender-based violence and harassment (for instance, in dispute settlements or judicial decisions). The Committee also asks the Government to indicate whether there are provisions in national laws and regulations that foresee other remedies, beyond the termination of the employment contract, in case of violence and harassment in the world of work, including gender-based violence and harassment.

Article 10(c). Protection of privacy and confidentiality. The Government refers to paragraph 11 of the Code of Ethics for Public Officers, under which the latter are required to keep confidential every information and document obtained in the course of their official duties. The Committee further notes that under section 154(e) of the EReA, “the disciplinary procedures shall, without distinction or discrimination of any kind […] provide for proceedings, witness statements and records to be kept confidential”. The Committee requests the Government to provide information on the measures taken to protect the privacy of those individuals involved and confidentiality, to the extent possible and as appropriate, in cases of violence and harassment addressed in other mechanisms and procedures (such as in dispute settlement and judicial procedures).

Article 10(d). Sanctions. The Committee notes that under section 114(5) of the WRA, a person who commits violence and harassment “shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 Mauritian rupees and to imprisonment for a term not exceeding 5 years”. Under section 26(11) EOA, the same penalty is envisaged for persons found guilty of sexual harassment. The Committee also notes that sanctions are envisaged in sections 157 to 161 of the EreA in case of misconduct, including oral warnings, written warnings, final written warnings, suspension without pay, and dismissal. The Committee requests the Government to provide information on: (i) the sanctions that have been imposed pursuant to sections 114(5) of the WRA and 26(11) EOA for specific cases of violence and harassment in the world of work, and the criteria used to determine the grading of the sanction; and (ii) whether the sanctions for misconduct foreseen by EreA have been applied to cases of violence and harassment and, in such cases, the specific sanctions imposed.

Article 10(f). Domestic violence. The Committee notes the Government’s indication that measures are being taken by the Ministry of Gender Equality and Family Welfare to: (1) provide psycho-social support to victims of domestic violence so as to lessen the impact of the same on the world of work; and (2) conduct awareness campaigns at the workplace to sensitize employers and employees on the effects of domestic violence at the workplace, inform employees of the services and procedures available to obtain a protection order, and sensitize employers on the importance of granting leave to employees to go through these procedures. The Committee further notes that, according to section 3 of the Protection from Domestic Violence Act, a protection order may prohibit the respondent spouse from being on the premises on which the aggrieved spouse works. The Committee requests the Government to provide information on the impact of: (i) the sensitization campaigns, including the number of persons reached, and whether information is available on any leave granted for victims of domestic violence; and (ii) section 3 of the Protection from Domestic Violence Act, including the number of protection orders issued covering the workplace. It also requests the Government to inform on any other measures adopted to recognize and address the effect of domestic violence in the world of work (such as flexible work arrangements, temporary protection against dismissal or inclusion of domestic violence in risk-assessments).

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Committee notes that: (1) section 12 of the OSHA foresees the duty of the employer to establish procedures in the event of serious and imminent danger, including enabling the employee to stop work and immediately proceed to a place of safety. Therefore, an employee who has stopped work in accordance with such procedures shall not be liable to any civil or criminal action, or any form of disciplinary proceedings; and (2) section 14(1)(h) provides that an employee shall, while at work, report to the employer or their representative any situation which he has reason to believe could present a risk to his safety and health. The Committee requests the Government to indicate if the right foreseen in section 12 of the OSH Act covers cases where there is a reasonable justification to believe that there is an imminent and serious danger to life, health or safety due to violence and harassment.

Article 11(a). Address violence and harassment in relevant policies. The Committee notes the Government’s reference to the National OSH policy and the indication that the Advisory Council for Occupational Safety and Health addresses matters affecting the safety, health and welfare of employees or any person whose safety, health and welfare may be affected by work activities. The Government also refers to the National Strategy and Action Plan on the Elimination of Gender-Based Violence, which foresees actions to eliminate gender-based violence. The Committee notes that these policies do not seem to expressly foresee specific actions in relation to violence and harassment in the world of work. The Committee requests the Government to indicate if any measures specifically aimed at addressing violence and harassment in the world of work have been adopted or envisaged in the framework of relevant policies, including the National OSH Policy or the Advisory Council for OSH, and the National Strategy and Action Plan on the Elimination of Gender-Based Violence or whether it has provided for the extension of other measures to the world of work.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee takes due note of the various actions the Government informs about, including: (1) awareness raising sessions conducted by the Ministry of Gender Equality and Family Welfare for 17 other Ministries and for the private sector; (2) sensitization campaigns, guidelines and codes done by the EOC for workers, employers and the general public on the promotion of equality of opportunity; (3) trainings to police officers on the Convention; (4) sensitization by labour inspectors of workers and the appraisal of employers of their obligations in relation to violence and harassment when carrying out inspections; and (5) campaigns by the Crime Prevention Unit to raise the awareness of the general public regarding the Convention. The Committee encourages the Government to continue its efforts and to continue providing information on the guidance, training and awareness-raising activities carried out, including data on the level of participation of men and women in such initiatives, and the measures adopted to ensure they are provided in an accessible format, where appropriate. The Committee also asks the Government whether it has considered to elaborate guidance materials that would compile the main legal rules applicable to cases of violence and harassment in the world of work.