Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mauritius (Ratification: 2005)

The Committee notes the comments submitted by the Mauritius Employers’ Federation dated 11 May 2010, by the Confederation of Private Sector Workers (CTSP) dated 7 June 2010 on the application of the Convention and by the International Trade Union Confederation (ITUC) dated 24 August 2010. The Committee also notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2685 (355th report).

The Committee notes with satisfaction that the Government indicates in its report that the Employment Relations Act 2008 (ERA) was proclaimed and took effect from 2 February 2009, addressing the following issues previously raised by the Committee: (i) section 5(1)(f) of the ERA establishes that the minimum membership requirement for the establishment of an employers’ organization is five employers; (ii) section 28 of the ERA provides that the registrar may investigate into any complaint against a trade union only if it is made by not less than 5 per cent of the members; (iii) section 45(c) of the ERA provides that the deduction of trade union fees from a workers’ wage shall cease to have effect in the manner provided for in the rules of the trade union; (iv) section 83(2) of the ERA provides that a worker shall not be entitled to any remuneration while on strike unless otherwise agreed by the parties; (v) sections 85(2), 87(2) and 90(5) of the ERA concerning the composition of the Employment Relations Tribunal, the Commission for Conciliation and Mediation and the National Remuneration Board, provide that the members of these bodies shall be appointed by the minister after consultation with the most representative organizations of workers and employers; and (vi) section 97 of the ERA lists the matters which “may” (instead of “shall”) be taken into account by the Tribunal, Commission or Board in the framework of their activities.

Nevertheless the Committee notes that certain discrepancies remain between certain provisions of the ERA and the Convention, especially in relation to the mechanism for the resolution of industrial disputes. The Committee examines these issues in a request directly addressed to the Government.

Article 2 of the Convention. Right to organize. In its previous observation, the Committee requested the Government to indicate the measures taken to guarantee migrant workers their trade union rights both in law and in practice and to take the necessary measures for the collection of data on the unionization levels of migrant workers in the export processing zones and offshore companies. The Committee notes that the Government indicates in its report that: (i) section 13 of the ERA provides that every employee, citizen or not, holding a work permit, shall be entitled to be a member of a trade union and that sections 29 and 32 of the ERA provide for the rights, respectively, of workers and employers, to freedom of association; (ii) section 29 also applies to migrant workers; (iii) sensitization campaigns are being held by officers of the Special Migrant Workers Unit (set up at the Labour Division of the Ministry of Labour, Industrial Relations and Employment) to apprise migrant workers of the provisions of the ERA, inter alia, basic workers’ rights to freedom of association; (iv) the workforce in large establishments of the Export Oriented Enterprises sector was of 66,138 as at March 2007 (61 per cent women and 24 per cent migrants), of 66,782 as at March 2008 (59 per cent women and 27 per cent migrants) and of 57,107 as at March 2009 (58 per cent women and 29 per cent migrants); and that (v) steps are being taken by officers of the Special Migrant Workers’ Unit to collect information on the rate of unionization of migrant workers during the inspection visits that are carried out. The Committee requests the Government to provide further information in its next report on the activities undertaken by the Special Migrant Workers’ Unit, the number of trade unions and the rate of unionization in EPZs, including vis-à-vis migrant workers.

Finally the Committee notes that the Government has requested ILO technical assistance in relation with the application of Conventions Nos 87 and 98 and hopes that this assistance will be provided in the near future.

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