Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 81) sur l'inspection du travail, 1947 - Maurice (Ratification: 1969)

Articles 5(a) and 21(e) of the Convention. Effective cooperation between the labour inspection services and the justice system. The Committee notes with interest, with reference to its 2007 general observation, that under section 26 of the Occupational Safety and Health Act, 2005, the Permanent Secretary of the Ministry of Labour, Industrial Relations and Employment, or any officer of the Ministry, may conduct a prosecution under the OSH Act before any court other than the Supreme Court. They are also empowered, by the Industrial Court Act, in respect of legal provisions relating to conditions of work, to institute both legal and criminal proceedings in the Industrial Court for, and in the name of a worker, through its prosecution unit. The Committee notes in particular with interest that the principal occupational safety and health officers are provided with prosecution courses by officers of the State Law Office and act as prosecutors for the Occupational Safety and Health Inspectorate. The Committee also notes with interest that the powers entrusted to labour inspectors to conduct prosecutions before the Industrial Court, as well as before other courts, give them the opportunity to facilitate the proceedings, particularly by suggesting the postponement of a decision on the case until the defect is remedied. The Committee would be grateful if the Government would indicate any further measures taken to encourage cooperation between the labour inspectorate and the justice system, such as the organization of meetings, seminars or training sessions aimed at mutual awareness raising for common objectives, the exchange of information, the execution of decisions, etc., and on the impact of such cooperation on observance of the legal provisions pertaining to conditions of work and the protection of workers while engaged in their work.