CMNT_TITLE

Maternity Protection Convention, 2000 (No. 183) - Mauritius (RATIFICATION: 2019)

Other comments on C183

Direct Request

2021

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The Committee notes the Government’s first report.

Article 2 of the Convention. Scope of application. The Committee notes the indication by the Government that the provisions of the Convention are applied by the Workers’ Rights Act 2019 (WRA 2019), which covers persons working under an employment agreement or a contract of apprenticeship. The Committee further notes that the WRA 2019 does not apply to public and local government officers; workers of the Pay Research Bureau, an institution mandated by the Government to review conditions of employment and organizational structures in the public sector; and atypical workers and homeworkers whose basic wage exceeds MUR 600,000 per year (approximately USD 13,866) (section 3 of the WRA 2019). Recalling that, pursuant to Article 2 of the Convention, all employed women, including those in atypical forms of dependent work must benefit from the protection set out therein, the Committee requests the Government to provide information on the legislative provisions governing maternity protection for the abovementioned categories of employed women excluded from the scope of the WRA 2019, and the manner in which they guarantee the application of the Convention.

Article 3. Health protection. (i) Work prejudicial to the health of a pregnant or breastfeeding woman and her child or posing a significant risk. The Committee notes that, pursuant to sections 23(3) and 52(8)(9) of the WRA 2019, an employer shall not require a pregnant woman to perform night shift work, overtime work, or work which requires continuous standing. The Committee further notes that pregnant women engaged in the cultivation of field crop shall not be required to lift or carry any material or equipment (section 3 of the Field-crop and Orchard Workers (Remuneration) Regulations 2019). In addition, the performance of light work only is allowed for pregnant women engaged in the livestock industry (section 3 of the Livestock Workers (Remuneration) Regulations 2019). The Committee requests the Government to provide information on any other type of work or occupation that would have been determined by the competent authority to be prejudicial to the health of pregnant and breastfeeding women and their children. The Committee further requests the Government to indicate if there exists a procedure to assess the health risks for a pregnant or breastfeeding worker and her child to perform a particular type of work, and to indicate the relevant legislative provisions.

(ii) Measures ensuring that pregnant or breastfeeding women are not obliged to perform work prejudicial to their health or their children’s. The Committee requests the Government to indicate the measures empowering pregnant and breastfeeding women to decide not to perform work which is prejudicial to their health or to the health of their children (for example, elimination of work-related risk, an adaptation of conditions of work, a transfer to another post, or paid leave), as provided for in Article 3 of the Convention.

Article 6(6). Adequate benefits out of social assistance funds. The Committee requests the Government to indicate if women who do not qualify for maternity cash benefits under the WRA 2019, and more particularly, women who are employed in the informal economy, are entitled to cash benefits and to indicate the relevant legislative provisions.

Article 6(7). Medical care benefits. The Committee notes the indication by the Government that the population of Mauritius is entitled to free medical services in hospitals, at all times. The Committee also notes that, according to the Customer Charter of the Ministry of Health and Wellness, prenatal and postnatal medical care, as well as hospitalization are included in the list of primary health care services which are provided free of charge.

The Committee observes however that the United Nations Committee on the Elimination of Discrimination against Women, in its 2018 concluding observations, expressed concern at the high rate of maternal mortality and recommended to improve access to basic prenatal and postnatal care and emergency obstetric services provided by skilled birth attendants (CEDAW/C/MUS/CO/8, paragraphs 27–28). The Committee requests the Government to provide information on the measures taken or envisaged to improve the quality and the due provision of maternity medical care benefits, in line with Article 6(7) of the Convention.

Article 8(1). Termination of employment. The Committee notes that, as per section 52(11) of the WRA 2019, an employer shall not give a notice of termination of employment for any reason to a woman worker during her maternity leave and nursing period, unless the grounds of the termination relate to the economic, technological, or structural changes affecting the employer’s activities. The Committee further notes that, pursuant to section 64(1)(a)(b) of the WRA 2019, an employer shall not terminate a workers’ employment contract on the grounds of pregnancy, during her absence on maternity leave or during the nursing period. In case of violation by an employer of section 64(1) of the WRA 2019, the court may order the payment of severance allowance to such worker if she has been employed for at least 12 months (section 70(1)(b) of the WRA 2019). The Committee requests the Government to indicate the recourses available, as well as the remedies afforded to employed women employed for less than 12 months in case of unjust dismissal related to pregnancy or maternity.

The Committee also observes that the UN Committee on Economic, Social and Cultural Rights, in its 2019 concluding observations, expressed concern about reports that migrant workers were subjected to termination of employment during pregnancy (E/C.12/MUS/CO/5, paragraph 32). In this context, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that pregnant or breastfeeding migrant workers are not subject to unjust dismissal in practice.

Article 9. Prohibition of pregnancy test requirement. The Committee notes that section 5(1)(a)(b) of the WRA 2019 prohibits any discrimination in employment, including access to employment. The Committee further notes that section 5(3)(a) of the Equal Opportunities Act of 2008 prohibits discrimination on the ground of pregnancy or potential pregnancy and family responsibilities. The Committee also observes that the WRA 2019 does not contain provisions prohibiting employers from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment, as required by Article 9(2) of the Convention. In the absence of such a provision in national legislation, the Committee requests the Government to indicate how it is ensured that women who are applying for employment are not required to do a test for pregnancy or to present a certificate of such a test, pursuant to Article 9(2) of the Convention.

Application of the Convention in practice. Women workers engaged in the informal economy. The Committee notes from the information provided by the Government that, in 2018, the total number of women workers was 100,115, whereas the number of women workers engaged in the informal economy amounted to 17,076. The Committee requests the Government to provide information on any measures in place to ensure that women workers in the informal economy benefit, in law and in practice, from the protection guaranteed by the Convention, including information on the activities of the labour inspectorate in this respect.