CMNT_TITLE

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Mauritius (RATIFICATION: 1969)

Other comments on C019

Observation

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2012

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Article 1 of the Convention. Equality of treatment. For many years, the Committee has been drawing the Government’s attention to the need to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen Compensation Act, 1931, which does not ensure the level of protection equivalent to that guaranteed under the national pension scheme in the event of employment injury. In its report, the Government once again indicates that draft regulations revising section 3 of the Order of 1978 are still with the State Law Office for finalization. The new regulations will make provision for payment of contributions to the National Pensions Fund (NPF) and the National Savings Fund (NSF) in favour of non-citizens as from the first day of their employment. The Government also indicates that it is currently finalizing the merger of the Workmen’s Compensation Act, 1931 and the National Pensions Act, 1976, the delay being due to the various implications that needed to be taken into account. Recalling that the Government has been referring to the above measures since 2001, the Committee expresses its concern over this prolonged period of inactivity and its firm hope that the legislation resulting from the merger will soon be adopted and will fully comply with the principle of equal treatment between national and foreign residents guaranteed by the Convention without any condition as to residence.

[The Government is asked to reply in detail to the present comments in 2015.]