CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Article 2 of the Convention. Workers’ right to weekly rest. The Committee notes the comments made by the Confederation of Private Sector Workers (CTSP) according to which following the entry into force of the Employment Rights Act 2008, all workers of the private sector are compelled to work on two Sundays in a period of one month. The CTSP indicates that since Sunday is considered as a public holiday and as such any work performed on a Sunday should be remunerated at double the regular rate, it is now an obligation for the workers of the private sector to perform overtime by working on two Sundays in a month.

In its reply, the Government refutes as unfounded the argument of the CTSP that overtime in the form of Sunday work has become compulsory. It indicates that section 14(5) of the Employment Rights Act, which specifies that every worker is entitled to a rest day of at least 24 consecutive hours in every period of seven consecutive days, and that the rest day must at least twice a month be a Sunday, or any other day agreed upon between the worker and the employer, is consistent with Article 2(3) of the Convention which requires that the weekly rest, wherever possible, be fixed so as to coincide with the days already established by tradition or custom. The Government adds that the introduction of some form of flexibility as regards the rest period was meant to cater for an increasing number of enterprises which by nature of their operational requirements need to work on a seven day basis.

While noting the Government’s explanations, the Committee is bound to observe that contrary to the Government’s declared intention, section 14(5) of the Employment Rights Act does not merely introduce another exception designed to respond to the needs of the specified types of industrial undertakings such as those for instance that for technical reasons must operate continuously if they are to maintain their efficiency, but introduces a permanent exemption of general application so that in reality the basic standard of Sunday weekly rest is for all practical purposes removed from the national legislation. The Committee wishes to recall that the Convention is articulated around three basic principles, i.e. continuity (a period of weekly rest comprising at least 24 consecutive hours), regularity (weekly rest to be enjoyed in every period of seven days), and uniformity (weekly rest to be granted, wherever possible, simultaneously to all the persons concerned and to coincide, wherever possible, with the traditional day of rest). Noting that section 14(5) of the Employment Rights Act 2008 does not fully reflect these principles, the Committee hopes that the Government will re‑examine on the next suitable occasion, the relevant provisions of the Employment Rights Act with a view to bringing them into line with the letter and the spirit of the Convention, in full consultation with the representative employers’ and workers’ organizations concerned.

CMNT_TITLE

Article 2, paragraph 1, of the Convention. Weekly rest. Further to its previous comments, the Committee notes with interest that the Employment Rights Act of 2008, which establishes the rules relating to weekly rest, applies to export processing zones, which until now were excluded from the scope of the rules relating to weekly rest, as a result of which section 20 of the Industrial Expansion Act of 1993 is repealed. The Committee would be grateful if the Government would provide a copy of the complete text of this Act as soon as possible so that it may be examined in detail.

Furthermore, the Committee notes that, according to the text of section 14(5) of the Employment Rights Act that was communicated to the Office, every worker is entitled to a rest period comprising at least 24 consecutive hours during every period of seven days, and that the day of rest must be granted at least twice a month on a Sunday or on any other day agreed upon between the worker and the employer. This possibility offered to the employer would therefore seem to have to come under the exceptions provided for in Article 4 of the Convention and not under the general scheme of Article 2, paragraph 1. The Committee notes that, if the weekly rest is not granted on the same day every week, the worker is not certain to benefit from a rest period during every period of seven days, as required by Article 2, paragraph 1, of the Convention. However, the Committee prefers to re-examine this point as soon as it has the possibility of examining the text of the new Act in its entirety.

Articles 4 and 6. Total or partial exceptions to weekly rest. The Committee notes that sections 15(1), 15(6) and 16 of the Labour Act, which provided that a worker could not be employed for more than six days a week and that work on the weekly rest day was carried out on a voluntary basis and in return for remuneration, have been replaced by the corresponding provisions of the Employment Rights Act. The Committee requests the Government to specify the new legal provisions applicable.

Furthermore, the Committee notes the list of exceptions to the general rules on weekly rest provided by the Government. The Committee observes from this list that guards in a number of industrial sectors (such as construction, metallurgy, salt production, printing and wood) working every day of the month are entitled to three days’ unpaid leave per month, one of which being a Sunday. The Committee draws the Government’s attention to the fact that the establishment of total or partial exceptions to the rules relating to weekly rest requires that both humanitarian and economic considerations be taken into account, and requires the prior consultation of the employers’ and workers’ organizations concerned. It also emphasizes that the objective of the Convention is to protect the health and welfare of workers by providing them with a minimum period of rest. It therefore requests the Government to provide further information on the consultations which have been held on the above exceptions and to specify the manner in which both humanitarian and economic considerations have been taken into account in this context.

Article 5. Compensatory rest. In its previous comment, the Committee expressed the wish to be kept informed of any progress made with regard to the introduction in the Employment Rights Bill of a provision providing for compensatory periods of rest for the exceptions to the ordinary weekly rest period. While noting that compensatory periods of rest were already granted in certain sectors and for certain workers, the Committee recalls that compensatory periods of rest are essential to the protection of the health of employees and that, in accordance with Article 5 of the Convention, they are to be granted as far as possible. The Committee therefore requests the Government to indicate whether a general provision of this kind is included in the Employment Rights Act.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

CMNT_TITLE

Article 2, paragraph 2, of the Convention. In response to the Committee’s previous direct request, the Government explains that the export processing zones are currently facing serious problems as a result of new trade regulations and increased competition. The Committee takes note of this situation. The Committee also notes the creation, under the auspices of the Prime Minister, of an emergency management team and a policy intervention team to promote quick and effective decisions to remedy the situation. The Committee trusts that these high-powered bodies will also tackle the amendment of the Industrial Expansion Act of 1993, which does not provide for a weekly rest period of 24 consecutive hours, to bring the national legislation into conformity with the Convention. The Committee requests the Government to keep it informed of any steps taken to amend the legislation.

Article 5 of the Convention. The Committee welcomes the fact that legislative action is under way to include compensatory periods of rest for exceptions from the ordinary weekly rest period in the draft Employment Rights Bill which is currently under discussion at the level of the Labour Advisory Board. The Committee asks the Government to keep it informed of all progress achieved.

CMNT_TITLE

The Committee notes the report of the Government.

Article 2 of the Convention. Referring to its previous comments the Committee notes that the Government did not consider it opportune to bring the regulation under section 20 of the Industrial Expansion Act in conformity with Article 2 (1) of the Convention. The Committee must remind the Government that the ratification of Conventions generates the duty to bring the national legislation in conformity with the Convention and urges the Government to take any necessary steps to amend the Act. The Government is requested to indicate in the near future the progress achieved.

Articles 4 and 6. Section 15(2) and (6) of the Labour Act provides for the opportunity to work for more than six days a week including Sunday and public holidays. The Government mentioned also numerous exceptions under the Remuneration Order Regulations, which have been sent to the Office. The report of the Government includes no list in accordance with Article 6 of the Convention. The Committee asks the Government to furnish and include in its next report a detailed list required by this Article. The Government is requested to indicate for every exception in detail the provisions of the national law.

Article 5. This Article of the Convention provides that every member shall make as far as possible provisions for compensatory periods of rest for exceptions made in virtue of Article 4 of the Convention.

Section 16 of the Labour Act only provides for additional remuneration for work carried out on a public holiday. The section does not provide any opportunity for compensatory rest. Taking into account the numerous exceptions in accordance with Article 4 mentioned above, the Committee also notes that compensatory rest periods have been allowed in some industries. The Committee emphasizes that in principle compensatory rest has to be granted. Only if this is not possible can additional remuneration replace the compensatory rest period. The Committee hopes that the Government will take the necessary steps to bring the national regulation in conformity with the Convention in the near future. It requests information on the progress achieved and to supply a copy of the relevant text when it is adopted.

CMNT_TITLE

Article 2, paragraph 1, of the Convention. In its previous comments, the Committee noted the Government's indication that a decision would be taken with regard to bringing section 14(4) of the Export Processing Zones Act, 1970, into conformity with the Convention. It noted in particular that section 14(4) provides that "an employee shall not be allowed or required to work for more than seven consecutive days". In this regard, it further pointed out that despite section 14(4), according to the Government, the normal Sunday rest day is not always provided in practice. The Committee notes the Government's statement in its last report that it is still considering measures to bring the existing legislation in line with Article 2, paragraph 1, of the Convention and that it will keep the Office informed of any development. The Committee requests the Government to indicate in the near future the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.

CMNT_TITLE

Article 2(1) of the Convention. Further to its previous comments, the Committee notes the Government's statement that a decision as to measures to bring section 14(4) of the Export Processing Zones Act, 1970, into line with the Convention will be taken soon. Section 14(4) provides that "an employee shall not be allowed or required to work for more than seven consecutive days"; but the Government indicated earlier that it is not always applied in practice to provide the normal Sunday rest day. The Government states that, in addition to the work of a committee it has set up to look into the matter, the University of Mauritius is carrying out a study of absenteeism in the Zones. The Committee once again expresses the hope that the necessary measures will soon be taken in respect of this important sector of the Mauritian economy and that the Government will supply full details. Please also provide a copy of the Printing Industry (Remuneration Order) (Amendment) Regulations, 1990 (GN104), not received with the last report.

CMNT_TITLE

Article 2, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes the Government's statement that measures initiated to bring subsection 4 of section 14 of the Export Processing Zones Act, 1970 (under which "an employee shall not be allowed or required to work for more than seven consecutive days") into line with Article 2 of the Convention are still under consideration. The Committee hopes that the Government will be able to take the necessary measures in the very near future.