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Labour Administration Convention, 1978 (No. 150) - Mauritius (RATIFICATION: 2004)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 5(a) of the Convention. Cooperation between the labour inspectorate and other public bodies. 1. Effective cooperation with competent bodies entrusted with the registration of establishments liable to labour inspection. Following its previous comment, the Committee notes the Government’s indication that the Labour and Industrial Relations Division (LIRD) of the Ministry of Labour, Human Resource Development and Training (MLHRDT) is working on the establishment of a centralized database of undertakings liable to inspection with a view to improving the planning and monitoring of inspection activities. The Committee also notes that the Occupational Safety and Health Division (OSHD) of the MLHRDT indicates that the data mentioned in the record of registration of factories, pursuant to section 88 and 91 of the Occupational safety and Health Act 2005 (OSHA), helps the Division to easily identify hazards with respect to the nature of activities and to plan inspections accordingly. The Committee requests the Government to continue to provide information on the progresses made in the establishment of a centralized database of undertakings liable to inspection with a view to better plan and monitor inspection activities. It also requests the Government to indicate how the database and the record of registration are used to ensure effective co-operation between inspection services and other Government services.

2. Effective cooperation between the labour inspection services and the justice system. The Committee notes the information provided by the Government in reply to its request on the reason of the decrease in criminal cases referred to court by the Inspection and Enforcement Section. In this regard, it notes that according to the Government this decrease may be due to multiple causes, including the fact that employers are becoming more aware of the provisions of the law. This can be explained, according to the Government, by the increased contact with labour inspectors during inspections visits; by increased sensitization campaigns and training and by easier access to information on legislation on the website of the Ministry. The Government also refers to the willingness of employers to take remedial actions and to comply with “compliance notices” issued by the MLHRDT or other requests for compliance from the labour inspectors regarding infringement of the legislation. In addition, the Committee notes the information provided by the Government on the cooperation between the LIRD and the justice system, in particular the training courses organized by the Office of the Director of Public Prosecutions (ODPP) for the officers of the LIRD. The Committee notes that the Government report contains information concerning the numbers of civil cases referred by the labour inspectors to Chambers and Open Court, the numbers of cases disposed of and the amount recovered, for the period between 2017 to May 2021. However, the Committee notes that the Government report does not contain data on the breakdown of criminal cases referred for prosecution by the OSHD and the LIRD. Therefore, the Committee requests the Government to provide information on the number of criminal cases referred to the judiciary by labour inspectors and to include statistics on the outcome of the cases referred, including the penalties imposed and fines collected.

Articles 10, 11 and 16. Material resources of the labour inspectorate and visits of inspection. Following its previous comment, the Committee notes the information provided by the Government on the human resources of the labour inspectorate and their geographical distribution. The Committee also notes the information provided by the Government regarding the creation in 2016 of the Employees’ Lodging Accommodation Unit and the Construction Unit, both under the OSHD. According to the Government, the Employees’ Lodging Accommodation Unit comprises of 12 officers while the Construction Unit, counts eight officers. The Committee notes that for the financial year 2020/2021, the Labour and Industrial Relations Officers team encompasses a total number of 129 officers and the Occupational Health and Safety team a total number of 64 officers. However, the Committee notes that according to the Government report a number of posts, both in the LIRD and in the OSHD, remain vacant and that some of those positions are still unfunded. The Committee requests the Government to continue to provide information on the strength of the labour inspectorate. It also requests the Government to continue to adopt the necessary measures to ensure that adequate budgetary resources are allocated for the funding of the vacant positions.

Articles 14 and 21(g). Recording and notification of cases of occupational disease. In its previous comment, the Committee noted that statistics on occupational diseases are maintained by the Occupational Health Unit within the Ministry of Health and Wellness. The Committee notes the Government’s indication that pursuant to section 86 of the OSH Act 2005, employers are required to notify the Director of Occupational Safety and Health, of cases of occupational disease. In this regard, the Government indicates that no occupational diseases have been notified for the period 1 June 2017 to 31 May 2020. The Committee requests the Government to provide an assessment on the reasons for the lack of reporting of any cases of occupational disease and to provide information on any violations of the employer’s duty to notify cases of occupational disease. The Committee further requests the Government to provide detailed information on the recording and procedure for the notification of cases of occupational disease.

Articles 20 and 21. Content and publication of an annual report. Following its previous comment, the Committee notes the statistical information provided by the Government in its report, including the number of inspection visits undertaken, the number of complaints, the number of civil cases referred to and disposed of in Chambers and Open Court and the number of occupational accidents. The Committee notes the Government’s indication that monthly reports prepared by inspection officers are submitted to the Statistic Unit of the MLHRDT for compilation and preparation of annual report. The Committee also notes that according to the Government the annual reports for period July 2016 to June 2017 and period July 2019 to June 2020 have already been published on the website of the MLHRDT and that the annual report for period July 2020 to July 2021 is under preparation. The Committee requests the Government to transmit copies of the annual inspection report to the Office maximum within three months from its publication. It also requests the Government to adopt the necessary measures to ensure that the labour inspection report contains complete information on all the subjects listed in Article 21(a)–(g), including the number of workplaces liable to inspection, the number of workers employed therein, statistics on occupational diseases, as well as data on the violations detected and the number and nature of the penalties imposed.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 6(2)(a) of the Convention. National Employment Policy. Following its previous comment on the development of the National Employment Policy (NEP), the Committee notes the Government’s indication that to reactivate the formulation of the NEP, the Ministry in collaboration with ILO, organized a tripartite workshop in May 2018 with a view to agree on the key priority areas and structure that should be incorporated in the NEP. The Committee notes the ongoing development of the NEP and that the finalization of the drafting is expected by end of December 2021. In addition, the Government indicates that the ratification of the Employment Policy Convention, 1964 (No. 122) will be considered once the formulation and development of the National Employment Policy is finalized. While taking due note of this information, the Committee requests the Government to continue to provide information on the development of the NEP and to provide information on its implementation, once adopted.

Article 9. Supervision of parastatal agencies active in the area of employment policy. In its previous comment, the Committee noted that the National Empowerment Foundation (NEF) has been assigned the main role of promoting a better match between the demand and supply of labour and training. The Committee notes the Government’s indication that there is a close collaboration between the NEF and the Ministry of Labour with regard to directing beneficiaries to potential employers. In addition, the Committee notes the information provided on the training programmes implemented, the stakeholders involved in training and the number of beneficiaries trained. The Committee requests the Government to continue to provide information on the manner in which the activities of the NEF are supervised and the manner in which coordination is ensured between the NEF and the central labour administration.

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The Committee notes the information provided by the Government in its reply to its previous comments concerning Article 4 of the Convention on the effective operation and coordination of the system of labour administration and on Article 5 on tripartite consultation.

Article 6(2)(a). National Employment Policy. The Committee notes the Government’s indication that since 2010 it has been developing a National Employment Policy (NEP) and that it held tripartite workshops on this in 2011 and 2014. However, the Government indicates that it intends to revise the latest draft to reflect recent policy decisions. ILO financial and technical assistance has been sought in order to contextualize the current draft NEP and adapt it to new priorities, and to formulate an action plan to implement the policy. The Committee requests the Government to continue to provide information on the development of the NEP and to provide information on its implementation, once adopted.

Article 9. Supervision of parastatal agencies active in the area of employment policy. The Committee notes the Government’s indication that the National Empowerment Foundation (NEF) has been assigned the main role of promoting a better match between the demand and supply of labour and training, and notes the information provided by the Government on the work of the NEF with respect to training and placement. The Committee requests the Government to provide information on the manner in which the activities of the NEF are supervised and the manner in which coordination is ensured between the NEF and the central labour administration.

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Article 4 of the Convention. The Committee takes note with interest of the structural plan of the Ministry of Labour, Industrial Relations and Employment which reveals the existence of a mature labour administration system. It also notes that the reports on the activities of the various labour administration bodies are available on the Internet. The Committee would be grateful if the Government would indicate the manner in which the activities of the principal labour administration services are evaluated and coordinated and the manner in which the Ministry of Labour, Industrial Relations and Employment reports on its activities.

Article 5(1) and (2). The Committee notes the information provided by the Government on the manner in which consultation, cooperation and negotiation take place between the public authorities and employers’ and workers’ organizations. The Committee would be grateful if the Government would communicate in its next report information on the activities carried out by the Labour Advisory Council, the Advisory Council for Occupational Safety and Health, the National Economic and Social Council and the National Pay Council during the reporting period.

Article 6(2)(a). Preparation, administration, coordination, checking and review of national employment policy. The Committee notes the information provided by the Government on the steps taken for the elaboration of a national employment policy and the fact that the Ministry is seeking the assistance of the ILO in this regard. The Committee requests the Government to provide information on the progress made in the elaboration of a national employment policy by the labour administration system and invites it to submit a formal request for technical assistance to the ILO in this regard.

Articles 6(2)(a) and 9. Supervision of parastatal agencies active in the area of employment policy. According to the Government, two bodies are active in the area of employment policy: the Employment Promotion Advisory Committee established in August 2006 and the Empowerment Programme (now the National Empowerment Foundation) instituted around the same time in order to promote a better match between demand for and supply of labour and facilitate training. Noting that according to Article 9, the activities carried out by parastatal agencies to which particular labour administration activities may have been delegated should be supervised by the Ministry of Labour. The Committee would be grateful if the Government would specify the status of the Employment Promotion Advisory Committee and the National Empowerment Foundation and the manner in which their activities are supervised in the framework of the labour administration system. Please also indicate the activities carried out by these bodies during the reporting period, and their impact.

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The Committee notes the Government’s first report on the application of the Convention, received on 4 September 2006. It requests it to provide additional information on the following points.

Article 3 of the Convention. In many countries, national labour standards may be the result of collective agreements between employers’ and workers’ organizations which are authorized to negotiate and conclude them. This provision of the Convention sets forth the principle of recourse to direct bilateral negotiations as a possible way of settling matters relating to national labour policy, as collective agreements are an important means of creating national labour standards, which may either supplement legislative and regulatory texts in specific fields or may lay down basic labour standards that the legislator may subsequently adopt and complete. Although the negotiation of collective agreements lies essentially within the competence of the social partners, the public authorities may intervene, particularly by extending such agreements. In its 1997 General Survey on labour administration, the Committee also recalls that the system of labour administration may intervene also to contribute in smoothing out difficulties which may arise during the preparation of collective agreements (paragraphs 57, 58 and 59). While noting the Government’s indication that the Industrial Relations Act sets out a comprehensive code of practice for conducting collective bargaining on terms and conditions of employment, the Committee would be grateful if the Government would specify, in the light of the above, the fields of labour legislation which are or may be governed by collective labour agreements. It also requests the Government to provide details on the role played by the public authorities in the procedure for the preparation, implementation and extension of collective agreements.

Article 4. The Committee notes that labour administration bodies are not bound to submit reports on their respective activities to the Ministry of Labour, Industrial Relations and Employment, but that such information can be consulted on their respective web sites. The Government is requested to provide a copy of the structural plan of the labour administration system and the Internet addresses of the labour administration web sites. It would be grateful if the Government would also indicate the manner in which it is ensured that the labour administration system operates in an effective manner and that the functions and responsibilities entrusted to it are properly coordinated.

Article 5, paragraphs 1 and 2. Noting with interest the detailed information concerning the Human Resources Development Council established by Act No. 27 of 2003, the Committee also requests the Government to provide copies of the texts establishing and determining the functions and operation of the various tripartite committees participating in the labour administration system, such as the Labour Advisory Board (Part X of the Labour Act, as amended in 2004), the Advisory Council for Occupational Safety, Health and Welfare (the Occupational Safety, Health and Welfare Act, 1988) and the Tripartite Committee of the National Economic and Social Council, referred to by the Government in its report. The Government is requested to indicate the various levels (national, regional, local or enterprise) at which consultation, cooperation and negotiation take place between the public authorities and employers’ and workers’ organizations.

Article 9. The Committee would be grateful if the Government would provide detailed information on the manner in which it is ensured that any regional or local agencies to which particular labour administration activities may have been delegated are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. The Committee notes the information on the staffing of certain departments of the Ministry of Labour, Industrial Relations and Employment. It would be grateful if the Government would provide information in its next report on the staff numbers of the labour administration, their status and the budget allocated to it and its proportion in relation to the total Government budget.