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Protection of Wages Convention, 1949 (No. 95) - Mauritius (RATIFICATION: 1969)

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Article 3, 7 and 14(a) of the Convention. Prohibition of the payment of wages in the form of vouchers, coupons or in any other form alleged to represent legal tender. Works stores. Information on wages before entering employment and when any changes occur. The Committee notes that the Workers’ Rights Act 2019 does not contain provisions giving effect to these Articles of the Convention. The Committee therefore requests the Government to provide information on the manner in which it is ensured that: (i) the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender is prohibited (Article 3); (ii) the workers are free from any coercion to make use of work stores or services and, that when they use them, the goods or services are provided at fair and reasonable prices for the benefit of the workers concerned (Article 7); the workers are informed, in an appropriate and easily understandable manner, before they enter employment and when any changes take place, of the conditions in respect of wages under which they are employed (Article 14(a)).

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee notes that the Government’s report does not provide explanations as to the high income employees who are excluded from the scope of application of the Employment Rights Act, No. 33 of 2008, that is to say, workers whose basic salary exceeds 360,000 Mauritian rupees (approximately US$11,500) per year. The Committee once again recalls that the Convention applies to all persons to whom wages are paid or payable, and that exclusions are permitted on condition they are limited to categories of persons whose circumstances and conditions of employment are such that the application of the Convention to them would be inappropriate. The Committee accordingly requests the Government to provide additional information in this regard, including the approximate number of employees who are currently excluded from the coverage of the Employment Rights Act, the reasons for such exclusion and any consultations which may have been undertaken prior to the adoption of the relevant provision of the Employment Rights Act.

Article 4. Partial payment of wages in kind. Following up on earlier comments relating to the conditions under which and the limits within which wages could be paid in the form of in kind benefits under the Labour Act of 1975, the Committee notes the Government’s statement that, following the repeal of the Labour Act, the law no longer provides for payment of wages in the form of allowances in kind. The Committee notes, however, that under section 1 of the Employment Rights Act, the term “remuneration” is defined as “all emoluments, in cash or in kind, earned by a worker under an agreement”. The Committee therefore requests the Government to provide clarifications in this respect.

Article 10(2). Assignment of wages. The Committee notes that although section 22(2) of the Employment Rights sets out an overall limit to authorized deductions from wages, including deductions based on a court order, known also as attachment or garnishment order, no similar provision is to be found with regard to voluntary arrangements, or assignment, whereby part of the wages are paid directly to the creditor in settlement of debts. The Committee accordingly requests the Government to indicate any measures taken or envisaged with a view to limiting the assignment of wages to the extent deemed necessary for the maintenance of the workers and their families, as required under Article 10 of the Convention.

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Article 2 of the Convention. Scope of application. The Committee notes the adoption of the Employment Rights Act No. 33 of 2008 which repeals the Labour Act of 1975. It notes that under section 2 of the Employment Rights Act, workers whose basic wages exceeds 360,000 Mauritian rupees (MUR) (approximately US$11,600) per year are excluded from the scope of application of the provisions implementing the Convention. The Committee recalls that according to Article 2(1) the Convention applies to all persons to whom wages are paid or payable and although exceptions are permitted under Article 2(2), these should remain exceptional. In order to be able to assess the impact of the exclusion established under section 2 of Act No. 33, the Committee requests the Government to provide information on the relationship between the limit set by this section (MUR360,000) and the average or median wage at the national level as well as information on the approximate number of workers excluded from the coverage of the provisions of Act No. 33 and also whether any, and if so, what consultations were undertaken in deciding upon the exclusion.

Article 10(2). Assignment of wages. Further to its previous comment, the Committee notes that section 22(2) of Act No. 33 establishes limits on deductions from wages made by the employer, including deductions from wages made following a judicial decision, but no similar provision seems to exist to limit the worker’s voluntary assignment of his/her wages. The Committee hopes that the Government will soon be in a position to regulate the conditions and limits within which wages may be assigned and requests it to keep the Office informed of any decision taken in this regard.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including information on infringements of the legislation regarding protection of wages – in particular those related to problems of wage arrears or non-payment of wages – and measures taken to address such problems.

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The Committee notes the Government’s report and attached documents.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the Government’s explanations that there has been no application for obtaining an authorization for the partial payment of wages in kind under section 10(2) of the Labour Act and that this provision will be reviewed in the context of the revision of the Labour Act. The Committee has been in receipt of an advance copy of the Employment Rights Bill, which is currently under consideration, and in which any reference to a form of payment of wages other than in legal tender has been omitted. The Committee requests the Government to keep it informed of the ongoing process of revision of the Labour Act and to transmit a copy of the new legislation as soon as it is adopted.

Article 10, paragraph 2. Attachment of wages. The Committee recalls its previous comment concerning the need to determine the proportion of the wages which may not be subject to attachment or assignment in order to protect workers’ income security and enable them and their families to satisfy their subsistence needs. In its reply, the Government indicates that consideration is being given in the new legislation replacing the Labour Act to the introduction of an overall limit with respect to attachment and assignment of wages. The Committee requests the Government to keep it informed of any developments in this regard.

Part V of the report form. The Committee notes that according to the information provided by the Government, 3,670 cases of non-payment of wages were observed between June 2004 and May 2007, and MUR11.5 million (approximately US$366,700) were recovered. The Committee requests the Government to continue supplying up to date information on the application of the Convention, including more detailed information on any specific categories of workers or sectors of economic activity which would be particularly affected by problems of non-payment or delayed payment of wages.

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The Committee notes the information provided in the Government’s report.

Article 10 of the Convention. In response to the Committee’s earlier comments, the Government indicates that the attachment of wages is only possible with the worker’s consent or by virtue of a court order for the purpose of securing the payment of an alimony. The Committee notes that Article 10 of the Convention provides for the protection of workers’ wages not only against attachment but also against assignment, and therefore asks the Government to supply information on the measures taken or contemplated to protect workers’ wages in respect of assignment in accordance with the provisions of the Convention. The Committee points out that, under Article 10(1) of the Convention, "wages may be attached or assigned only in a manner and within limits prescribed by national laws or regulations" which implies that national legislation has to determine the proportion of the wages which shall be immune from attachment or assignment enabling workers and their families to satisfy their basic needs. The Committee suggests that the Government may wish to consider introducing an overall limit with respect to attachment and assignment of wages comparable to that established under article 13(3) of the Labour Act with respect to deductions.

Part V of the report form. The Committee would appreciate the Government’s providing additional information on the manner in which Article 4 of the Convention is applied in practice, and in particular on the prerequisite conditions, if any, for obtaining an authorization for the partial payment of wages in kind under article 10(2) of the Labour Act of 30 December 1975.

The Committee hopes that the above comments will be taken into account and that the next report will contain information on the measures adopted to bring national legislation into conformity with the Convention.

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Further to its previous requests, the Committee notes that the provisions of section 13(2) and (3) of the Labour Act 1975, to which the Government refers again, relate to the regulation of deduction from wages. It recalls that, concerning the attachment of wages for alimony, the Government has earlier supplied the text of a judicial decision which sets a limit on the amount of such attachment. The Committee notes the Government's indication that there are no judicial decisions concerning the attachment of wages in other cases than alimony and the assignment of wages. It requests the Government to state what measures have been taken or envisaged to protect wages from attachment or assignment so as to ensure the maintenance of the worker and his family in accordance with Article 10 of the Convention.

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Article 10 of the Convention. The Committee notes with interest the text of the judicial decision supplied by the Government with its report which sets a limit on the amount by which wages may be attached for alimony. It also notes the Government's indication that a rule of practice has developed in law courts not to attach more than one-third of the salary of a worker. The Committee would be grateful if the Government would supply the text of judicial decisions concerning the attachment of wages in other cases than alimony and the assignment of wages.

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Article 8, paragraph 1, of the Convention. The Committee notes the explanations provided by the Government on the application of this provision of the Convention.

Article 10. The Committee notes that a provision to set a limit on the amount by which wages may be attached for alimony is under consideration. It hopes that the Government will be able in the near future to adopt amendments to regulate the attachment of wages in the case of alimony as well as in other cases, and the assignment of wages, as provided by this Article.

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Article 8, paragraph 1, of the Convention. The Committee notes the 1984 amendment of section 13(2) of the Labour Act. It recalls that under this provision of the Convention the conditions under which and the extent to which deductions may be made should be fixed by national laws, collective agreements or arbitration awards, and not left to the discretion of the parties concerned. It regrets to note, however, that the amendment - which was adopted since the Committee forwarded its previous comments to the Government - has established no limits on deductions from wages. The Committee therefore reiterates the hope that the Government will take measures in the near future to ensure compliance with this provision of the Convention.

Article 10. The Committee notes the provisions of the Courts Act and the Courts (Civil Procedure) Act concerning attachment of wages in alimony and bankruptcy or insolvency cases, which were communicated with the Government's report. It notes that this legislation, including amendments made as recently as 1984, sets no limits on the amounts by which wages may be attached for alimony as required by the Convention; but some limits are set on the amounts which may be deducted from wages to apply against the debts of a person who is bankrupt or insolvent. The Committee therefore hopes that the Government will take measures necessary to regulate the attachment of wages in other cases, as well as the assignment of wages, as required by this Article.