Effect given to the recommendations of the committee and the Governing Body - REPORT_NO356, March 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 86. The Committee last examined this case, which concerns alleged irregularities in the process leading to the setting up of a new bargaining structure, called the National Wages/Pay Council (NPC), as well in this body’s composition, mode of designation of representatives and of objectives, at its March 2009 meeting. On that occasion, the Committee made the following recommendation [see 353rd Report, paras 124–138]:
   • The Committee trusts that the Government will continue to pursue full and frank consultations on ways to improve the composition and functioning of the NPC, including the basis on which the salary compensation should be decided. The Committee requests the Government to keep it informed in this regard and requests it to provide further information on the Government’s response to the TUCP recommendations that the Government accept or reject in toto those recommendations of the NPC that may be decided by consensus and to clarify whether workers may go on strike against an NPC decision should it lack consensus.
2. 87. In a communication dated 1 April 2009, the Confédération Syndicale de Gauche (CSG), comprising the complainant General Workers’ Federation (GWF) and other workers’ organizations indicates that: (1) the Government has not initiated full and frank consultations with the representatives of the social partners nor held in-depth discussions so as to arrive at a conclusion in this regard, which is satisfactory to all parties concerned; (2) the functioning, composition and objectives of the NPC have remained intact, despite the Committee’s recommendations; and (3) the Confederation is not aware of any communication sent by the Government of Mauritius to keep the Committee informed of developments in respect of the NPC. The CSG submits a detailed summary of the situation from March 2008 to March 2009 and provides a copy of the Additional Remuneration Act 2008 that was adopted following the NPC’s recommendations with regard to the 2008 salary compensation. It further indicates that from October 2008 to March 2009, no discussions concerning the NPC were held with the trade union movement and that in particular, the criteria to determine salary compensation (terms of reference) did not change since 2007.
3. 88. In a communication dated 17 August 2009, the Government indicates that discussions on the determination of salary compensation were supposed to take place following the receipt, by the Government, of a memorandum submitted by TUCP representatives. However, as the representatives did not submit a memorandum, no meeting was held until 27 April 2009. In that meeting, trade unions’ representatives stated that they were not willing to participate in the deliberations of the NPC or submit any memorandum unless the criteria for the determination of salary compensation were changed. The Government indicates that meetings were held on 7 and 15 May 2009 in order to discuss the quantum of 2009–10 salary compensation and that the trade unions’ representatives did not attend any of them. The Government indicates that the Additional Remuneration Act 2009 was passed on 7 July 2009 following the recommendations of the NPC ((1) a salary compensation of 5.1 per cent paid to workers drawing up to 3,800 Mauritian rupees (MUR) per month; (2) a uniform compensation of MUR200 paid to workers drawing salary from MUR3,801 to MUR12,000; and (3) no salary compensation paid to workers drawing above MUR12,000 per month). The Government adds that since trade unions’ representatives maintain that the inflation rate should be the only criteria used in order to determine the salary compensation, they have shown no predisposition whatsoever to consider any other possibility. As they refuse to participate in the deliberations of the NPC, full and frank discussions appear to be compromised. The Government however indicates that discussions will be pursued as soon as the trade unions’ representatives indicate their willingness to do so. The Government provides a copy of the note of the meeting held by the Minister of Labour, Industrial Relations and Employment with the TUCP on 29 September 2008.
4. 89. The Committee notes, from the information at its disposal, that no further meetings regarding the composition and functioning of the NPC have been held since its previous examination of this case. Although a meeting was held on 27 April 2009, the TUCP representatives stated that they were not willing to participate in the deliberations of the NPC or submit any memorandum unless the criteria for the determination of salary compensation were changed. Furthermore, the Government indicates that meetings were held on 7 and 15 May 2009 in order to discuss the quantum of 2009–10 salary compensation and that the trade unions’ representatives did not attend any of them.
5. 90. The Committee notes that the obstacle to further consultations, thus, continues to be the TUCP worker representatives’ insistence that the computation of salary compensation be based solely on the increase of the cost of living. Noting the Government’s indication that discussions will be pursued as soon as the trade unions’ representatives indicate their willingness to do so, the Committee expresses the hope that the Government and the TUCP will soon find a solution to the current impasse and trusts, once again, that the Government will continue to pursue full and frank consultations on ways to improve the NPC, including the basis on which the salary compensation should be decided. It requests to be kept informed of developments in this regard. Furthermore, the Committee once again requests the Government to provide further information on the Government’s response to the TUCP recommendations that the Government accept or reject in toto those recommendations of the NPC that may be decided by consensus and to clarify whether workers may go on strike against an NPC decision should it lack consensus.