Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C095

Direct Request

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

2019

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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.