Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its previous comments, the Committee notes with interest the adoption and entry into force of the new Employment Rights Act 2008, in particular section 2 which reproduces to the letter the definitions of the terms “part-time worker” and “comparable full-time worker” contained in Article 1 of the Convention. It also notes that under the same section, the definition of the term “worker” includes a part-time worker which implies that – unless otherwise expressly provided – the protective coverage of the new Employment Rights Act applies to all full-time and part-time workers without distinction.

Article 4(b) of the Convention. Occupational safety and health. The Committee notes that the new Occupational Safety and Health Act 2005 does not make any distinction between full-time and part-time workers.

Article 4(c). Discrimination in employment and occupation. The Committee notes with interest section 4 of the Employment Rights Act which introduces for the first time a general prohibition against discrimination in employment or occupation as well as in respect of access to employment or occupation.

Article 7(a). Maternity protection. The Committee notes with interest that compared to the previous Labour Act of 1975, the new Employment Rights Act 2008 provides for expanded maternity benefits (section 30), including maternity leave of 12 weeks on full pay, nursing breaks, limitations to the types of tasks pregnant workers can perform, no overtime allowed two months before confinement and protection against unfair dismissal.

Article 7(b). Termination of employment. The Committee notes that, under Parts IX and X of the Employment Rights Act, workers whose employment contract is terminated can opt for either admission to the Workfare Programme or payment of severance allowance. As regards the Workfare Programme, the Committee notes that this newly created programme entitles workers to receive a transition unemployment benefit and assistance in job-placement, training or for starting up a small business (section 41). According to section 40, however, for the purposes of this part of the Employment Rights Act, the term “worker” does not include part-time workers. With respect to severance pay, the Committee notes that for full-time workers severance allowance is a sum equivalent to three months remuneration for every period of 12 months of continuous employment (section 46(5)(d)), whereas for part-time workers severance allowance is a sum equivalent to one quarter of a month’s remuneration for every period of 12 months (section 46(9)). The Committee accordingly requests the Government to explain how it is ensured that the conditions on termination of employment applicable to part-time workers are equivalent to those for full-time workers, in particular as regards the scope of the Workfare Programme and the method of calculation of the severance allowance under the new Employment Rights Act.

Article 8, paragraphs 2 and 3. Thresholds for exclusion from social security schemes. The Committee notes the Government’s indication that the salary threshold under which contributions are not payable to the National Pensions Scheme, as of May 2008, is set at 830 rupees (MUR) (approximately US$27) for household workers and MUR1,380 (approximately US$45) for all other workers and that the prescribed thresholds are revised on an annual basis in line with an increase in earnings. It also notes that as from next year, the Central Statistics Office is expected to collect information on the number of part-time workers excluded from the National Pensions Scheme through the Continuous Multi-Purpose Household Survey questionnaire. The Committee would appreciate receiving all relevant statistical data as soon as they become available.

Part V of the report form. Application in practice. The Committee requests the Government to continue providing up to date and documented information on the practical application of the Convention, including the number of workers covered by the measures giving effect to the Convention, recent trends in part-time work, extracts from inspection reports showing the number and nature of infringements observed, etc.