Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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

Articles 1 and 2 of the Convention. Scope of application of minimum wage rates. The Committee recalls its previous observation in which it had noted the comments made by the Private Sector Workers’ Front (FTSP) concerning the alleged abuses and overexploitation of workers in four economic sectors not yet covered neither by a wage Order nor by a collective agreement, namely the information and communication technology sector, the financial and other services sector, the seafood sector and the travel agents and tour operators sector. In its reply, the Government explains that with respect to the information and communication technology sector and the financial sector (including banks), it is not deemed necessary to have any (Remuneration Order) regulations since the wages prevailing in those sectors are not considered to be exceptionally low, and accordingly invokes the latitude afforded by Article 2 of the Convention to determine which trades or parts of trades should be covered by minimum wage legislation. As regards the sea food hub sector (fishing and processing), the Government indicates that the workers involved in fishing activities are either covered by the Banks Fisherman and Frigo Workers (Remuneration Order) Regulations of 1997 while workers employed by the processing plants are covered by either the Factory Employees (Remuneration Order) regulations or the Export Enterprises (Remuneration Order) Regulations, as the case may be. Finally, the Government indicates that upon the recommendation of the National Remuneration Board (NRB), draft (Remuneration Order) Regulations have been prepared for the travel agents and tour operator sector and they have been submitted to the State Law Office for vetting. Noting the Government’s detailed explanations, the Committee would be grateful if the Government would transmit a copy of the new regulations once they are issued.

Moreover, the Committee notes with satisfaction the adoption of the Employment Relations Act No. 32 of 2008 which repeals the Industrial Relations Act and which expressly provides in section 90(2) for the equal representation of employers’ and workers’ organizations in the operation of the tripartite National Remuneration Board – a point on which the Committee has been commenting for a number of years.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the observations of the Front of Workers from the Private Sector (FTSP), received on 29 January 2008 and transmitted to the Government on 28 February 2008, concerning the application of the Convention.

The FTSP states that while there are 29 wage orders covering different branches in the private sector, there are four new economic sectors which are not yet covered either by a wage order or by a collective agreement. These sectors are the information and communication technology sector, the financial and other services sector, the seafood sector which is currently regulated under the legislation on export processing zones and the travel agents and tour operators sector. According to the FTSP, employees in these four sectors are subjected to abuses and over-exploitation. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the FTSP.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information contained in the Government’s report and attached documents.

Article 3, paragraph 2(2), of the Convention. Equitable representation of employers and workers. The Committee notes the Government’s statement that the new legislation replacing the Industrial Relations Act (Act No. 67 of 1973, as amended) will explicitly provide for employers’ and workers’ organizations to be represented in equal numbers and on equal terms in the minimum wage fixing process. The Committee has been in receipt of an advance copy of the Employment Relations Bill, section 93(2) of which provides that the National Remuneration Board will be composed of eight members including two representatives of workers and two representatives of employers. It requests the Government to keep it informed of any developments in this regard and to transmit a copy of the new legislation once it is adopted.

Article 3, paragraph 2(3). Differentiated wage levels. The Committee notes with interest the Government’s indications on the ongoing legislative action for the removal of all gender-specific pay differentials. It also notes the elimination of gender-specific job appellations in two recent Remuneration Order Regulations. The Committee further notes that under the revised Field Crop and Orchard Workers (Remuneration Order) Regulations, the terms “male field labourer” and “female field labourer” have been replaced by “field labourer grade I” and “field labourer grade II” respectively. It trusts that, as a result of the new gender-neutral job appellations, differentiated pay rates for men and women are no longer practised and measures are taken to avoid women being automatically classified as “grade II field labourers”, which would effectively preserve the gender-based pay differentials in a disguised manner. The Committee would appreciate the Government’s clarification on this point. It also requests the Government to provide information on any concrete progress made as regards pay differentials based on age.

Article 5 in conjunction with Part V of the report form. The Committee notes the statistical information provided by the Government according to which, in 2006, an estimated 273,850 employees were covered by 29 remuneration order regulations in force. It also notes that, in the period from June 2004 to May 2007, 11,175 inspection visits were carried out and 2,451 cases were referred to the industrial courts and, as a result, approximately MUR72.5 million (approximately US$2.3 million) were recovered on behalf of workers. The Committee would be grateful if the Government would continue to supply up to date information on the practical application of the Convention.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body on the continued relevance of the Convention based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Conventions No. 26 and No. 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131) which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes due note of the Government’s detailed report and attached documentation.

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for several years on section 45(2), (4) of the Industrial Relations Act, 1973, which gives only partial effect to the requirements of the Convention with regard to the equal representation of the employers and workers concerned in the operation of the minimum wage system. The Government states that, although the Industrial Relations Act does not explicitly provide for employers and workers to be represented on equal terms and in equal numbers, the National Remuneration Board holds in practice consultations in a judicious and non-discriminatory manner with employers’ and workers’ representatives before making recommendations. The Government adds that the trade unions have on two occasions refused to discuss a report recommending the establishment of a tripartite national wages council based on equal representation of employers’ and workers’ organizations and that action has now been initiated to review the Industrial Relations Act to ensure that the national legislation is in conformity with the Convention. The Committee wishes to emphasize that the principle of full consultation and direct participation of employers’ and workers’ representatives on an equal footing requires an express legislative provision to ensure its application and that reliance on the observance of practice alone does not constitute a sufficient guarantee against possible contravention of such a principle. It therefore asks the Government to take the necessary action without further delay and to keep it informed of any progress made in this respect.

Article 3, paragraph 2(3). The Committee notes the Government’s indication that the National Remuneration Board has been gradually eliminating differential rates of pay for men and women as existing remuneration order regulations are being revised. It notes in particular the Government’s reference to the new Baking Industry (Remuneration Order) Regulations (Government Notice No. 130 of 2003) which no longer lists "female workers" as a separate category of employees and prescribes wages on the basis of job content instead of gender. In addition, the Committee notes with interest the Government’s statement that, following the ratification of the Equal Remuneration Convention, 1951 (No. 100) and Discrimination (Employment and Occupation) Convention, 1958 (No. 111), no effort is spared to achieve gender equality in employment and eliminate discrimination. The Committee requests the Government to continue to transmit documented information concerning the revision of any remaining statutory instruments which may still provide for gender-specific remuneration levels.

Regarding the question of minimum wages for young workers, the Committee notes that certain remuneration order regulations continue to establish different minimum pay rates on account of workers’ age, such as the Field-crop and Orchard Workers (Remuneration Order) (Amendment) Regulations, 2002 (Government Notice No. 172 of 2002) according to which, the basic monthly wage of a young person is more than 55 per cent less than that of a male field labourer. The Committee is bound to observe, in this respect, that the quantity and quality of work carried out should be the decisive factor in determining the wage paid and that therefore the reasons that may have prompted the adoption of lower minimum wage rates for groups of workers on account of their age, should be regularly re-examined in the light of the principle of equal remuneration for work of equal value. While recalling the Government’s earlier commitment not to establish age-based rates of pay, the Committee requests the Government to keep it informed of any further developments in this regard.

Article 5, in conjunction with Part V of the report form. The Committee notes the latest statistics provided by the Government according to which in 1993 an estimated 350,470 employees were covered by 29 remuneration order regulations in force. It also notes that labour inspection visits and court action in the period from June 2002 to May 2004 have permitted the recovery of approximately Rs.19.6 million in wages due. The Committee would appreciate if the Government would continue to provide up-to-date information on the practical application of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes due note of the Government’s detailed report and attached documentation.

Article 3, paragraph 2(2), of the Convention. The Committee has been commenting for several years on the absence of a legislative provision guaranteeing to employers’ and workers’ organizations the opportunity to participate in equal numbers and on equal terms in the operation of the National Remuneration Board which is the independent advisory body responsible for fixing minimum wage rates and prescribing conditions of employment for any particular industry. In its reply, the Government reiterates that it is considering draft amendments to the Industrial Relations Act which ensure participation on equal footing of employers and workers concerned in the functioning of the minimum wage fixing machinery. In addition, the Government indicates that, based on a commissioned study of the existing legal, regulatory and institutional framework governing wage determination, a series of recommendations have been formulated and are now being considered by the National Economic and Social Council, including the phasing out of bodies such as the National Remuneration Board, the Pay Research Bureau and the Tripartite Committee and the setting up of a tripartite National Wages Council (NWC) with advisory functions on all aspects of labour remuneration. In this connection, the Committee wishes to stress that, whatever institutional reforms may finally be decided in respect of the wage determination system, measures should be taken to give effect to the key requirements of direct participation and full consultation of the employers and workers concerned as set out in this Article of the Convention. The Committee once again expresses the firm hope that the Government will take prompt action in the light of the above comments to bring its legislation into full conformity with the Convention. It asks the Government to keep it informed of any developments in this regard.

Article 3, paragraph 2(3). Further to its previous comments concerning the provisions of certain remuneration orders which explicitly discriminate against female workers by prescribing different basic wages on the basis of gender, the Committee notes with interest the explanations provided by the Government regarding the steps taken with a view to amending existing regulations which contain differential pay rates for men and women, and more generally, promoting equality of opportunity and treatment in employment and occupation. It also welcomes the information that the Government, with the technical assistance of the International Labour Office, intends to conduct job evaluation and reclassification in order to eliminate sex-based wage rates and also that procedures have been initiated for the ratification of Conventions Nos. 100 and 111. The Committee trusts that the Government will soon be in a position to report the effective revision of all statutory instruments providing for lower minimum wage rates on account of the workers’ sex.

Regarding the question of minimum wages for young workers, the Government indicates that the Messengers (Remuneration Order) Regulations 1983 have been repealed and replaced by the Office Attendants (Remuneration Order) Regulations which establish wage rates without any specification of age and that the same principle will be applied by the National Remuneration Board in reviewing other remuneration order regulations. The Committee notes this information and asks the Government to provide information on any developments in this respect.

Article 5 in conjunction with Part V of the report form. The Committee notes that, according to statistical information provided by the Government in 2002, a total of 342,430 employees were covered by 29 different remuneration order regulations. It also notes the data regarding the number of inspections carried out and judicial proceedings initiated for failure to comply with provisions of remuneration orders in the period from June 2000 to May 2002. The Committee would appreciate if the Government would continue to provide up-to-date information on the practical application of the Convention.

[The Government is asked to report in detail in 2004.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the detailed information supplied by the Government in its report. The Committee also notes the comments by the Mauritius Employers’ Federation (MEF) according to which national law provides for the setting up of minimum wages in different sectors, industries or categories of employees.

Article 3, paragraph 2(2), of the Convention.  The Committee recalls its previous comments in which it noted that the Industrial Relations Act, 1973, does not provide for the participation on an equal footing of the employers and workers concerned in the operation of the minimum wage fixing machinery. In its reply, the Government indicates that in the context of a revision of the Industrial Relations Act, a draft labour relations bill is being examined taking into account the Committee’s recommendations. The Committee invites the Government to consider availing itself of the assistance of the Office in elaborating the draft amendments regarding the association of the employers and workers concerned in the operation of the minimum wage fixing machinery. It asks the Government to supply a copy of the new legislation as soon as it is adopted.

The minimum wage for female workers and young workers.  With reference to its previous comments to the effect that fixing different minimum wage rates on the basis of sex or age is not consistent with the spirit of the Convention, the Committee notes the Government’s statement that the Minister of Labour and Industrial Relations has requested the technical assistance of the Office with a view to enabling the National Remuneration Board to establish minimum wage-fixing criteria based on objective factors such as the quantity and quality of the work performed. The Committee also notes the Government’s indication that the Board has informed the Ministry that it is unable to carry out such exercise for lack of the necessary expertise and that the services of a qualified and experienced consultant would be needed to assist in this assignment. The Committee trusts that the Government can confidently draw upon the International Labour Office for expert advice and technical cooperation, and that the necessary amendments will be adopted in a timely fashion so as to bring national legislation into full compliance with the Convention. The Committee requests the Government to keep it informed of any progress achieved in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information supplied in the Government's report.

The participation on an equal footing of the employers and workers concerned in the operation of the minimum wage-fixing machinery

Article 3, paragraph 2(2) of the Convention. According to the Government, the Industrial Relations Act (IRA), 1973 (Act No. 67 of 1973) does not provide for employers and workers to be represented in equal terms and equal numbers. The IRA is being reviewed with the technical assistance of the ILO and consideration is being given to bring the legislation in full conformity with the provisions of the Convention.

The Committee notes this information and recalls that one of the essential obligations under the Convention is that the minimum wage-fixing machinery must be set up and operated in consultation with organizations of employers and workers who must participate on an equal footing. It requests the Government to supply information on any progress made in bringing the legislation in full conformity with the provisions of the Convention.

The minimum wage for female workers and young workers

The Committee points out that in various sectors of activities, such as field crop, livestock, carrying trade (messengers), salt manufacturing industry, sugar industry and tea industry, female workers and/or young workers received reduced minimum wages compared to those of male workers.

In this respect, the Committee wishes to refer to paragraphs 169 to 181 of its 1992 General Survey on minimum wages. As instruments concerning minimum wages contain no provisions for the fixing of different minimum wage rates on the basis of criteria such as sex, age or disability, the general principles laid down in other instruments have to be observed, and particularly those contained in the Preamble to the ILO Constitution which specifically refers to the principle of "equal remuneration for work of equal value". Therefore, the Committee considers that, although the Convention does not forbid the setting of lower minimum wage rates for female workers and young workers, the measures taken in this respect should take account of the principle of equal remuneration for work of equal value, and should prescribe criteria based, not on sex or age, but on objective factors such as the quantity and quality of the work performed.

The Committee requests the Government to provide detailed information on the grounds for reduced minimum wages for women and young persons working in the above-mentioned sectors of activities.

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government with its report, in particular the Regulations made as a result of the recommendations of the National Remuneration Board, which include wage rates to be applied to various categories of workers in several sectors, as well as the statistical data on the number of workers covered by the minimum wage fixing machinery.

The Government indicates that the special law review committee set up to review the Industrial Relations Act has submitted its report which will shortly be examined by the Government. The Committee notes this indication and reiterates the hope that action will soon be completed to bring the legislation into full conformity with Article 3, paragraph 2(2), of the Convention, which requires that the employers and workers concerned should be associated in the operation of the minimum wage fixing machinery in equal numbers and on equal terms. It requests the Government to indicate any progress made in this regard.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the remuneration under regulations amended as a result of the recommendations of the National Remuneration Board, and the statistical data on the number of inspections.

As regards its previous comments, the Committee recalls that Article 3(2)(2) of the Convention requires that the employers and workers concerned shall be associated in the operation of the minimum wage-fixing machinery, in equal numbers and on equal terms, as may be determined by national laws and regulations. The Committee notes that the Government considers that there is no urgent need to amend the Industrial Relations Act in order to bring the legislation into line with the Convention on this issue, as this is being complied with in practice.

The Committee once again expresses the hope that the Government will be able to take the necessary measures to bring the legislation into full conformity with the Convention, and that it will indicate the measures taken for this purpose in its future reports.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observations which read as follows:

With reference to the comments of the Mauritius Labour Congress (MLC) on the application of the Convention, the Committee noted with interest the information supplied by the Government to the Conference Committee in 1985. It noted in particular that before the reconstitution of the National Remuneration Board, the Minister invited the five principal federations including the MLC for consultations in accordance with the law but the MLC decided not to come to the joint meeting with other workers' organisations on that particular day and met the Minister on the following day. It also notes that the composition of the Board now includes one workers' representative and one employers' representative, who were those persons proposed by one trade union federation and by the employers' federation. In this connection, the Committee noted that the Government is considering measures to give statutory effect to the Convention's requirements as regards equal representation of employers' and workers' organisations on the Board. The Committee hoped that the Government will be able to indicate what progress has been achieved with a view to bringing the legislation into conformity with the Convention on this point.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future and that it will communicate information on the progress achieved to this effect.