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Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mauritius (Ratification: 1969)

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Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation, agriculture), 17 (workers’ compensation, accidents), and 19 (equality of treatment, accident compensation) together.

Article 1 of Convention No 12, and Article 2 of Convention No. 17, in conjunction with Articles 5, 7, 9, 10 and 11 of Convention No. 17. Scope of application of legislation on workers’ compensation. For more than 40 years, the Committee has been drawing the Government’s attention to the lack of compliance of the Workmen’s Compensation Act (Chapter 220), 1931, applicable to certain categories of workers excluded from the National Pensions Act, 1976, with the following provisions of Convention No. 17: Article 5 (compensation in the form of periodical payments in cases of permanent incapacity or death of the injured worker); Article 7 (additional compensation for injured workers who must have the constant help of another person); Article 9 (entitlement to the necessary medical and surgical aid, free of charge); Article 10 (supply and renewal of artificial limbs and surgical appliances); and Article 11 (guarantees in the event of the insolvency of the employer or insurer).

The Committee pointed, in particular, to the unequal treatment in coverage for work accident compensation that ensued for certain categories of workers, and notably for employees of the central government and of parastatal bodies and local authorities earning less than a prescribed amount and workers in the sugar industry. On this basis, the Committee requested the Government to conclude the merger of the Workmen’s Compensation Act (Chapter 220), 1931 and the National Pensions Act, 1976, indicated by the Government as a means to give effect to the above-mentioned provisions of Convention No. 17 since 1999, and to take other measures to bring the national legislation fully in line with Conventions Nos 12, 17 and 19 for all the categories of workers protected by the Conventions.

The Committee notes with interest the indication by the Government, in its report, that the National Pensions Act, 1976, has been amended by the Social Contribution and Social Benefit Act, No. 14 of 2021 (SCSB Act), which covers all industrial injuries and all workers who draw an income, without exceptions (sub-part III of Part III, SCSB Act). In this context, the Government points out that a merger between the Workmen’s Compensation Act, 1931, and the SCSB Act, which has amended the National Pensions Act, 1976, is now being considered.

While taking due note of the adoption of the SCSB Act, the Committee observes, that, pursuant to its section 2, public sector employees are excluded from the definition of employees for the purpose of sub-part III of Part III of the SCSB Act, which regulates industrial injury benefits, and that apprentices under a contract of apprenticeship regulated by the Mauritius Institute of Training and Development Act are also excluded from coverage under sub-part III of Part III. The Committee further observes that the Workmen’s Compensation Act, 1931, is still in force, which suggests that certain categories of workers continue to be subjected to an unequal treatment in case of industrial injury, and granted a lesser protection than that set out in the Conventions. In this respect, the Committee recalls that, pursuant to Article 2 of Convention No. 17, all workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private who suffer personal injury due to an industrial accident, shall be granted compensation, on terms at least equal to those provided by the Convention. As for Convention No. 12, it requires, under its Article 1, the extension to all agricultural wage-earners of laws and regulations making provision for the compensation of workers for personal injury by accident arising out of or in the course of their employment.

In light of the above, the Committee requests the Government to provide clarifications as to the provisions of its national legislation regulating the compensation of workers excluded from the scope of protection of sub-part III of Part III (Industrial Injury Benefits) of the SCSB Act, 2021, for work-related injury. The Committee requests the Government to specify, in particular, the provisions applicable to employees of the central government, parastatal bodies and local authorities, and workers in the sugar industry.

In the event that some workers are still covered by the Workmen’s Compensation Act, the Committee requests the Government to take the necessary measures to ensure that these workers and their dependents are duly compensated in cases of work-related injury, on terms at least equal to those provided by Conventions Nos 12 and 17.

Article 1(1) of Convention No. 19. Equality of treatment for non-national workers and their dependants. For many years, the Committee has been noting that non-citizen workers employed in export processing zones and who have resided less than two years in Mauritius were not considered as insured persons under the National Pensions Act, and were only entitled to work injury benefits under the Workmen’s Compensation Act, 1931, which provided a lesser protection.

The Committee notes the Government’s indication that non-citizen employees residing in Mauritius are covered by the SCSB Act in case of an industrial accident. The Committee notes, however, that non-citizen employees, employed by an export manufacturing enterprise who have resided in Mauritius for a continuous period of less than 2 years, are still excluded from participation in the social insurance system which ensures protection against industrial injuries, pursuant to section 2 of the SCSB Act. The Committee recalls that Article 1(1) of the Convention requires that a ratifying member State must grant to injured workers who are nationals of any other member State that has ratified the Convention, or to their dependants, the same treatment in respect of workmen’s compensation as it grants to its own nationals.

The Committee urges the Government to take the necessary measures to ensure that non-citizen workers employed in export processing zones who have resided less than two years in the country are granted the same treatment in industrial injury compensation as nationals and other foreign workers under the SCSB Act, 2021, in application of Article 1 of Convention No. 19.

Conclusions and recommendations of the Standards Review Mechanism. With respect to its previous comment, the Committee recalls the recommendations of the Standards Review Mechanism (SRM) Tripartite Working Group, based on which the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI (see GB.328/LILS/2/1). Taking note of the Government’s indication that due consideration would be given to ratification of most up-to-date relevant instruments, the Committee encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in the area of employment injury benefit, and reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Non-compliance with various provisions of Conventions Nos 12, 17 and 19. For more than 40 years, the Committee has been pointing out that the Workmen’s Compensation Act (Chapter 220), which remains applicable to certain categories of workers excluded from the application of the National Pensions Act, 1976, does not give effect to the following provisions of Convention No. 17: Article 5 (the principle of the payment of compensation in the form of periodical payments in the case of permanent incapacity or death), Article 7 (additional compensation for workers injured in such a way as to require the constant help of another person), Article 9 (free entitlement to the necessary medical and surgical aid), Article 10 (supply and renewal of artificial limbs and surgical appliances) and Article 11 (guarantees against the insolvency of the employer or insurer). Since 1999, the Government has been reiterating that a merger of the Workmen’s Compensation Act and the National Pensions Act, 1976 (NPA), which gives effect to the above provisions, was envisaged with a view to ensuring the full application of the Convention and that a Bill was before the National Assembly. The Committee notes from the information provided by the Government in its last report that the merger of the above legislation has still not been completed which results in the above provisions of the Convention not being applied to, inter alia, employees of the central government and of parastatal bodies and local authorities (earning less than a prescribed amount), to workers of the sugar industry and to foreign workers working in export processing zones residing less than two years in the country. All non-citizens employed in export manufacturing enterprises become insured persons under the NPA only if they have resided in Mauritius for a period of at least two years, during which they are entitled to compensation only under the provisions of the Workmen’s Compensation Act 1931 in breach of the principle of equality of treatment guaranteed by Article 1 of the Convention. In these circumstances, the Committee cannot but again request the Government to conclude the merger of the Workmen’s Compensation Act 1931 and the National Pension Act 1976 as soon as possible and to take other necessary measures to bring the national legislation fully in line with Conventions Nos 12, 17 and 19 for all the categories of workers protected by the Convention and to report on the measures taken in this regard.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 42 to which Mauritius is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 5, 7, 9, 10 and 11 of the Convention. Ongoing reform of national legislation. For many years, the Committee has been drawing the Government’s attention to the need to include in the Workmen’s Compensation Act, 1931 (Cap. 220) provisions giving effect to the following Articles of the Convention: Article 5 (the principle of the payment of compensation in the form of periodical payments in the case of permanent incapacity or death), Article 7 (additional compensation for workmen injured in such a way as to require the constant help of another person), Article 9 (free entitlement to the necessary medical and surgical aid), Article 10 (supply and renewal of artificial limbs and surgical appliances) and Article 11 (guarantees against the insolvency of the employer or insurer). Since 1999, the Government reiterates that a merger of the Workmen’s Compensation Act and the National Pensions Act, 1976 (NPA), which gives effect to the above provisions, was envisaged with a view to ensuring the full application of the Convention and that the Bill was to be introduced to the National Assembly. The Government’s latest report indicates that the reform is still in the process of being completed, but gives no further details. In these circumstances, the Committee cannot but request the Government to take all necessary measures to complete the reform so as to bring the Workmen’s Compensation Act into full compliance with the above provisions of the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee, for many years, has been drawing the Government’s attention to the fact that the Workmen’s Compensation Act (Cap. 220), which covers certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain any provisions giving effect to Article 5 (the principle of the payment of compensation in the form of periodical payments in the case of permanent incapacity or death), Article 7 (additional compensation for workmen injured in such a way as to require the constant help of another person), Article 9 (free entitlement to the necessary medical and surgical aid), Article 10 (supply and renewal of artificial limbs and surgical appliances) and Article 11 (guarantees against the insolvency of the employer or insurer) of the Convention. Since 1999, the Government has indicated that a merger was envisaged of the Workmen’s Compensation Act and the National Pensions Act (NPA) to ensure the full application of the Convention. In its latest report, the Government indicates that the delay in finalizing the Bill is due to the fact that the Ministry of Social Security, National Solidarity and Reform Institutions has embarked on a wider examination of the NPA with a view to amend it holistically. The draft Bill will be introduced to the National Assembly as soon as it has been approved by the State Law Office. The Committee hopes that the draft law will be adopted soon and that it will include the provisions giving full effect to the abovementioned Articles of the Convention. It would also appreciate receiving a copy of the draft Bill when the State Law Office review process has been completed.

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

For many years, the Committee has been noting that the Workmen’s Compensation Act (Cap. 220), which covers certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain any provisions giving effect to Article 5 (the principle of the payment of compensation in the form of periodical payments in the case of permanent incapacity or death), Article 7 (additional compensation for workmen injured in such a way as to require the constant help of another person), Article 9 (free entitlement to the necessary medical and surgical aid), Article 10 (supply and renewal of artificial limbs and surgical appliances) and Article 11 (guarantees against the insolvency of the employer or insurer) of the Convention.

In this respect, the Government indicated in its 1999 report that the merger was envisaged of the Workmen’s Compensation Act and the National Pensions Act to ensure the full application of the Convention. The Committee notes that, according to the Government’s latest report, the formulation of the Bill is almost completed and that it will be submitted to the National Assembly in the near future. The Committee hopes that the Government will take all the necessary measures to make the required legislative amendment as soon as possible with a view to ensuring that all workers covered by the Convention receive the compensation guaranteed by this instrument in the event of an employment accident.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

For many years, the Committee has been drawing the Government’s attention to the fact that the Workmen’s Compensation Act (Chapter 220), which remains applicable to certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain any provisions giving effect to Article 5 (compensation in the form of periodical payments in the case of permanent incapacity or death); Article 7 (additional compensation for workmen injured in such a way as to require the constant help of another person); Article 9 (entitlement to medical and surgical aid); Article 10 (supply and renewal of artificial limbs and surgical appliances, as necessary); and Article 11 (guarantees against the insolvency of the employer or insurer) of the Convention.

In this connection, the Government indicated in its 1999 report that the merger was envisaged of the Workmen’s Compensation Act and the National Pensions Act, to ensure the full application of the Convention. The Committee notes from the information provided by the Government in both its last and its 2001 report, that the merger of the above legislation has still not been completed. The Government adds, however, that the competent ministry has now reached the stage of drafting the bill and that it has been urged to complete this process without delay. The Committee therefore hopes that the Government will take all the necessary measures to make the required legislative amendments as soon as possible so as to ensure that all workers covered by the Convention receive the compensation guaranteed by this instrument in the event of an accident in the workplace.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the comments made by the Mauritius Employers’ Federation on the application of the Convention, which were attached to the Government’s report.

For many years, the Committee has been drawing the Government’s attention to the fact that the Workmen’s Compensation Act (Chapter 220), which remains applicable to certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain any provisions giving effect to Articles 5, 7, 9, 10 and 11 of the Convention. In this connection, the Government indicated in its previous report that the merger was envisaged of the Workmen’s Compensation Act and the National Pensions Act to ensure the full application of the Convention. The Committee notes from the information provided by the Government in its last report that the merger of the above legislation has still not been completed. It hopes that the Government will not fail to take all the necessary measures to proceed in the very near future to the necessary legislative amendments to ensure that all workers covered by the Convention benefit from the guarantees that this instrument provides in the event of occupational accidents.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

For many years, the Committee has noted that the Workmen's Compensation Act (Chapter 220), which covers certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain provisions giving effect to Articles 5, 7, 9, 10 and 11 of the Convention. In this connection, the Government indicates in its report that the merger is being envisaged of the Workmen's Compensation Act and the National Pensions Act, to ensure full application of the Convention, inter alia. The Committee notes this information. It trusts that the Government will take all necessary measures in the very near future to carry out the legislative amendments required in order to ensure that all workers covered by the Convention receive the guarantees that this instrument provides in case of occupational accidents.

[The Government is requested to report in detail in 2001.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes that the amendments to the Workmen's Compensation Act (Chapter 220), to which the Government has been referring since 1982, are still under consideration. The Committee recalls in this respect that the Workmen's Compensation Act, while covering certain categories of workers excluded from the application of the National Pensions Act, 1976 (i.e. certain workers in the sugar industry), does not contain provisions giving effect to the following provisions of the Convention:

Article 5 (payment of compensation in the form of periodical payments in the case of permanent incapacity or death; provided that it may wholly or partially be paid in a lump sum if the competent authority is satisfied that it will be properly utilized); Article 7 (additional compensation for injured workmen whose incapacity necessitates the constant help of another person); Article 9 (provision of necessary medical and surgical aid); Article 10 (supply and renewal of necessary artificial limbs and surgical appliances) and Article 11 (guarantee against the insolvency of the employer or insurer).

The Committee regrets that the necessary measures have still not been taken in order to ensure full application of the Convention, either by extending the coverage of the National Pensions Act and the Regulations made under it so as to cover all workers protected by the Convention, or by amending the Workmen's Compensation Act as indicated above. It asks the Government to report any progress made in this respect.

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

The Committee notes the information provided by the Government in its report. It also notes that the amendments to the Workmen's Compensation Act (chap. 220), intended to cover the workers excluded from the coverage of the National Pensions Ordinance, 1976, are still under consideration. The Committee therefore expresses again the hope that these amendments will be introduced shortly and will also bring the legislation into full conformity with the following provisions of the Convention:

Article 5 (payment of compensation in the form of periodical payments in the case of permanent incapacity or death; provided that it may wholly or partially be paid in a lump sum if the competent authority is satisfied that it will be properly utilised); Article 7 (additional compensation for injured workmen whose incapacity necessitates the constant help of another person); Article 9 (provision of necessary medical and surgical aid); Article 10 (supply and renewal of necessary artificial limbs and surgical appliances) and Article 11 (guarantee against the insolvency of the employer or insurer).

The Committee requests the Government to report any progress made in this respect.