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

Minimum Age Convention, 1973 (No. 138) - Mauritius (Ratification: 1990)

The Committee takes note of the Government’s report, and requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Self-employment. Further to its previous comments, the Committee notes that section 7(1) and (2) of the Labour Code is applicable to an agreement which is defined as a contract of employment, whether oral or written, implied or express. The Labour Code therefore appears to exclude self-employment from its application. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee takes note of the statement made by the Government that the education system reforms and construction of new secondary schools are still ongoing. The Committee also notes that the programme "Zone d’Education Prioritaire", meant to cater for children in deprived regions and reduce the number of school dropouts, is being implemented as from the year 2003. The Committee notes that according to the information provided by the Government, new legislation in favour of compulsory 11-year schooling will be adopted in due course. The Committee recalls that at present the school leaving age is 13 years, whereas the minimum age specified by Mauritius for admission to employment or work is 15 years. There accordingly appears to be a difference of two years between the two ages. The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of completion of compulsory education. The Committee, nevertheless, is of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. Consequently, the Committee once again requests the Government to continue providing information on the ongoing education system reforms, and requests the Government to provide a copy of the new legislation as soon as it is adopted.

Article 3. Hazardous work. In its previous comments, the Committee expressed the hope that the review process of the Occupational Safety, Health and Welfare Act, 1988, would soon be completed and asked the Government to provide a copy of the abovementioned Act once it had been amended. In its report, the Government indicates that the provisions of Article 3 of the Convention will soon be submitted for tripartite consultation at the Occupational Safety, Health and Welfare Advisory Council, whose recommendation will be resubmitted to the technical committee reviewing the Occupational Safety, Health and Welfare Act (Act No. 34 of 1988). The Government indicates that this review exercise is still ongoing. The Committee hopes once again that the review process will soon be completed and asks the Government to provide a copy of the abovementioned Act once amended.

The Committee previously requested the Government to supply information on consultations with employers’ and workers’ organizations concerning any hazardous work other than such work on board Mauritius-registered ships, to be prohibited for a person under the age of 18 years. The Committee takes note of the information provided by the Government in its report according to which consultations have been held with the social partners on the amendment of the Occupational Safety, Health and Welfare Act and are ongoing at the level of the Advisory Council on Occupational Safety and Health on specific issues such as chemical safety, asbestos and electricity. The Committee also takes note of the Government’s statement that tripartite consultations on the amendment for the Labour Act are also ongoing at the Labour Advisory Board, a tripartite body established under the Labour Act of 1975.

Article 9, paragraph 3. Registers. In its previous comments, the Committee noted that under sections 48 and 49 of the Labour Act, an employer who has 15 or more workers in his employment is obliged to keep a register of workers, whereas the Convention requires every employer to keep a register of persons employed who are less than 18 years of age. The Committee noted the information provided by the Government that the major changes of the draft employment bill were being discussed at the level of the Labour Advisory Board. In its report, the Government indicates that the provisions relating to the keeping of registers by employers regarding employees have been incorporated in the draft employment bill which is still under discussion at the level of the Labour Advisory Board. The Committee once again expresses the hope that the amendments will be completed as soon as possible so as to fulfil the requirements of the Convention, and requests the Government to supply a copy of these amendments as soon as they are adopted. 

Part V of the report form. The Committee notes the information contained in the Government’s report about the manner in which the Convention is applied. It notes that, during the period under review, out of 4,777 enterprises visited, 17 infringements, involving 19 children were detected. It also notes that according to the Government’s report, in the same period 55 visits were conducted in Rodrigues but no case of child employment was detected. According to the Government’s report, the employment of these children was stopped forthwith and the employers concerned were warned verbally. The Committee notes the Government’s indication that it was not necessary to resort to prosecution since, in all instances, ensuing visits at these undertakings showed that children were no longer being employed. The Committee asks the Government to continue to provide information on the application of the Convention in practice.