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

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

The Committee notes the Government’s report.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that the Labour Act excludes self‑employment from its scope of application. It had noted the Government’s indication that the scope of application of the Labour Act will not be extended to self-employed children considering the foreseeable difficulties for the detection, monitoring and enforcement of legal provisions in this type of employment. The Committee had requested the Government to take the necessary measures to ensure that self-employed children benefit from the protection laid down in the Convention. The Committee notes the Government’s information that adequate provisions exist in the law prohibiting self-employed children. In fact, the Education Act provides that any responsible party of a child under 16 years who, without reasonable cause, refuses or neglects the child to attend school regularly shall commit an offence and shall on conviction be liable to a fine not exceeding 10,000 rupees or to a term of imprisonment not exceeding two years. The Committee also notes that section 3 of the Occupational Safety and Health Bill of 2005, which includes provisions on hazardous work, applies to work performed by a self-employed person.

Article 9, paragraph 3. Registers of employment. In its previous comments, the Committee had noted that, by virtue of sections 48 and 49 of the Labour Act, an employer who has 15 or more workers should keep a register of workers. It had noted that, notwithstanding the Government’s indication that discussions were ongoing concerning the Labour Act amendments, the 2004 amendments did not concern sections 48 and 49, which remained the same. The Committee notes the Government’s information that in the context of the review of the Labour Act, consideration is being given to comply with the provision of this Article. The Committee, however, once again observes that the 2006 amendments to the Labour Act do not concern sections 48 and 49 of the same Act. The Committee accordingly once again urges the Government to take, without delay, the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, all employers, regardless of the number of workers they employ, are obliged to keep registers that shall contain the names and ages or date of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.