Collective Bargaining Convention, 1981 (No. 154) - Mauritius (Ratification: 2011)

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the comments of the Confederation of Public and Private Sector Workers (CTSP), received with the Government’s report.

Article 1 of the Convention. Public service. In its previous comment, the Committee requested the Government to provide information on the manner in which negotiations in the public service take place. The Committee notes the Government’s indications regarding the functioning of the authorities responsible for taking action in respect of the labour relations of all public servants, namely, the Pay Research Bureau (PRB) and the Employment Relations Unit (ERU), but was unable to ascertain, from this information, which were the mechanisms enabling public servants’ trade unions to engage in collective bargaining. While recalling that, under Article 1(3) of the Convention, as regards the public service, special modalities of application of this Convention may be fixed by national laws or regulations or national practice, the Committee emphasizes, once again, that the institution of simple consultations is not sufficient to give effect to the Convention, which applies to all workers and employers in all branches of economic activity, including in the public service as a whole. Consequently, recalling its similar observations adopted in the context of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), specifically in respect of public servants not engaged in the administration of the State, the Committee requests the Government, together with the professional organizations concerned, to take the necessary measures to effectively recognize the right to collective bargaining of public servants. The Committee requests the Government to provide information on any new elements in this regard.

Article 5. Definition of labour dispute. In its previous comment, the Committee requested the Government to indicate to what extent the definition of the term “labour dispute”, stipulated in section 2 of the Employment Relations Act, and excludes disputes reported more than three years after the act or omission that gave rise to the dispute, is applied to collective labour disputes. The Committee duly notes the Government’s response, indicating that in respect of the mandates accorded to the Conciliation Service of the Ministry of Public Services, Administrative and Institutional Reforms, all disputes are examined on their substance, regardless of the time limit of three years provided under section 2 of the Act. The Committee notes however, that the decision of the Labour Relations Tribunal (RN156/3), submitted by the Government to illustrate this principle in the context of the competence of the same tribunal, does not support this, as it concerns a decision on the modalities for applying the limitation period, and not for the non-application of that period. The Committee therefore requests the Government to provide information on how it ensures that all collective labour disputes can be covered by measures aimed at their resolution.

Application of the Convention in practice. The Committee notes the statistics provided by the Government concerning the collective agreements registered in the public and private sectors, the resolution of disputes before the Commission for Conciliation and Mediation (CCM) and trade union recognition for the purpose of collective bargaining, and observes in particular that 254 collective agreements were registered between 2017 and April 2024 and that the CCM had dealt with 3,538 cases of trade union representation during the same period. The Committee invites the Government to continue to provide these statistics, specifying the total number of workers covered by the collective agreements in force.

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

The Committee notes the Employment Relations (Amendment) Act 2013 as well as the comments provided by the Government in reply to the 2013 observations from the General Workers’ Federation (GWF).

Article 1 of the Convention. Public service. Recalling that the scope of this Convention with regard to collective bargaining in the public service is broader than the scope of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), since it applies to workers and employers in all branches of economic activity, including the public service as a whole, the Committee refers to its latest comment under Convention No. 98. The Committee notes the divergence between the Government’s report and the statement of the Worker member of Mauritius before the Conference Committee in 2016 as to the appropriateness of negotiations in the public service, and recalls that simple consultations in the public service would not suffice to give effect to the Convention. The Committee requests the Government to provide information on the manner in which negotiations in the public service take place.

Article 5. Definition of labour dispute. The Committee notes that, according to the definition of the term “labour dispute” in section 2 of the Employment Relations Act as amended, a dispute that is reported more than three years after the act or omission that gave rise to the dispute, is not considered a “labour dispute”. The Committee requests the Government to indicate to what extent the above rule is applied to collective labour disputes.

Article 7. Consultations. The Committee notes the divergence of views of the GWF and the Government as to the extent and completeness of the consultations prior to the adoption of the Employment Relations (Amendment) Act 2013. The Committee trusts that, in the future, the Government will ensure that any measures taken by the public authorities to encourage and promote the development of collective bargaining are the subject of prior consultation and, whenever possible, agreement between public authorities and employers’ and workers’ organizations.

Application of the Convention in practice. The Committee notes the statistics provided by the Government concerning collective agreements registered in the private and public sectors, dispute resolution before the Commission for Conciliation and Mediation (CCM) and trade union recognition for the purposes of collective bargaining. The Committee invites the Government to continue providing such statistics.

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

The Committee notes the Government’s first report. It notes, in particular, the statistics provided on the collective agreements registered since 2009. The Committee invites the Government to continue providing such statistics in its next reports and hopes that the Government will also provide information and statistics on collective bargaining in the public sector to enable it to examine the application of the Convention with sufficient data at its disposal.

In addition, noting the 2013 comments by the General Workers Federation (GWF) on the adoption by Parliament in April 2013 of provisions conflicting with the requirements in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee will assess their impact on the application of the Convention during its examination of the Government’s second report and in light of the observations that the Government will provide in response. The Committee therefore hopes to receive these observations in the near future.