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 2015, published 105th ILC session (2016)

Article 1(2) of the Convention. Equality of treatment. With reference to its previous observations, the Committee notes that the National Pensions (Non Citizens and Absent Persons) Order 1978 has been revoked and replaced by the National Pensions (Non-Citizens and Absent Persons) Regulations 2015. It notes with interest that these Regulations provide for the affiliation of non-citizens from the first day of employment in Mauritius in sectors other than the export manufacturing enterprises. All non citizens employed in export manufacturing enterprises become insured persons under the National Pension Act only if they have resided in Mauritius for a period of at least two years, during which they are entitled to injury benefits under the Workmen’s Compensation Act 1931. The Committee further notes from the Government’s report that the merger of the Workmen’s Compensation Act 1931 and the National Pension Act 1976 has not yet been finalized, as a major amendment to the National Pension Act 1976 is being formulated by the Ministry of Social Security, National Solidarity and Reform Institutions in the form of a new bill. The Committee hopes that the merger of these two Acts will go through soon and that it will address the principle of equal treatment between national and foreign workers in respect of social security benefits so as to give full effect to the provisions of the Convention with respect to workers employed in export manufacturing enterprises. The Committee requests the Government to report on developments in this regard.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Equality of treatment. For many years, the Committee has been drawing the Government’s attention to the need to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen Compensation Act, 1931, which does not ensure the level of protection equivalent to that guaranteed under the national pension scheme in the event of employment injury. In its report, the Government once again indicates that draft regulations revising section 3 of the Order of 1978 are still with the State Law Office for finalization. The new regulations will make provision for payment of contributions to the National Pensions Fund (NPF) and the National Savings Fund (NSF) in favour of non-citizens as from the first day of their employment. The Government also indicates that it is currently finalizing the merger of the Workmen’s Compensation Act, 1931 and the National Pensions Act, 1976, the delay being due to the various implications that needed to be taken into account. Recalling that the Government has been referring to the above measures since 2001, the Committee expresses its concern over this prolonged period of inactivity and its firm hope that the legislation resulting from the merger will soon be adopted and will fully comply with the principle of equal treatment between national and foreign residents guaranteed by the Convention without any condition as to residence.

[The Government is asked to reply in detail to the present comments in 2015.]

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 1 the Convention. Equality of treatment. For many years, the Committee has been drawing the Government’s attention to the need to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen Compensation Act, 1931, which does not ensure the level of protection equivalent to that guaranteed under the national pension scheme in the event of employment injury. In its previous reports, the Government repeatedly indicated that a bill revising section 3 of the Order of 1978 was being prepared and would be introduced to the National Assembly as soon as it had been accepted by the State Law Office. In its last two reports, including the report received in September 2012, the Government makes no reference to the above bill. Instead, the Government’s latest report indicates that the Ministry of Social Security, National Solidarity and Reform Institutions will have a working session with the officers of the State Law Office in September 2012 with a view to finalizing the bill for the merger of the Workmen’s Compensation Act, 1931 and the National Pensions Act, 1976. The Committee expresses the firm hope that the legislation resulting from the merger will fully comply with the principle of equal treatment between national and foreign residents guaranteed by the Convention without any condition as to residence.

[The Government is asked to reply in detail to the present comments in 2014.]

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

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information supplied by the Government as regards the total number and country of origin of foreign workers employed in Mauritius. It observes that, out of the almost 30,000 foreigners employed in the country, a significant number come from countries which are party to the Convention such as Bangladesh, China, India and Madagascar. It also notes that, for the period June 2010–May 2011, all victims of industrial accidents were nationals of these countries. Noting these statistics, the Committee requests the Government to indicate what compensation has been provided to foreign victims and their dependants, for each of the 15 listed cases, identifying workers employed in Mauritius for less and for more than two years.

Article 2 of the Convention. Temporary or intermittent work. The Committee recalls that, foreign nationals working temporarily or intermittently in another country party to the Convention may, in accordance with its Article 2, remain subject to laws and regulations of their State of origin provided that special agreements have been concluded between the countries concerned in order to secure greater efficiency and coordination in the case foreign nationals become victim of an occupational accident on the territory of another State. The Committee therefore asks the Government to indicate whether it has concluded or anticipates concluding agreements with other countries party to the Convention, the nationals of which may currently not be covered by the pensions system because they were employed for less than two years in the country.

[The Government is asked to reply in detail to the present comments in 2012.]

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 2011, published 101st ILC session (2012)

Article 1 the Convention. Equality of treatment. For many years, the Committee has been drawing the Government’s attention to the need to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. In its reports, the Government had repeatedly indicated that a bill revising this section 3 was being prepared and would be introduced to the National Assembly as soon as it has been accepted by the State Law Office. In its latest report of 2011, the Government does not make any reference to the above bill but instead refers to the draft legislation merging the Workmen’s Compensation Act and the National Pensions Act. The Committee requests the Government to clarify the above issue and expresses the firm hope that all necessary measures will be taken in the very near future so as to bring the national legislation into compliance with the principle of equal treatment between national and foreign residents guaranteed by the Convention without any condition as to residence.

[The Government is asked to reply in detail to the present comments in 2012.]

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 2010, published 100th ILC session (2011)

Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act of 1931 (WCA), which does not ensure a level of protection equivalent to that guaranteed under the national pension scheme in the event of employment injury. The Committee has been reminding the Government that under the terms of Article 1(2) of the Convention, the nationals of other member States that have ratified the Convention as well as their dependants should be guaranteed equality of treatment in respect of industrial accidents without any condition as to residence.

In its reports since 2006, the Government states that a bill has been introduced to revise section 3 of the Order of 1978. The delay in finalizing the necessary amendments 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, taking into account other issues requiring review, such as the need to merge the WCA into the NPA. The Government states that the draft bill will be introduced to the National Assembly as soon as it has been accepted by the State Law Office. The Committee hopes that the Government will be able to amend section 3 of the Order of 1978 in the very near future, so as to bring its legislation into conformity with the Convention. The Committee would appreciate receiving a copy of the draft Bill when the State Law Office review has been completed. The Committee thanks the Government for providing very detailed statistics on the number of work permits issued to foreign nationals and the number and nature of occupational accidents of foreign workers.

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 2008, published 98th ILC session (2009)

Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act (WCA) which does not ensure a level of protection equivalent to that guaranteed under the national pensions scheme in the event of employment injury. The Committee has been recalling in this respect that under the terms of Article 1, paragraph 2, of the Convention, the nationals of other member States that have ratified the Convention as well as their dependants should be guaranteed equality of treatment in respect of industrial accidents without any condition as to residence.

In its reports since 2001, the Government indicates that section 3 of the Order of 1978 has not yet been amended, but that the observations made by the Committee of Experts will be taken into account in the process of revision of the National Pensions Act and its implementing regulations. The Government indicates in its last report that the delay in finalizing the necessary amendments is due to the fact that the Ministry of Social Security, National Solidarity and Senior Citizens Welfare & Reform Institutions has embarked on a wider examination of the NPA with a view to amend it holistically, taking into account other issues requiring review such as the need to merge the WCA into the NPA. All the major issues have now been cleared and the legislative amendment is nearing completion. The draft will therefore be introduced in the National Assembly shortly. The Committee trusts that the Government will be able to report progress in the very near future.

[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 2006, published 96th ILC session (2007)

Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act, under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act. However, this latter Act does not establish a level of protection that is equivalent to that guaranteed under the national pensions scheme in the event of employment injury. In its last report, the Government indicates, as it did in 2001, that section 3 of the Order of 1978 referred to above has not yet been amended, but that the observations made by the Committee of Experts will be taken into account in the process of revision of the National Pensions Act and its implementing regulations. It however adds that the Bill is now in the drafting stage and that the ministry responsible has been requested to complete the process of bringing the national legislation into conformity with the Convention rapidly.

The Committee takes due note of this information. It recalls that, under the terms of Article 1, paragraph 2, of the Convention, equality of treatment in respect of workmen’s compensation shall be guaranteed without any condition as to residence to the nationals of any other Member which has ratified the Convention and who are the victims of employment injury. The Committee trusts that the Government will be in a position to provide information in its next report on the progress achieved towards the amendment of section 3 of the Order of 1978 referred to above so as to bring its legislation into conformity with the Convention.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

 Article 1 of the Convention. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended (issued under the National Pensions Act), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act. However, this Act does not provide for a level of protection that is equivalent to that guaranteed under the national pensions scheme in the event of employment injury. In its last report, the Government states that section 3 of the above Order of 1978 has not yet been amended, but that the observations made by the Committee of Experts will be taken into account in the ongoing revision of the National Pensions Act and its subsidiary legislation.

The Committee notes this information. It recalls that, under the terms of Article 1, paragraph 2, of the Convention, equality of treatment in respect of workmen’s compensation shall be guaranteed without any condition as to residence to the nationals of any other Member which has ratified the Convention and who are the victims of employment injury. The Committee trusts that the Government will not fail to take the opportunity on the occasion of the revision of the legislation respecting the national pensions scheme to amend section 3 of the above Order of 1978, so as to bring its legislation fully into conformity with the Convention.

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 1996, published 85th ILC session (1997)

Article 1 of the Convention. In its previous comments, the Committee had pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, provides that foreign workers may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, in contradiction with Article 1 of the Convention. In reply, the Government states that an administrative measure has been introduced whereby prior to the issue of a work permit to a non-citizen, the prospective employer must sign an agreement (agreement in respect of employment of non-citizens) stating, inter alia, that it shall provide the foreign worker with insurance against work injury.

The Committee notes this information. It points out, however, that the agreement does not guarantee that the level of benefit provided shall be equal to that provided under the National Pensions Scheme. Furthermore, the agreement is only between the Government and the prospective employer and does not give the foreign worker or his or her survivors a direct and enforceable right. The Committee recalls that Article 1, paragraph 2 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention who are victims of an industrial accident, as well as to their dependants. It once again expresses the hope that the Government will take the necessary steps to fully comply with the requirements of the Convention, in particular by amending section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978. It would appreciate receiving information on any progress made in this respect.

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.

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

Article 1 of the Convention. In its previous comments, the Committee pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, according to which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, is not in conformity with Article 1, paragraph 2, of the Convention, which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention and who are victims of an industrial accident, as well as to their dependants. In its reply, the Government recalls that while foreign nationals having resided in Mauritius for less than two years are not covered by the National Pensions Act, they are entitled under the Workmen's Compensation Act to compensation for accident arising out of and in the course of employment. It adds that a technical committee has been set up to completely review the Workmen's Compensation Act and opportunity will be taken to consider the observations made by the Committee. The Committee notes this statement with interest. It once again expresses the hope that the Government will not fail to take this opportunity to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, so as to bring national legislation into full conformity with the Convention on this point and that it will be able to indicate progress made in its next report.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 1 of the Convention. In its previous comments the Committee pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, according to which foreign nationals cannot be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, is not in conformity with Article 1, paragraph 2, of the Convention which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention and who are victims of an industrial accident, as well as to their dependants. In its last reply, the Government once again states that measures to ensure compliance with Article 1, paragraph 2, of the Convention are still being considered. In this situation the Committee cannot but once again express the hope that measures to give full effect to this provision of the Convention will be adopted soon and that the Government will be able to indicate progress made in its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 1 of the Convention. In its previous comments the Committee pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, according to which foreign nationals cannot be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, is not in conformity with Article 9, paragraph 2, of the Convention which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention who are victims of an industrial accident, as well as to their dependants. In its reply, the Government states that measures to ensure compliance with Article 1, paragraph 2, of the Convention are being considered and that further information will be supplied as soon as there is any new development. The Committee notes this statement. It trusts that measures to give full effect to this provision of the Convention will be adopted soon and that the Government will be able to indicate progress made in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 1, paragraph 1, of the Convention. In reply to the Committee's previous comments, the Government confirms that, as in the case of employees in the public service, foreign nationals cannot be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years (section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended in 1980). These workers are covered by the Workmen's Compensation Ordinance. The Committee notes this statement. It can only therefore once again draw the Government's attention to the fact that the condition of residence laid down in the legislation is not in conformity with Article 1, paragraph 2, of the Convention which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention who are victims of an industrial accident, as well as to their dependents. It therefore requests the Government to adopt the necessary measures to give full effect to the Convention on this point.