By Professor Ved Prukash Torul

1. The ILERA 8th African Regional Congress - 2018 The Challenges Facing the World of Work and the Trends in Employment and Employment Relations in Africa: The Mauritian Experience By Professor Ved Prukash Torul

2. The focus of my presentation To show the role globalisation in shaping Employment and Employment Relations in Mauritius; To examine the regulatory measures taken by the Government of Mauritius to enhance workers rights and Employment Relations; To look at the present trends in Employment and Employment Relations; and To discuss the ways the Government is planning to meet the challenges of Employment and Employment Relations

3. Globalization and the Mauritian Economic miracle in the 1980’s – A Glimpse In the early 1970’s, Mauritius recognized the benefits of economic openness, implementing effective sectoral policies and build a good investment climate by enacting the Export Processing Zone and Expansion Act 1970 Mauritius successfully then transformed itself from an agricultural based economy at the time of independence 1968 to an export oriented, manufactured based economy in the mid 1980’s The resulting effect of integration into the global economy was that the Export Processing Zones sector accounted for more than 60% of Mauritian gross export earnings, and employed 1/3 of the Mauritian labour force. Infact, more people worked in the EPZ sector rather than in the agricultural sector by the end of 1980’s

4. Legislative Measures Influencing Employment and Employment Relations between 1970 to 1993 A new Employment Law emerged in Mauritius that influenced Employment and Employment Relations There were two sets of Statutes. On the one hand there was the Export Processing Zone and Expansion Act 1970, and the other there were the Industrial Relations Act 1973 and the Labour Act 1975 The objectives of these two sets of Statutes were different and impacted differently on Labour Law and Employment Relations in Mauritius Whereas the EPZ Act applied exclusively to EPZ workers, the Industrial Relations Act and the Labour Act applied to non EPZ workers The EPZ Act was essentially a compromised on already established contractual and customary legal arrangements, and was put under irresistible pressure to reduce regulatory requirements in order to create a business friendly environment

5. The Implications of EPZ Act on Employment Relations The EPZ Act showed glaring instances of unfair labour practices such as • anti-union discrimination; • unwillingness to recognize bargaining agent and bargain in good faith; • non-disclosure of information; • providing unfavourable terms and conditions regarding working hours, overtime and maternity leave; • a female employee who has had 3 confinements, if pregnant were entitled to maternity leave but without pay; and • no overtime was paid for work which did not exceed 45 hours a week.

6. The Industrial Relations Act 1973 and the Labour Act 1975 for Non EPZ workers • Mauritius ratified the following ILO Conventions with a view to addressing labour and Employment Relations issues regarding the non EPZ employees: • The right of association 1948 No. 87 • The right to organize collectively 1949 No. 98 • Prohibition of any form of Forced Labour or Compulsory Labour 1930 No. 29 • Minimum Age for Employment for Children 1973 No. 138 • Non-discrimination 1958 No. 100 & No.111

7. The impact of ILO Conventions ratifications on Employment and Employment Relations The Mauritian Government was committed through the Employment Relations Act and Labour Act • To recognize the democratic rights of workers, trade unions and employers in accordance with the ILO standards • To promote freedom of association and right to collective bargaining • To encourage voluntary settlement of labour disputes through works councils, Industrial Relations Commissions and the Permanent Arbitration Tribunal • To establish the National Remuneration Board so as to regularize minimum remuneration and terms and conditions of a particular industry

8. The Present Trends and Challenges facing the Mauritian Government to improve Employment and Employment Relations In the new era of globalization present trends in Employment and Employment Relations have shown the following phenomena that equally pose a great challenge to the understanding and application of Employment and Employment Law in Mauritius. These are • Labour Force is characterized by semi-skilled and low–skilled workers who account for 90% of employment according to the Central Statistical Office and the Human Resource Development Council • The labour market is facing increasing skills mismatch and a consequent rise in unemployment despite sustained economic growth • With free education until University level and an adult literacy of 85%, the country has a pool of literate mass that needs to be geared towards employability

9. There are possibilities of job losses either through redundancy due to automation, or retrenchment due to closure of businesses • The world of work in Mauritius is undergoing substantial changes due to global competitive pressures and the justification to reduce labour cost due to unprecedented financial crisis • Employers are aiming at a more systematic re-appraisal of organizational structures impacting on variation in the contract of employment and an application of the law relating to the termination of employment due to operational requirements, transfer of undertakings and mergers • In the labour market individual labour is giving place to collective labour law. There is now an extensive overlapping in individual and collective rights of employees • Mauritius is facing tremendous pressures from international organizations such the IMF, the World Bank, and Industrial Labour Organization, as well as internally induced structured economic and political reforms having impact on national policies and employment relations

10. Proactive Legislative Measures to creating conducive Employment Relations in Mauritius With a view to implementing the objectives of ILO’s vision of work the Mauritian Government has enacted in recent years the following legislations and Remuneration Orders so as to regulate employment in the EPZ and non EPZ sectors, promote decent employment and improve work and living conditions of men and women workers. • The Export Enterprises Remuneration Orders 1994 and the Industrial Expansion Act 1993 can be cited as examples of Government initiatives to regulate and keep a fair balance between Labour and capital in the EPZ sector. However still to be noted that there is no provision of unionization and collective bargaining. The National Remuneration Board is the only platform created by the State as a Tripartite Institution to discuss and negotiate for better terms and conditions in relevant sectors

11. The Occupational, Safety and Health Act 2005 addresses issues such as Safety and Health Policy, risk assessments, serious and imminent dangerous situations, and prohibitions regarding employment of young persons • The Employment Relations Act 2008 replace the Industrial Relations Act of 1973 thus revising the law relating to trade unions, fundamental rights of workers and employers, collective bargaining, labour disputes and related matters setting out in a structured manner the conditions for harmonious development of collective bargaining • The Employment Rights Act 2008 replace the Labour Act of 1975 and revised the law relating to Employment, Contract of Employment, Minimum Age for Employment, Hours of Work, Payment of Remunerations and other basic terms and conditions of employment • The Equal Opportunities Act 2008 was enacted to ensure that every person has an equal opportunity and no person is placed or finds himself at a disadvantage by reason of his age, cast, colour, creed, ethnic origin, impairment, marital status, political opinion, race, sex or sexual orientations

12. Strategic Plans to meet the challenges to create conducive Employment Relations In Mauritius • Mauritius has to face tremendous challenges to create employment and provide conducive employment relations. The Government signed a Memorandum of Understanding on 30 November 2012 with the International Labour Organization agreeing • To increase opportunities to decent work employment • To offer interesting work environment • To train workers for higher responsibilities • To improve social dialogue and strengthen tripartism • To promote meaningful emotional and social intelligence at work • To promote the right to dignity and fundamental freedom at work

13. Conclusion Though Mauritius has demonstrated resilience and adaptations to meet the challenges of the world of work from the year 1970 to date, there are still on-going challenges borne out of imperative of socio-economic conditions to focus on organizational issues, labour conflicts and enhancement of good human relations among employers, workers and trade unions. Finally in my opinion if Mauritius has to meet the challenges and the demands of an assertive workforce it has • To review the shortcomings in the Employment Relations Act, Employment Rights Act and the Remuneration Orders • To ensure strict compliance with International Labour Standards by all social partners

14. To enable all the alternative dispute resolutions mechanisms such as the Commission for Conciliation and Mediation, the Employment Relations Tribunal, the Industrial Court and the National Remuneration Board to be empowered to resolve disputes effectively and without delay • To ensure that learning opportunities and life long learning are available to everyone, generating appropriate knowledge for economic workers and sustainable development by reviewing the Employment and Training Ordinance of 1963, and enacting more responsible legislation to cater for the present and long term needs for potential workers • Finally to implement the policies of “Maurice ile Durable” that will promote “green jobs” and provide decent work and proper living conditions to those involved in effective production in the work place.

15. Thank You “We must create a kind of globalization that enhances employment and, employment relations.” — PROFESSOR VED PRUKASH TORUL