The document summarizes key aspects of the Employment Relations Act of 2008 in Mauritius. It outlines: 1) Application and scope of the Act, including exceptions for certain public sector workers. 2) Key stakeholders in employment relations - workers, trade unions, employers, and the government. It also describes their interests. 3) Provisions around registration of trade unions, collective bargaining rights, recognition criteria for unions, and dispute resolution processes. 4) Obligations of employers regarding access to workplaces and information for union representatives, and time off facilities for union activities. 5) Rules for negotiating and registering collective agreements, their scope and limitations, and processes for resolving disputes. 6

1. SALIENT FEATURES OFTHEEMPLOYMENT
RELATIONS ACT,
ACT NO.32OF2008
Ministry of Labour, Industrial Relations, Employment and
training

2. S3-Application of the Act
 Binds the state
 Shall not apply to members of the
disciplined force except Mauritius
Fire and Rescue Services, the
Mauritius Prisons Service and the
Police Force
 Sub-Part C of Part VIII shall not
apply to the Public Service and the
disciplined force( related to wages

3. STAKEHOLDERS / SOCIAL
PARTNERS
 WORKERS / TRADE UNION /
FEDERATION/ CONFEDERATION
 EMPLOYERS/ TRADE UNION OF
EMPLOYERS/EMPLOYERS’
ASSOCIATION
 GOVERNMENT

4. Interestsofparties
◦ Employers
 Higher Productivity / Efficiency
 More Profit
 Better Quality of service
◦ Workers
 Improvement of Terms & Conditions of employment
 Higher salary
 Government
 Peaceful, conflict free, safe and sound work environment
and harmonious industrial relations with productive
workplaces in the country

5. CODE OF PRACTICE
Promotion of good employment relations
Foundedonfollowing4mainpropositions -
 Employer and employees have a common interest in the success
of the undertaking;
 Good industrial relations are the joint responsibility of
management and employees/trade unions representing them;
 Collective bargaining, carried out in a reasonable and
constructive manner between employers and strong
representative trade unions, is the best method of conducting
industrial relations;
 Good human relations between employers and employees are
essential to good industrial relations.

6. Ingredients
 SocialDialogue
 CollectiveBargaining
 Tripartism

7. Trade union
 means an association of persons, whether
registered or not, having as one of its objects the
regulation of employment relations between
workers and employers;
 (b) includes a federation or a confederation,
except in relation to sections 5(1)(e) and (f),
7(1)(c) and (e), 13, 16(1) and (2), 29, 32(1), (2)
and (3), and 43 to 50;

8. -Cancellation of Registration
Section 7(1)(e)- in the case of a
trade union that has public
officers as members,
membership has not been
limited to public officers

9. Registration of Trade Unions
 Part II of the EReA
 Formation-
No. of members required- 30
 When to register?- within 30 days of
its formation
 Where to register?- Registrar of
Association

10. Part III-Administration of TU
 Registered office
 Rules and amendments
 Membership
 Holding of General Assembly , AGM...
 Dissolution of TU
 Funds, records, accounts, returns.....

11. MEMBERSHIP-eligibilty
◦ citizenornon-citizenholdingworkpermittoworkinMauritius
◦ Employedwithinsameundertaking-whetherfull-time,part-time,temporarily
orpermanently
◦ Aged16+

12. Part IV – Employment Relations Act – Protection of Fundamental Rights
LEGAL RIGHTS
 Sec29–Rightofworkerstofreedomofassociation
 1(a) to establish or join, as a member, a TU of his own choice, without
previous authorisation and without distinction whatsoever or discrimination
of any kind incl. discrimination as to occupation, age, marital status, sex,
sexual orientation, colour, race, religion, HIV status, national extraction,
social origin, political opinion or affiliation
 Right not to be or refuse…; participate in activities…; seek appointment as
office bearers…….
 Extentofthis‘protectedrights’
 Sec29(1A)–tojoin onlyonetradeunion of hisownchoice, inthe enterprisewhereheisemployedor
hisbargaining unit(amendmentin2013)

13. Protection of Fundamental Rights
 Sec30 –Protection of tradeunionofworkers againstact ofinterference
 Sec31(1)–Protection againstdiscriminationandvictimisation
 Seekingemployment; givingupmembership,not toexercisehisrights;not toparticipate inunion activities…….
 Sec31(2)–Aperson who contravenessubsection (1)shallcommit anoffenceandshall,
on conviction,beliableto afinenot exceeding Rs100,000.00
 S 34- PROHIBITION OF CLOSED SHOP
AGREEMENT
 Agreement between Er and TU to engage worker
who is or wants to be member of the TU

14. PART V- COLLECTIVE
BARGAINING
 NEGOTIATING RIGHTS
 Application for recognition- a trade union or group of
trade union may apply for recognition under section
46 of the EReA.
 Application must be accompanied by:
1.copy of certificate of registration
2. the number and category of members in the
bargaining unit.
3. a copy of agreement by the group of trade union
acting jointly
EMPLOYER HAS A DELAY OF 60 DAYS TO
RECOGNISE OR REFUSE WITH REASON

15. Collective Agreements
 “collective agreement” means an agreement which relates to terms and conditions of
employment, made between a recognized trade union of workers or a joint negotiating
panel and an employer;
 A collective agreement shall bind –
 (a) the parties to the agreement; and
 (b) all the workers in the bargaining unit to which the agreement applies.
 (2) Where there is a joint negotiating panel or a group of recognised trade unions, a collective
agreement signed by one or more trade unions representing more than 50 percent of the
workers in a bargaining unit shall bind any other trade union in the joint negotiating panel, or
a group of recognised trade unions, which refuses to sign the agreement.
 (3) Where there is a joint negotiating panel or a group of recognized trade unions and one or
more trade unions signing a collective agreement represents less than 50 percent of the
workers in the bargaining unit, the trade union or the employer concerned in the bargaining
unit may apply to the Tribunal for the making of an award enforcing the collective agreement.
 (4) Where an application is made to the Tribunal under subsection (3), the Tribunal shall, in
the first instance, endeavour to secure a settlement between the parties with a view to
signing the collective agreement.
 (5) Where no settlement is reached under subsection (4), the Tribunal shall make an award
as it thinks fit.
 (6) An application made under subsection (3) shall be determined within 60 days of the date
of the receipt of the application.

16. Collective Agreements
 Extension of collective agreement to another employer
Where a collective agreement is in force in respect of an employer in
an industry, any trade union may apply to the Tribunal for an order to
extend the agreement or part thereof to another employer in that
industry by whom the trade union is recognised and, on hearing the
application, the Tribunal may grant or refuse the order.
 Registration of collective agreement
Any collective agreement concluded under this Sub-Part shall be
registered with the Tribunal and with the Ministry by all the parties
signing the agreement within 30 days of the date of signing of
agreement.
 Variation of collective agreement
 A collective agreement may be varied –
(a) in such manner and as a result of the occurrence of such
circumstances as are provided in the agreement;
(b) where there is a substantial change of circumstances which warrants
such variation.

17. Criteria for Recognition
Trade union has support of
at least 30% of workers in
the bargaining unit.

18. BARGAINING UNIT
Means workers or classes of
workers, whether or not employed
by same employer, on whose
behalf a collective agreement may
be made.
BARGAINING AGENT
Any trade union or Joint
Negotiating Panel having
negotiating rights to bargain
collectively

19. BARGAINING AGENT
 Any trade union or Joint Negotiating Panel having
negotiating rights to bargain collectively

20. Sec 14 - NEGOTIATOR
 Provisionmadefor anegotiator,who mayormaynotbeamemberof
theTU,tobeappointedbytheManagingCommittee ofthe trade
union.
 TheNegotiator hasa “locus standi” to represent a Trade
Union.

21. NegotiatingRIGHTS
 Voluntaryrecognitionofatradeunion(within60days)–Sec36(3)
 irrespectiveofpercentageofworkersinthebargainingunitsupportingtheUnion/s.
 Where voluntary recognition is refused, same would be granted subject to certain specific
criteriabeingmet bytheunion/s(Sec37)–
 Supportofnotlessthan30%ofworkersinthebargainingunit –Recognition
 Supportofmorethan30%andupto50%-JointNegotiatingPanel(incaseofnewTU applyingfor
recognitionspecificcondition has tobemet)
 Supportofmorethan50%-SoleBargainingAgent
 Sec38-ApplicationtotheTribunalincase ofrefusaltograntrecognition. Tobe
determined within30 daysofapplication.

22. Sec 40 -ACCESS TO WORKPLACE
 Subjecttopriornoticeandauthorisationbytheemployer,anegotiatororanofficerofatradeunion
canhaveaccesstoaworkplace.
 Toparticipatein collective bargaining
 Dealwithhealth&safety mattersofworkers
 Monitor compliancewithcollective agreement
 Communicatewith,holdmeetings anddiscuss tradeunion business
 Wheresuchaccessisrefused,thetradeunioncanappealtotheTribunal–determinedwithin30
days.EmployershallcomplywiththeOrderwithin7days

23. Sec 41 -ACCESS TO INFORMATION
 Provision madeforthe releaseofallrelevantinformationforthe purpose of
collectivebargaining.(subject tospecificcriteriaspelt outatsubsection41(3))
 Thetribunalmaybecalledupon tointerveneifanemployer refusesto providesuch
information –determined within30 days

24. Sec 42 - TIME-OFF FACILITIES
 Grantofreasonabletime-off,withoutlossof pay, totrade unionofficials
 subjectto theexigenciesofhisemployment
 Doesnot impairthesmoothoperationoftheworkplace
 The extent, duration and conditions of paid time-off shall be the subject of negotiation in
thecontextoftheprocedure agreement.
 Agreement reached shallbeforadurationofnotless than24months

25. CHECK-OFF AGREEMENT
 A trade union is able to claim check-off as soon asitis registered and whatever the strength
ofitsmembership i.eirrespectiveofbeingrecognisedornot.
 AGENCY SHOP AGREEMENT- refers to application made by a recognised trade union
for deduction of agency fee for workers of the bargaining unit who are not members of the
tradeunion andhasconsentedforthededuction.

26. Agency shop order by Tribunal
 All workers whether member or not must pay the
Agency Fee and the trade union shall act as its
representative in any dispute. ( Free Riders
trapped)

27. Facilitating the Collective Bargaining
Process
Sec51-Obligation to haveaprocedureagreementwithin 30days ofrecognitionordeterminedbytheTribunalwithin
60days
Sec52-Termsoftheprocedureagreement
Sec53-Obligation foranemployertostart negotiations within 30days ofanoticefromthetradeunion
Sec40-Rightofaccesstoworkplace
Sec41-Rightofaccesstoinformation
Sec54-Unfairlabour practices(anyactoromission donebyeitherparty tounderminethebargaining process)is
henceforthprohibited.

28. Procedure Agreement
 Machinery for negotiation
 Negotiation rights
 Facilities for TU
 Establishing minimum service
 Procedure relating to disciplinary matters
 Grievance procedure

29. COLLECTIVE AGREEMENT
Acollective agreement–
 will bindthepartiesfora periodofnotless than24months-Sec 55;
 may bevariedbybothpartieswhen thereisachangein circumstances– Sec 58;
 may beextendedtoany non-partyunder specific circumstances–Sec 59-60.
Should theneedarise,theTribunalwill beresponsibleforinterpretingtheprovisionsofan
agreement –Sec 62.

30. Sec57 - Scope of COLLECTIVE AGREEMENT
 ACollectiveAgreement cansupersede terms andconditionsofaRemuneration Order,
exceptthat
 Itcan notprovideforlesserwages, and
 Itcan notoverridecertainspecific provisionsoftheEmployment RightsAct
Sec61–RegistrationofCollectiveAgreement
 WiththeTribunalandtheMLIRET
 Withintimelimitof30daysofsigningoftheagreement

31. Sec 64 – Reportingof labourdispute
 Dispute to be reported to the President,
Commission for Conciliation and Mediation
 When a state of deadlock has been reached
 After meaningful negotiations between the parties
 During a period not exceeding 90 days or such
longer period as may be agreed.
 Conciliation services of the Ministry of Labour (in
the case of public service, the Supervising Officer – Min for
Civil Service)
 at any point in time during the 90 days’ negotiation
period, but at least 20 days before the expiry of the
time limit or any such longer period as may be
agreed upon,

32. labour dispute - ISSUES
 Between a worker, or a recognised trade union of
workers, or a joint negotiating panel, and an
employer
 Which relates wholly or mainly to -
 Wages
 Terms and Conditions of employment
 Promotion,
 Allocation of work between workers and group of
workers
 Reinstatement or suspension of a worker
 Restriction on a number of issues for those
governed by the PRB Report

33. Definition- Labour Dispute
 Does not include a dispute by a
worker made as a result of the
exercise by him of an option to be
governed by the recommendations
made in a report of the PRB or a
salary commission, by whatever
name called for , in relation to
remuneration or allowance of any
kind

34. NegotiationofTermsandConditions
 Certain terms and conditions of employment are
negotiable and can be included in a collective
agreement.
 However, certain terms are ‘non negotiable’. [Sec
57(1)(c) of the EReA)]

35. Non-Negotiable Terms
 Discrimination in employment and occupation
 Capacity of workers
 Employment of children and young persons
 Equal remuneration for work of equal value
 Deduction
 Maternity benefits
 Paternity leave
 Paying wages lower than those provided in ROs

36. Non-Negotiable Terms (Contd)
 Part VIII -Termination of agreement
 Part IX - Workfare Programme
 Part X - Compensation
 Quantum & payment of a compensation
 Part XI - Violence at work

37. Negotiable Terms
 Normal working hours
 Overtime
 Public holiday
 Meal & tea breaks
 Meal allowance
 Payment of remuneration in special Circumstances
 Transport of workers
 Leave
 Annual Leave
 Sick Leave

38. Limitations on labour dispute s
 No other Labour dispute between the same parties
 within a period of 6 months following the date the original
report was made
 On the same issue within a period of 24 months of the
determination of the dispute
 While a collective agreement is in force on issues which
 relate to wages and terms and COE contained in the CA
 Have been canvassed but not agreed upon during the
negotiation process
 Have not been canvassed, except during the period of
renegotiation for renewal of the CA

39. Conciliation, Mediation & Arbitration
 Inviewof promoting asettlementofthedispute,theCCM may
 Makeproposalstotheparties
 Conciliateparties
 Mediateandmake recommendations
 Makesuchinvestigationsashethinksfit,
 Timeframe of30daysorsuch agreed longerperiod
 Incasenoagreementisreached
 Submitareport
 AdvisepartiestoreferthedisputetotheTribunalforvoluntaryarbitration
 Tribunalshouldgiveanaward withinatimeframe of90 daysofreferral

40. Part vii - Industrial Actions
 Wherepartiesdeclinevoluntaryarbitration
 Thepartyreportingthelabourdisputemayhaverecoursetostrike/lockout,
 within45daysofthe submission ofthe reportbythePresident ofthe Commission –Sec69(6),
 on conditionthatastrike ballotisorganised andis successful –Sec78.
 Noticeofthe industrialaction to theMinister andtothe other partyofnotlessthan10 days –Sec79
 Establishment ofaMinimumServiceasexpresslyprovidedinany procedureagreement -Sec81(specific
servicesinThirdSchedule
 watersupply,electricity,civilaviationandairport,airtrafficcontrol,telephone,transportofpassengersand
goods,port,customs,refusedisposal,hospital,health,radioandtelevision,hotelservices)
 Sec79A-Conciliatory Serviceprovidedbythe Minister todiffuse thesituation after deadlockatthe
CCMorbeforeorafter strike

41. Limitations on right to strike
 In linewithILOPrinciples –industrialactionssubjecttoconditions&prohibitions
 Successfulballotrequiringanabsolutemajorityofemployeesinthebargainingunit
 Acute NationalCrisis–Sec82
 ThePrimeMinistermay apply –
 TotheTribunalforanorderfortheestablishmentofaminimumservice(timeframeof48hrs),or
 TotheSupremeCourtforanorderprohibitingthecontinuationoftheindustrialaction,andin
turnreferthepartiestotheTribunalforarbitration(awardwithin30daysofreferral)

42. AnyQuestion?
PhoneNo.207-2670
http://labour.gov.mu