NTUC Files Complaint with International Labour Organization

The National Trade Union Confederation (NTUC) has taken the significant step of filing a complaint with the International Labour Organization (ILO) in response to the Mauritian government’s recent amendments to the Financial (Miscellaneous) Act. This controversial legislation is allowing recruitment agents to hire foreign workers on behalf of private companies, a move the NTUC strongly opposes.

In a letter addressed to the ILO’s Secretary-General, Gilbert Houngbo, NTUC President Narendranath Gopee is urging the international body to intervene with Prime Minister Pravind Jugnauth and Minister of Labour Soodesh Callichurn.

Gopee requestsed a tripartite meeting “to address the blunder committed by the government.”

A copy of this correspondence has also been sent to the International Trade Union Confederation (ITUC).

In his letter, Gopee expressed concern over the introduction of the terms “Hirer Employer” and “Labour Contractor” through amendments to the law.

He arguesd that these concepts effectively treat workers as commodities to be bought and sold in the labor market. “Both these concepts institutionalize the worker as a commodity…

These new provisions open the door for hiring employers and labour contractors to make an abusive utilisation of migrant workers,” he stated.

Gopee highlighted a critical disparity: while foreign workers operate under contractual obligations, Mauritian workers are governed by collective agreements, despite performing identical duties.

He claimed this disparity violates the principle of equal pay for equal work and constituted blatant discrimination among workers doing the same job.

“The concept of Labour Contractor and Hirer Employer reduces migrant workers to mere commodities for their masters,” he noted.

The NTUC President elaborated on the implications of the Financial (Miscellaneous) Act, stating that it legitimized disregard for migrant workers.

“The job contractor has wide latitude to recruit according to needs, set workers’ terms and conditions, determine their pay, and enforce disciplinary measures as per existing laws,” he explained.

Gopee argued that this has given job contractors an excessive amount of power, effectively rendering them employers in their own right.

Previously, the Employment Rights Act was amended in 2019 and replaced by the Workers’ Rights Act, which acknowledged job contractors’ responsibilities, including joint liability for worker safety, health, and welfare.

However, the recent changes introduced in the Financial (Miscellaneous) Act 2024 have complicated these arrangements by adding the concepts of Hirer Employer and Labour Contractor.

Moreover, Gopee asserted that the Financial (Miscellaneous) Act, which allows recruitment agents to sidestep traditional hiring practices, is being misused by the government as a means to covertly amend many other laws unrelated to budgetary concerns.

He pointed to the COVID-19 (Miscellaneous Provisions) Act, enacted in 2020, which led to changes in 57 laws, including those concerning worker rights.

Additionally, the NTUC has raised alarms about a new provision introduced in Section 72 A of the Workers’ Rights Act.

This particular clause enabled employers to reduce their workforce—either permanently or temporarily—or to close their businesses altogether.

As a result, many employees have lost their jobs, while others have been placed on unpaid leave.

In summary, the NTUC’s complaint reflected deep concerns regarding labor rights and the treatment of workers, particularly in light of recent legislative changes in Mauritius.

The union is advocating for urgent international intervention, hoping to reverse what they see as damaging reforms affecting both local and foreign workers.

Source: Le Mauricien