1. Ministry of Labour, Industrial Relations, Employment and training
SALIENT FEATURES OF THE EMPLOYMENT RELATIONS ACT,
ACT NO. 32 OF 2008

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 prescribed by the NRB)

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

4. Interests of parties Government 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
Founded on following 4 main propositions -
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
Social Dialogue
Collective Bargaining
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
citizen or non-citizen holding work permit to work in Mauritius
Employed within same undertaking-whether full- time, part-time, temporarily or permanently
Aged 16+

12. Part IV – Employment Relations Act – Protection of Fundamental Rights
LEGAL RIGHTS
Sec 29 – Right of workers to freedom of association
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…….
Extent of this ‘protected rights’
Sec 29(1A) – to join only one trade union of his own choice, in the enterprise where he is employed or his bargaining unit ( amendment in 2013)

13. Protection of Fundamental Rights
Sec 30 – Protection of trade union of workers against act of interference
Sec 31(1) – Protection against discrimination and victimisation
Seeking employment; giving up membership, not to exercise his rights; not to participate in union activities …….
Sec 31(2) – A person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding Rs100,
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 THEREOF.

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
Provision made for a negotiator, who may or may not be a member of the TU, to be appointed by the Managing Committee of the trade union.
The Negotiator has a “locus standi” to represent a Trade Union.

21. Negotiating RIGHTS
Voluntary recognition of a trade union (within 60 days) – Sec 36(3)
irrespective of percentage of workers in the bargaining unit supporting the Union/s.
Where voluntary recognition is refused, same would be granted subject to certain specific criteria being met by the union/s (Sec 37) –
Support of not less than 30% of workers in the bargaining unit – Recognition
Support of more than 30% and up to 50% - Joint Negotiating Panel (in case of new TU applying for recognition specific condition has to be met)
Support of more than 50% - Sole Bargaining Agent
Sec 38 - Application to the Tribunal in case of refusal to grant recognition. To be determined within 30 days of application.

22. Sec 40 -ACCESS TO WORKPLACE
Subject to prior notice and authorisation by the employer, a negotiator or an officer of a trade union can have access to a workplace.
To participate in collective bargaining
Deal with health & safety matters of workers
Monitor compliance with collective agreement
Communicate with, hold meetings and discuss trade union business
Where such access is refused, the trade union can appeal to the Tribunal – determined within 30 days . Employer shall comply with the Order within 7 days

23. Sec 41 -ACCESS TO INFORMATION
Provision made for the release of all relevant information for the purpose of collective bargaining. (subject to specific criteria spelt out at subsection 41(3))
The tribunal may be called upon to intervene if an employer refuses to provide such information – determined within 30 days

24. Sec 42 - TIME-OFF FACILITIES
Grant of reasonable time-off, without loss of pay, to trade union officials
subject to the exigencies of his employment
Does not impair the smooth operation of the workplace
The extent, duration and conditions of paid time-off shall be the subject of negotiation in the context of the procedure agreement.
Agreement reached shall be for a duration of not less than 24 months

25. CHECK-OFF AGREEMENT
A trade union is able to claim check-off as soon as it is registered and whatever the strength of its membership i.e irrespective of being recognised or not.
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 trade union and has consented for the deduction.

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
Sec 51 - Obligation to have a procedure agreement within 30 days of recognition or determined by the Tribunal within 60 days
Sec 52 - Terms of the procedure agreement
Sec 53 - Obligation for an employer to start negotiations within 30 days of a notice from the trade union
Sec 40 - Right of access to workplace
Sec 41 - Right of access to information
Sec 54 - Unfair labour practices (any act or omission done by either party to undermine the bargaining process) is henceforth prohibited.

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

29. COLLECTIVE AGREEMENT A collective agreement –
will bind the parties for a period of not less than 24 months - Sec 55;
may be varied by both parties when there is a change in circumstances – Sec 58;
may be extended to any non-party under specific circumstances – Sec
Should the need arise, the Tribunal will be responsible for interpreting the provisions of an agreement – Sec 62.

30. Sec 57 - Scope of COLLECTIVE AGREEMENT
A Collective Agreement can supersede terms and conditions of a Remuneration Order, except that
It can not provide for lesser wages, and
It can not override certain specific provisions of the Employment Rights Act
Sec 61 – Registration of Collective Agreement
With the Tribunal and the MLIRET
Within time limit of 30 days of signing of the agreement

31. Sec 64 – Reporting of labour dispute
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. Negotiation of Terms and Conditions
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
In view of promoting a settlement of the dispute, the CCM may
Make proposals to the parties
Conciliate parties
Mediate and make recommendations
Make such investigations as he thinks fit,
Time frame of 30 days or such agreed longer period
In case no agreement is reached
Submit a report
Advise parties to refer the dispute to the Tribunal for voluntary arbitration
Tribunal should give an award within a time frame of 90 days of referral

40. Part vii - Industrial Actions
Where parties decline voluntary arbitration
The party reporting the labour dispute may have recourse to strike / lock out,
within 45 days of the submission of the report by the President of the Commission – Sec 69(6),
on condition that a strike ballot is organised and is successful – Sec 78.
Notice of the industrial action to the Minister and to the other party of not less than 10 days – Sec 79
Establishment of a Minimum Service as expressly provided in any procedure agreement - Sec 81 (specific services in Third Schedule
water supply, electricity, civil aviation and airport, air traffic control, telephone, transport of passengers and goods, port, customs, refuse disposal, hospital, health, radio and television, hotel services)
Sec 79A - Conciliatory Service provided by the Minister to diffuse the situation after deadlock at the CCM or before or after strike

41. Limitations on right to strike
In line with ILO Principles – industrial actions subject to conditions & prohibitions
Successful ballot requiring an absolute majority of employees in the bargaining unit
Acute National Crisis – Sec 82
The Prime Minister may apply –
To the Tribunal for an order for the establishment of a minimum service (time frame of 48 hrs), or
To the Supreme Court for an order prohibiting the continuation of the industrial action, and in turn refer the parties to the Tribunal for arbitration (award within 30 days of referral)

42. Any Question? Phone No