1. GOVERNMENT GENERAL SERVICES UNION
PREPARING MANAGEMENT SUPPORT OFFICERS
FOR
OFFICE MANAGEMENT ASSISTANT
PRESENTED BY
F K YARROO
MINISTRY OF HEALTH AND QUALITY OF LIFE
( )
SEPTEMBER 2017

2. EMPLOYMENT RELATIONS
(SEPTEMBER 2017)

3. agenda
Application of the Employment Relations Act (EReA)2008 in the Public Service (proclaimed in Feb 2009)
Aims of Employment Relations Act (EReA )2008
Institutional set up under the Employment Relations Act(EReA) 2008 (ERT and CCM)
Registration & Recognition of TU (section 36, 37 and 38)
Time off (section 42)
Right of employees of the Disciplined Forces to join a TU (Police Force; Fire Services; Mauritius Prisons Service) [section 3 (2) ]
Collective Bargaining PART V-(section 53)
Procedure Agreement (section 51)
Settlement of labour disputes (section 64)
Strike PART VII (section 76-79) and Minimum Service (section 81)
Strength of Employment Relations Act (EReA )2008

4. BACKGROUND
Prior to 2009 Employment (Industrial) Relations in Mauritius was governed by the Industrial Relations Act 1973 (IRA ) and the Labour Law.
There was a general consensus that the legislations needed to be reviewed in order to keep pace with the changes that had taken place in the labour market and the economy.
After various attempts to review the legislations, new laws named the Employment Relations Act (EReA) and the Employment Rights Act (ERA) were proclaimed on 02 February
In the Civil Service, Employment Relations matters were mostly governed by the IRA which has now been replaced by the ERA.

5. definitions
"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. It 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;
“recognition” means the recognition of a trade union of workers, or a joint negotiating panel, by an employer for the purpose of collective bargaining;
“negotiating rights” means the right to participate in collective bargaining;
“collective bargaining” means negotiations relating to terms and conditions of employment or to the subject-matter of a procedure agreement;
“bargaining unit” means workers or classes of workers, whether or not employed by the same employer, on whose behalf a collective agreement may be made

6. definitions
“bargaining agent” means any trade union, or where there is a joint negotiating panel, such joint negotiating panel having negotiating rights to bargain collectively on behalf of the workers in a bargaining unit;
“sole bargaining agent” means a trade union of workers or a joint negotiating panel which has exclusive negotiating rights in respect of a bargaining unit;
“joint negotiating panel” means the representatives of 2 or more trade unions of workers having negotiating rights
“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;

7. definitions
"strike" means any action taken by a group of workers whether or not in furtherance of a labour dispute, and whether or not they are parties to the dispute, which consists in –
(a) a concerted stoppage of work; or
(b) a concerted course of conduct, including going slow or working to rule, which is carried on –
with the intention of preventing, reducing or otherwise interfering with the production or distribution of goods, or the provision of services; and
in the case of some or all of the workers involved, in breach of their obligations to their employer or in disregard of the normal arrangements between them and their employer;

8. definitions
“lock-out” means any action taken by an employer, whether or not in contemplation or furtherance of a labour dispute and whether or not the employer is a party to a dispute, which consists in -
(a) the exclusion of a group of workers from a place of employment;
(b) the suspension of work in a place of employment; or
(c) the collective, simultaneous or otherwise connected termination or suspension of employment of a group of workers;

9. Aims of EReA
recognizing the democratic rights of workers and trade unions and enhancing protection of those rights;
building a productive employment relationship through the promotion of good faith behaviour and mutual trust in all aspects of work relations;
promoting collective bargaining;
encouraging voluntary settlement of disputes and promoting peaceful
resolution of disputes; and
strengthening the dispute and conflict settlement mechanisms.

10. INSTITUTIONAL FRAMEWORK UNDER the Employment Relations Act (EReA)
The institutional frameworks under the IRA have been repealed (except the NRB) and have now been replaced by the following new frameworks:-
The Employee Relations Tribunal :
makes award and orders in relation to disputes/issues referred to it for all sectors.
Commission for Conciliation and Mediation :
Provides conciliation and Mediation Service, investigate and enquire into and report on any labour dispute referred to it.
Conciliation Service at the Ministry of Civil Service and A.R for the Civil Service (The CSAT) : To enquire into disputes in the Civil Service and make awards thereon.

11. Employment Relations Tribunal (ERT)
(1) The Permanent Arbitration Tribunal (PAT) established under section 39 of the repealed Industrial Relations Act (IRA) is renamed as the Employment Relations Tribunal (ERT) in the Employment Relations Act (EReA) 2008.
(2) The Tribunal consists of:
a President and 2 Vice-Presidents whose offices shall be public offices;
not more than 10 other members, who shall be appointed for a period of 3 years by the Minister, after consultation with the most representative organisations of workers and employers;
not more than 6 independent members who shall be appointed for a period of 3 years by the Minister.

12. Commission for Conciliation and Mediation (CCM)
(1) The Industrial Relations Commission (IRC) established under section 41 of the repealed Industrial Relations Act (IRA) is renamed as the Commission for Conciliation and Mediation (CCM) in the Employment Relations Act (EReA) 2008
(2) The Commission consists of –
a President;
a Vice- President; and
not more than 6 other members who are appointed by the Minister for such period as he may determine after consultation with the most representative organisations of workers and employers; and
not more than 2 independent members who are appointed by the Minister for such period as he may determine.
(3) The President and the Vice President are appointed by the Minister on such terms and for such period as he may determine.

13. REGISTRATION OF TRADE UNIONs under the Employment Relations Act (EReA)
TU of workers should have a minimum 30 members to apply for registration whereas Trade union of employers should have 5 members . [Part II 5 (1) (e) and (f)]
After its formation, the TU has a delay of not more than 30 days to apply for its registration
The registrar has a time limit of only 30 days to make a reply to the TU of whether the registration has been approved or not
In case the registration has been refused, the aggrieved TU may appeal to the Tribunal
The Tribunal has to hear and determine the appeal within 90 days of its referral.

14. Recognition of Trade Union under the Employment Relations Act (EReA)
Recognition of TU is more flexible under ERA. ERA has clearly spelt out the criteria for recognition and the responsibility to consider recognition rests on Management/Employer.
The criteria for granting recognition:
As a Bargaining Agent if the TU has a support of not less than 30% of the bargaining unit
As a sole Bargaining Agent, the TU must have the support of more than 50% of the bargaining unit
As a joint negotiating panel if two or more TU have each the support of 30% or more .

15. Time-off facilities
An officer or a negotiator shall be granted reasonable time-off without loss of pay for the purposes of performing his trade union functions and activities, subject to the exigencies of his employment and in a manner which does not impair the smooth operation of his workplace.
A procedure agreement shall, as far as possible, stipulate the extent, duration and conditions of paid time-off, taking into consideration –
(a) the size of the trade union to which the officer or the negotiator belongs and the type and volume of activities carried out by the trade union;
(b) the additional responsibilities of an officer or negotiator of trade union at the level of a federation or a confederation.
The agreement for a time-off facility shall be for a period of not less than 24 months.

16. procedure agreement under the EReA
PROCEDURE AGREEMENT means an agreement which relates to –
(a) machinery for negotiation with regard to, or for, the settlement of terms and conditions of employment;
(b) negotiating rights;
(c) facilities for officers in relation to trade union activities;
(d) the establishment of a minimum service as specified in section 81;
(e) procedures relating to disciplinary matters; or
(f) procedures relating to grievances of individual workers;

17. Bargaining process under the EReA
Where recognition has been obtained under section 36(3),37(5) or 38, the trade union or group of trade unions or joint negotiating panel and the employer shall draw up and sign a procedure agreement to regulate their relations within 30 days from the date of recognition or any such longer period as may be agreed.
Where a party fails to comply with a provision of a procedure agreement, the other party may apply to the Tribunal for an order requiring the other party to comply with the provision of the procedure agreement.
An application made as above shall be determined within 30 days of the date of receipt of the application.

18. Terms of procedure agreements
A procedure agreement shall include provisions –
For the establishment of a negotiating body which shall cover –
the matters to be bargained and the levels at which bargaining shall take place;
arrangements for negotiating terms and conditions of employment and the circumstances in which either party can give notice of its wish to renegotiate them; and
procedures for settling collective labour disputes;
For the establishment of a minimum service as specified in section 81.

19. Bargaining procedure under the EReA
(1) A recognised trade union, a group of recognised trade unions, a joint negotiating panel or an employer may initiate negotiations with a view to reaching a collective agreement by giving to the other party a notice
(2) Where there exists a collective agreement, the parties to the agreement may initiate negotiations with a view to renewing or revising it by giving the other party a notice
(cont)

20. Bargaining procedure under the EReA (cont)
(3) The notice shall –
be in writing and signed by the party giving the notice;
specify each of the parties to be involved in the negotiations;
set out a summary of the issues to be discussed; and
specify the bargaining unit.
(4) Any party served with a notice (1) or (2) (as per previous slide) shall be under the duty to start negotiations within 30 days of the date of receipt of the notice or such longer period as may be agreed by the parties.

21. DISPUTE RESOLUTION under the EReA
Any apprehended dispute should in the first instance be reported to the Ministry/Department concerned, or if both parties agree, they may refer the dispute to the Tribunal for arbitration.
If the dispute is reported for conciliation, the Ministry/Department concerned shall have a period not exceeding 90 days for meaningful negotiations.
At any time during that period but not later than 20 days of the expiry of that period, any party may seek the assistance of the Ministry of Civil Service and Administrative Reforms to resolve the dispute.
(cont)

22. DISPUTE RESOLUTION UNDER the EReA (cont)
Any agreement reached will have the effect of a Collective Agreement and it shall be binding on both parties.
If no agreement is reached, if both parties agree, they may refer the dispute to the Tribunal.
Otherwise, at any stage of deadlock during the 90 days, any one of the parties may report a dispute to the Commission for Conciliation and Mediation.

23. DISPUTE RESOLUTION UNDER the EReA(cont)
The Commission of Conciliation and Mediation will have to complete its proceedings within 30 days. During negotiation, this may result either a deadlock or reach an agreement.
In case of deadlock, the Commission for Conciliation and Mediation will advise both parties jointly to refer the matter to the Tribunal for arbitration.
In case party decline to refer the matter to the Tribunal for voluntary arbitration, the party reporting the dispute may have recourse to strike subject to established procedures provided in the law which have been followed.

24. STRIKE under the EReA
Under ERA the issue of strike has been reviewed to be in line with the ILO convention as right to strike is considered to be a fundamental right. Section 76 clearly spelt out that , every worker has the right to strike and every employer may have recourse to a lock-out, provided that:
a labour dispute has been reported under section 64 and no agreement has been reached;
the parties to the labour dispute have not elected to refer the dispute for voluntary arbitration under section 63;
a strike ballot has been successfully taken in accordance with section 78;
(cont)

25. STRIKE (CONT)
a written notice of not less than 10 days before the commencement of the strike has to be given to the Minister of Labour, Industrial Relations and Employment and to the other party (section79);
a minimum service as specified in the Procedure Agreement has to be maintained during the strike - (section 81).
If a dispute has reached a stage of deadlock at the CCM and the parties decline to refer the matter to the Tribunal for voluntary arbitration, the party reporting the dispute may have recourse to strike within 45 days of the report of the CCM
The party has to give notice to the Minister and the other party of not less than 10 days before the strike start

26. Strength of EReA
Time frames are clearly set in each area. Ex:for Registration and Recognition of TU, Resolution of dispute, Award of the Tribunal etc.
Disputes no longer reported to the Minister but to the President of the Commission or President of the Tribunal
Lays more emphasis on collective bargaining to reach binding agreement
Encourages parties to avail themselves possibilities for conciliation and mediation

27. Strength of EReA (cont)
The Tribunal may sit in more than one divisions to exercise its power
Promotes collective bargaining in Ministries/Department
Encourages Ministries/ department to sign up a Procedure Agreement with unions to regulate their relationship
Ministries/Department are forced to entertain regular meetings with unions to build a productive employment relationship

28. THANK YOU