Bangla workers' health under watch

Government confirms that strict health screening is made on Bangladesh workers following reports that half of the adult population of Bangladesh are TB carriers.

Labour Minister, Jean François Chaumiere explains that the recruitment firms deals with all the formalities. “Health tests for Bangladeshi workers are conducted in their country before they are sent abroad. Once the health test exercises are completed, the recruiting firm sends the health certificates to the Mauritius Ministry of Health. The MOH then issues a provisional health clearance certificate. This will authorise the workers to enter the country, but they will have to undergo a series of health tests to confirm that they are healthy. These tests include HIV/AIDS, chest x-rays and others,” he says.

The Bangladeshi press reports that BRAC health programme executive Dr Fahim Ahmed Chowdhury said that though such a large number of Bangladeshi people are infected, very few of them carry active germs. Bangladesh ranks sixth among some 22 countries having the highest number of TB patients in the world. Every year some two million people die of the deadly disease across the world.

This was revealed at a roundtable held on Sunday at the National Press Club jointly organised by Health and Environment Journalists' Forum of Bangladesh (HEJFB), National TB Control Programme and BRAC Health Programme.TB control programme manager Dr Nazrul Islam lamented that negligence on the part of many doctors in southeast Asian countries might be responsible for increasing the number of TB patients. If proper dose of medicines is not administered, TB germs become medicine-resistant, he pointed out.

Though TB was discovered some 127 years ago and drugs for its control were invented 65 years ago, one person is infected by TB each second across the world and one dies of it every 15 seconds.

Source - http://www.defimedia.info/articles/5670/1/Bangla-workers--health-under-watch/Page1.html

Highlights – CSO Report on Labour Force, Employment and Unemployment for the 3rd Quarter of 2009

Following the issue of the CSO report on Labour, Employment and Unemployment for the period July to September 2009, the Minister of Labour, Industrial Relations and Employment Hon Jean-François Chaumière wishes to highlight the following:

• That the unemployment rate has been on the decrease for the last four years, going from 9.6% in 2005, 9.1% in 2006, 8.5% in 2007, 7.2% in 2008 and 7.7% in 2009. The slight increase in 2009 should be viewed in the context of an unprecedented economic slump on the world market, which has adversely affected various key sectors in Mauritius, namely manufacturing and tourism
• That despite the world economic downturn which has caused massive job losses in most parts of the world, and amongst the world’s largest economies like the US, Europe and China, Mauritius has been able to sustain job creation thanks to bold economic reforms undertaken by the government. Hence, 9 600 additional jobs have been created in the 2nd to the 3rd quarter of 2009 only.
• That the profile of the unemployed calls for prompt action from the government, that is: women (65% of 42 100), people aged below 25 (37%) and those without CPE or SC level. The Minister wishes to reiterate that these issues and other labour-related issues will be addressed in the National Employment Policy. Consultations in preparation of the Policy will begin next year.

PRESS CONFERENCE – BILAN 2008/2009

• 2009 : Employment Relations Act and Employment Rights Act – effective as from 2nd February. There have been several attempts to reform the labour legislation by successive government. This has been successfully achieved by this government under the leadership of the Prime Minister Dr. Navin Ramgoolam.
• Ministry ensures transition and implementation of the new labour laws – taking into consideration all the apprehensions expressed in several quarters.
• February to end of November: 1761 persons have opted to join the Workfare Programme and have been paid Rs 50.2 million as Transition Unemployment Benefit.
• Importance of dialogue in 2009: there were no major industrial unrests, or strikes actions. We have been able to resolve many industrial disputes through Mediation and conciliation. Nous fine aidé et intervenir pour deblock banne deadlock et facilite négociations, e.g: Bank of Mauritius, Mauritius Telecom, Air Mauritius, avoiding strike action in the Sugar Industry, etc.
• January to October: as 6500 industrial relations complaints were registered and dealt with at the level of my Ministry. A total amount of over Rs52.6 million was recovered on behalf of workers, of which Rs31 million through mediation and conciliation efforts and a further Rs21.6 million through the Industrial Court.
• Appeal to private enterprises to resolve their own disputes.
• Collective-Bargaining: appeal also goes to Trade Union organizations to make the most of facilities given in the New Legislation with regard to Collective-Bargaining – which according to me should remain the Trade Union most important function.
• Remuneration Orders : (i) the Travel Agent and Tour Operators Remuneration Regulations and (ii) Road Haulage Industry Remuneration Regulations.
• The National Remuneration Board has also already submitted its final recommendations on the 40 hour week during crop season in the Sugar Industry. Government has approved that – the 40 hr week during crop season be extended to the whole of the sugar industry:
(a) overtime during crop and intercrop season be uniformised and calculated by dividing the monthly basic wage by 173.33 (40 hr x 52weeks ÷ 12 months) instead by 208 during crop and 176 during intercrop; and
(b) the hours of work of watchman to be 60 hrs weekly instead of 72 hrs during crop season.

• Workers Education Division November 2008- November 2009: 167 courses/seminars/talks for a total of 4,480 participants including 442 trade union representatives and 72 HR managers

• Decent Work Country Programme: finalized.This document highlights ways and means to make the best possible use of available ILO resources to advance the Decent Work Agenda and thereby improving the working and living conditions of men and women workers in Mauritius.
• National tripartite constituents will be called upon to sign the document once ILO approval has been obtained.
• Occupational Safety and Health: 2,500 inspections at workplaces in 2009.Around 4,700 employees have also been sensitized on Occupational Safety and Health issues in 2009.
• 12 fatal occupational accidents have occurred this year.
Additional measures: (i) more emphasis is placed on inspection in the construction sector; (ii) job contractors are being distributed guideline on construction;

• Necessary actions have been initiated to increase the staff of the Occupational Safety and Health Inspectorate;
(i) the OSH (Electricity at Work) Regulations was promulgated on 01st June 2009;
(ii) the Occupational Safety and Health (Lodging Accommodation) Regulations is presently being examined at the level of Advisory Council for Occupational Safety & Health;
(iii) the draft OSH (Noise at Work) Regulations is being finalized with the State Law Office;
(iv) a national profile on OSH for Mauritius was prepared with the assistance of ILO and a National OSH Programme was prepared for further improving Occupational Safety and Health.



FUTURE PROJECTS:
A National Policy on Employment will address:
-participation of all stakeholders (employers, employees, trade unions etc)
-new types of employment
-mobility and security at work
-portable pensions
-mismatch in demand and supply of jobs
An event to gather all stakeholders should take place in February.

MINISTER CHAUMIÈRE MEETS BANGLADESHI FOREIGN MINISTER DIPU MONI TO DISCUSS ISSUE OF BANDLADESHI WORKERS IN MAURITIUS.

The Minister of Labour, Industrial Relations and Employment, Honourable Jean-François Chaumière held talks with the Foreign Minister of Bangladesh, Her Excellency Dipu Moni Nawaz. Minister Nawaz is at the head of a delegation of seven members from different departments of the Bangladeshi Ministry of Foreign Affairs, including His Excellency A.K.M. Samsuddin, High Commissioner of Bangladesh to Mauritius (based in Nairobi, Kenya). The meeting was held today, Monday 21st December 2009 at the headquarters of the MOLIRE in Port Louis, in presence of high officials of the ministry, including the Director of Labour Mr. Jayen Neerunjun.
Minister Chaumière and Minister Nawaz discussed the problem of passports of Bangladeshi workers coming to Mauritius, and the actions taken by the Government of Mauritius to address the issue. Minister Chaumière and Minister Nawaz agreed on the need for closer collaboration between the Passport and Immigration Offices of both countries. Minister Chaumière stressed on his determination to fight unscrupulous recruiting agents, who have been exploiting Bangladeshi workers coming to Mauritius. Minister Nawaz for her part announced that her government is the setting up a government body to handle the recruitment process, therefore eliminating the problem of recruiting agents. Minister Nawaz added that there are “excellent bilateral relations between Mauritius and Bangladesh and we won’t let 130 law-violators spoil these excellent relations.” Minister Chaumière informed H.E Minister Nawaz that the Government has taken decision to allow Male Bangladeshi workers to work in Mauritius until the expiry of their contract. Minister Nawaz that the status quo be preserved and suggested no further recruitment be allowed until the proper mechanism for so doing be installed.
Minister Chaumière and Minister Nawaz both recognized the importance of the economic contribution of Bangladeshi workers to the economies of both countries. Minister Chaumière recalled that expatriate workers in Mauritius have the same rights as local workers, and informed Minister Nawaz of new regulations coming into force in January concerning the accommodation of foreign workers. He spoke of the Ministry’s endeavour for their welfare, as in the Migrant Day event which took place at the Waterpark in Belle Mare on Sunday 20 December. Minister Nawaz expressed the wish to visit the accommodation of expatriate workers, a request to which Minister Chaumière immediately acceded to. Hence Minister Nawaz and her delegation will be visiting expatriate workers at the Compagnie Mauricienne de Textile in La Tour Koenig at 16 h 30 today, ahead of her departure from Mauritius tonight.
At the end of their meeting, Minister Chaumière and Minister Nawaz also discussed the other sources of competency that Mauritius can tap in Bangladesh, namely in the fields of engineering, architecture, agriculture and IT.

SPEECH - IOM MIGRANTS DAY

Today we are celebrating the International Migrants Day as declared by the General Assembly of the United Nations on 4 December 2000. The 18th December was chosen as on the same date in 1990, the General Assembly adopted the International Convention on the Protection of the Rights of Migrant Workers and Members of their Families.

This day is observed in many countries, by intergovernmental and non-governmental organizations as in one way or the other, we are all either migrants or descendents of migrants. Hence, it is important that human rights and fundamental freedoms of migrants are disseminated to ensure the protection of migrants taking into account the large and increasing number of migrants in the world.
Migration has several dimensions and the purpose of migration varies with time and circumstances. It can be temporary, circular or permanent and has several implications such as impact on physical and cultural environment, diaspora contribution among others. Unfortunately, issues like ill treatment, human trafficking also affect migration and this is why protection of migrants has become vital today. In Mauritius, though, we are more directly concerned with migration of labour. Mauritius is a good example of a country where both inward and outward labour migration are being implemented in a structured manner. We have presently around 36,000 expatriates working in our territory, particularly in the construction and manufacturing sectors. Indeed, these expatriates are playing, and will continue to play a crucial role in the economic development of our island. We can say that to a certain extent, we have become dependent on them for the survival of enterprises and for safeguarding the jobs of local workers.

Ladies and gentlemen, we cannot deny the fact that the migrant workers in Mauritius, coming mostly from China and India have tremendous skills and capabilities and these skills and capabilities can be seen for example, in the numerous state of the art buildings being erected around the island. Ebène is a very good example. Moreover, where local workers and expatriate workers are called to work together, there is a significant sharing of skills, beneficial to both.

On the other hand, since Mauritius became a member of the IOM in 2006, my Ministry has been facilitating the placement of Mauritian nationals in employment in Canada. As at today, some 271 Mauritians have already left for such jobs. An additional 40 will be leaving by the end of January 2010. The French Government, with which an agreement on labour migration has been signed, will shortly have the agreement ratified so that implementation of the project can start.

Ladies and gentlemen, Mauritius has included labour migration in its development strategy and with the collaboration of the IOM, indeed, Mauritians who are working in Canada have been sending remittances to their families. This is a good sign whereby our people are saving and sending funds to Mauritius which surely will be used either to set up small businesses or for the improvement of their quality of living.

Ladies and gentlemen, in labour migration, both receiving and sending countries benefit, one in terms of skills and the other in terms of remittances. However, in the process, we should not forget the worker himself. The worker, who is often already in a vulnerable situation, should therefore be given all the support and collaboration needed so that he can adapt to the receiving country and work without problems. As you are aware, in Mauritius, migrant workers enjoy the same conditions of work as the local workers and the law treats both migrant and local workers equally. The Special Migrant Workers Unit of my Ministry ensures that the conditions of work of the migrant workers as per their contracts of employment are duly respected and any case of complaints are attended to within the shortest delay possible.

Celebrating the Migrants day today is indeed a way to pay homage to the millions of migrant workers around the world who are engaged in a country of which they are not a national. We have to salute their courage and their will power to better their lives by working away from home, often leaving their families behind, and in some countries, at the whims and caprices of employers.

In order to mark the International Migrants Day, my Ministry, through the EPZ Labour Welfare Fund, has been organising a special activity for guests workers for the past six years. And for this year, precisely on Sunday next, some 1000 expatriates from the manufacturing sector have been invited for a recreational day at Belle Mare Waterpark.

Ladies and gentlemen, as Minister responsible for Labour and employment issues, I have a special thought for the 36000 workers coming from over 70 countries working in Mauritius presently, and also for the Mauritian workers earning their living in different parts of the world.

With these words, I would like to thank the IOM for this event and I thank you all for your attention.

THE ILO DISBURSES Rs 20 MILLION TOWARDS AN MSc PROGRAMME AT THE UNIVERSITY OF MAURITIUS

A Memorandum of Agreement between the International Labour Organisation and the University of Mauritius Trust was signed this morning, at the Four Points Sheraton Hotel in Ebène.

The purpose of this agreement is to set up a Masters of Science (MSc) in Social Protection Financing Programme, which is part of the Quatrain Africa Project.

In his speech, the Assistant Director-General and Regional Director for Africa of the ILO, Mr. Charles Dan highlighted that Mauritius is one of the two selected countries in Africa to host such a programme, as a result of its bilingualism and excellence in academia. The ILO is therefore disbursing Rs 20 million rupees towards the set up of this course.

The course, UOM Pro-Chancellor Professor Soodursun Jugessur said, is aimed at officers who are already in service in the field of social protection financing. Some 40 officers from Mauritius and the region will be trained in the first instance.

The Hon. Jean-François Chaumière, Minister of Labour, Industrial Relations and Employment, who was also present this morning at this ceremony, said that the nation is “grateful for the establishment of this ILO Quatrain Project and its development through Mauritian academia.” The minister added: “We are aware of our privileged position as being one of the few countries chosen in Africa, particularly because of the part social security plays in our Decent Work Country Programme.”

Minister Jean-François Chaumière witnessed the signing of the Memorandum of Agreement between Professor Soodursun Jugessur, Pro-Chancellor and Chairman of Council, Board of Trustees, UOM Trust, and Mr. Charles Dan, ILO Assistant Director General.

SPEECH - SIGNING OF AGREEMENT BETWEEN THE UNIVERSITY OF MAURITIUS AND THE INTERNATIONAL LABOUR ORGANIZATION

It is for me, a real honour to be amongst you this morning, and to be so closely associated with the signing of this Memorandum of Agreement, between the University of Mauritius and the ILO Quatrain Africa, for the launch of the Executive Masters of Science in Social Protection Financing Programme.

Some might say it’s just another Post-graduate study programme, another specialty for a specific industry or field of work. But those who think so are yet to see the broad picture, ladies and gentlemen. The Quatrain training concept, which is here being developed in partnership by ILO and the University of Mauritius, aims at providing governments with adequate and effective tools of financial governance. In simple terms: it’s one way of better handling public money, and to go even further: a tool to make sure that those who are responsible for handling that money effectively know how to do so.

That in itself is reassuring. It is reassuring because it shows the commitment Government has towards not only training its human resource properly, but more importantly towards increasing the effectiveness of the management of public finances in particular in social security.

However, ladies and gentlemen, this is not only about human resource or finance, but also about a vision of adhering to global principles: those of coherence in social protection planning, sound financial projection and the organization, control and evaluation of practices so that their effectiveness is reinforced or re-oriented for the good of social security.

This, Ladies and gentlemen, forms part of the Decent Work Agenda for Africa for the next 6 years. The Decent Work Country concept, was initiated by the ILO Director-General, Juan Somavia, and its main characteristics are
-to provide productive, secure and safer work,
-to ensure respect of Labour Rights
-to provide adequate income and
-to offer social protection, amongst others.


Therefore,you can see where the interest is in providing the best tools for the effective delivery of social protection: it is in line with the ILO principles we adhere to. Decent work and decent social protection are and will continue to be at the heart of our economic and social strategies. The reason for this is simple: our people and therefore our country are the primary beneficiaries of these strategies. And this is what we want: a thriving nation.

We, as a nation, are therefore grateful for the establishment of this ILO’s Quatrain Project, and its development through Mauritian academia. Quatrain Africa has the purpose of setting up permanent training capacities in the region for tripartite policy makers. The University of Mauritius has been selected as part of the two universities in the sub-region destined to become a centre of excellence in the training of social security managers. We are aware of our privileged position as being one of the few countries chosen in Africa, particularly because of the part social security plays in our Decent Work Country Programme, which is being finalized.

It is brought to my knowledge that the Masters in Social Protection Financing will be training social security experts, planners and managers from the region. Their training will furthermore be supported by European universities, the ILO Regional Office, the Social Security Department of the ILO and the International Training Centre of the ILO in Turin. The quality and soundness of this Masters Programme therefore goes without saying. We can expect that coupled with the resourcefulness, commitment and professionalism of our people, particularly those we are going to train, the success of this programme will be remarkable.

And as we await this resonating accomplishment, let me wish to all of you participants, future trainees, trainers, lecturers and all the stakeholders who will both assist and participate in this training programme every success in their future academic and professional endeavour.

MINISTER CHAUMIERE ON HEALTH AND SAFETY TO THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD

It is my honour and privilege to be present this morning on the occasion of the launching of this workshop on Safety and Health in the construction industry organised by the Construction Industry Development Board in collaboration with the Ministry of Public Infrastructure, Land Transport and Shipping.
I am informed that the aim of this workshop is to sensitize the consultants and contractors of the construction industry about the need to promote a healthy and safe working environment on construction sites.
At the outset, I would like to thank and congratulate the Construction Industry Development Board for their laudable initiative in organising such an important workshop at this opportune time when we have unfortunately witnessed a number of fatal accidents in the sector recently.
The construction industry is indeed one of the booming sectors of the economy with a significant workforce. However the construction industry has certain characteristics which distinguish it from other industries. These are: -
 the high proportion of small firms and of self-employed workers;
 the variety and comparatively short life of construction sites;
 the high turnover of workers;
 the large numbers of seasonal workers who may be unfamiliar with construction processes and practices;
 exposure to the weather; and
 the many different trades and occupations.
Given the nature of the activities prevailing in the sector, it is evident that significant risks may exist and if safety measures are not taken, serious injuries may be sustained and in certain cases can even be fatal. It is therefore imperative that every stakeholder, be it employer, worker, engineer, safety and health officer, contractor or consultant should take all appropriate and adequate measures to ensure that all risks are controlled and that the works are performed safely and safety and health norms are observed on site of work. Safety and health is the concern of everybody and it is only through our concerted efforts that we can achieve high standards of safety and health in the sector.
Over the past years we have seen the emergence of many high-rise buildings being constructed vertically, thus increasing the risks to the safety and health of workers in that sector. Working at height is indeed dangerous as falls of persons from a height and falls of materials and objects, represent some of the serious hazards. Of late, a high proportion of accident in this sector has been caused by falls from heights, falling of materials and contact with overhead electricity lines.
Working at height is a common feature nowadays and I would like here to point out that in this regard suitable and safe scaffold is of prime importance. In fact part 19 of the Health, Safety and Welfare Regulations, 1980 regarding buildings and excavation works require every building work to be undertaken under the general supervision of a competent person. No builder can ask a person to perform any work in an elevated position unless such work can be performed safely from a ladder or a scaffold. The law also imposes amongst others the duty on the builder to cause every scaffold to be:-
 securely and effectively braced to ensure stability;
 secured at suitable intervals;
 inspected by a competent person at regular intervals and after bad weather; and
 provided with a safe access.

Other hazardous activities which require serious consideration from all stakeholders from the safety and health point of view include working in deep excavations, roof work, working near void spaces, erection of scaffolds, demolition work, operation of mechanical equipment and working close to overhead electrical cables.
The Occupational Safety and Health Act 2005 clearly stipulates the responsibility of employers. Under Section 5 (1) of OSHA 2005 the employer has a duty, so far as is reasonably practicable, to ensure the safety, health and welfare of his employees. The employer has to comply with specific duties which include amongst others: -
(i) the need for a written safety and health policy, where 50 or more employees are employed; and
(ii) the need for periodic risk assessment.
The Act 2005 also requires every employer to provide adequate safety and health information, instruction and training to its employees: -
(i) on being recruited into the employers’ undertaking;
(ii) on being exposed to new or increased risks as a result of a transfer or change of responsibility; and
(iii) on the introduction of new plant or a change relating to any process already in use within the place of work.
Good management of construction projects is essential from concept through to design, construction, use, and eventual demolition to ensure that safety and health standards are being complied with. Poor management of the design or construction process is a prime cause of most of the deaths, injuries, and illnesses in the construction industry. Most serious accidents can be avoided by good design, good planning, and the use of tried and tested techniques for building safely. Actions taken at an early stage of the design process have a significant potential to reduce the level of risk on construction projects. Good co-ordination of activities and co-operation between all parties during design and construction is essential in reducing the high levels of risks found on many construction projects.
On this note, I wish all the participants fruitful interaction during the workshop and I have no doubt that they will make the most out of it.
Let me take this opportunity to make an earnest appeal to all consultants and contractors in the Construction Industry to place occupational safety and health high on their agenda and to take all necessary measures to ensure that all works are carried out in a safe manner.

JEAN FRANCOIS CHAUMIERE ON THE BUDGET - TUESDAY 24 NOVEMBER 2009

Let me, at the very outset, congratulate the Hon. Vice-Prime Minister and Minister of Finance, for this Budget which will remain as a major landmark as it aligns the fiscal year with the calendar year – thus breaking away from a tradition which was reminiscent of the colonial days.
This budget, Mr. Speaker, Sir, aims at placing people, especially the poor and the under-privileged, at the centre of development against the backdrop of global economic recovery. It is a budget that is fair and responsible, and the Minister of Finance has been able to reconcile the expectations of the population, the workers as well as the business community. Everybody has his share of the cake. He has been able to reconcile once again the economic exigencies to our social objectives.
I have listened with much interest to the interventions of Honourable members of the opposition. I am, as always, much disappointed with their comments, because they are simply not convincing at all. Our colleagues from the opposition are finding some difficulties not only in identifying any weaknesses in this budget, but in making concrete proposals or suggesting alternative measures. Why? Simply, because one cannot be more ‘royaliste que le Roi’. How can one criticizes this budget, when the majority of Trade Unions, workers and representatives of Force-Vives and NGOs acclaim most of the measures proposed by the Minister of Finance in the most positive and satisfactory terms.
When we come up with bold and courageous measures, the budget is branded as ‘a budget dominaire’ by our friends from the opposition. And now that we attempt to share equitably the national income following economic recovery, among the most vulnerable and the working class, the budget is criticized as being a ‘Budget electoraliste’. Which is which, Mr. Speaker, Sir. Let us be serious. The situation even if we are economically more comfortable than before, it still calls for serious actions, and less rhetorics, or at least constructive criticism on the part of our colleagues from the opposition. Mais surtout pas de la démagogie.
The 2010 National Budget has come up with concrete and practical measures in order to better the quality of life of each and every Mauritian citizen. It fully and ably addresses the three main priorities of the government, namely in: (a) shaping recovery to accelerate job creation while maintaining employment, (b) in consolidating social protection and progress to embed inclusive growth and (c) in sustaining a green Mauritius in order to mitigate the impact of climate change.
Most of the economic and social indicators have shown that this government was always right in coming up with enabling and bold measures in time through successive budgets since we took office in 2005. We have been able not only to address the serious and catastrophic economic situation we had inherited, but we have also been able to mitigate the impact of the world economic and financial crisis with some success.
In the face of the world’s most severe economic and financial crisis, if Mauritius has managed to come out relatively unscathed, it is certainly thanks to these bold, pragmatic, and timely measures initiated by this government.
The national budget 2010 provides comfort, not only to the business community, but to the population at large and to the ‘small people’ in particular.
As a caring government, in order to protect the population, and particularly the vulnerable, the Budget has proposed a series of social measures. For examples, just to mention a few, namely:

 developing national programmes on housing, women empowerment, sports & others through the National Empowerment Foundation;

 increase of the monthly income ceiling for full payment of SC/HSC examination fees from Rs7,500 to Rs8,500;

 extension of social aid to beneficiaries of Basic Invalids and Widows Pensions and child allowance in respect of children whose parents are recipients of social aid, and increase of old age pensions;

 refund of taxi fares for university students with disabilities; and

 expansion of the eradication of Absolute Poverty Programme to ensure that all pre-primary age children from poor families attend school.

The Minister of Finance must be congratulated for not forgetting all those who are struggling to have a house of their own. Through this Budget, we wish to fulfill the dreams of those still unfortunate ones by strengthening our social house programmes in line with our objective of providing ‘un toit pour chaque famille’. In this regard, the budget is providing for the setting-up of a low-cost housing programme on 1,000 arpents of land on 20 sites. The income threshold for government sponsored loans at the MHC has been increased from Rs8,500 to Rs10,000, thus increasing the number of beneficiaries. The upper limit for the sites and services scheme has also been increased fromRs12,000 to Rs16,000.

This budget rightly provides for spending and investing in vital sectors that also symbolize our welfare state, namely Education, Health and Social Security. These are core sectors on which depend the future of Mauritius through an educated, healthy and socially secured population.

Thanks to the subsequent budgets presented by my colleague, Dr. Sithanen, we have successfully mitigated the impact of not only the catastrophic economic situation we inherited in 2005, but also of the triple shocks as well as of the recent world economic and financial crisis. On top of that, we have not only been able to maintain and sustain the welfare state conceptualized by the Father of the Nation, but we have further strengthened the concept of welfare state so that the most vulnerable and the most deserving get maximum benefits.

These are the very fundamentals of the ideals of the Labour Party to which my friend Hon. Nando Bodha was referring. Even during the worst economic and financial scenario, this government will never to away with the welfare state. We shall never sacrifice the very ideals of the welfare state under any conditions. As a caring government, we shall always strive to further consolidate the welfare state by providing adequate social protection, free social security, free education and free health services to our citizens.

Our social achievements are many, Mr. Speaker, Sir. By way of examples, let me just mention a very few:-


 Free bus transport for over 120,000 senior citizens.
 Free bus transport for some 280,000 students.
 Restoring universal old age pension.
 Full payment of SC and HSC examination fees for some 9,000 students from families with modest income.
 Doubling the subsidy on flour and cooking gas, while maintaining subsidy on rice. En passant, this reminds me of 1982, when the then government took a decision to remove subsidies on our staple food namely on rice and flour.

 Giving financial support to help pig breeders recover from the impact of the swine fever epidemic.
 Low cost Housing Schemes.
 Granting 4,400 fishermen shares in the Fishermen Investment Trust.
 Providing Rs1 billion to support small planters for derocking, irrigation and land preparation.

These are practical examples of what we understand by ‘Putting People First’, Mr. Speaker, Sir.

‘Putting People First’ is not merely a slogan of the present government, but rather it also reflects our sincere commitment to the ideals and goals of the Labour Party. Today, we have every reason to be proud particularly whenever Mauritius is cited in international Forums for its remarkable achievements. It is not for nothing that Mauritius is among a very few countries in the African Continent placed among the High Human Development Countries in the 2009 UNDP Human Development Report, and is given a ‘honourable’ ranking in the Human Development Index.
It is a known fact that the best way to protect our people is to provide them with jobs. Contrary to what is happening world wide, be it in the USA, in Europe, in emerging economies like China and India, we in Mauritius, we are not only protecting jobs, but also creating jobs. For the year 2008 alone, we have been able to create more than 19,500 jobs. Much more than what the previous government created during 5 years when the international economic situation was relatively better than what it is today.
The unemployment rate has been continuously going down since we assumed office. The rate which was 9.6% has now reached a rate of less than 8%. During the past 4½ years, we have been able to reverse the rising trend.
I have noted that various opposition members, of whom Hon. Nando Bodha, has in his intervention repeated what he said in his observation last year relating to the new labour laws contributing to job losses. I will reiterate my comments on the observations made for the benefit of my colleagues on the other side of the floor and in particular to Hon. Bodha.
Job losses during the period 2001 to 2005 were as follows:-

2001 8,788
2002 7,957
2003 14,663
2004 16,100
2005 10,085

These bring a total of more than 57,500 workers who were laid off in the EPZ Sector alone during the years 2001 to 2005. The new labour laws came into effect on 2nd February, this year. And we are talking of more than 57,500 job losses in the EPZ sector alone at the time of the previous law – the Labour Act.
Contrary to those years where no immediate protection was available for laid-off workers, today workers under similar situation are better protected under the new labour law, particularly the Employment Rights Act.

We have, for example the Workfare Programme under the Employment Rights Act which has the merit of ensuring a means of immediate subsistence – a maximum of Rs10,095 and a minimum of Rs3,000 for a maximum period of 12 months to all laid-off workers. Unlike the situation prevailing under the previous laws – the Labour Act – where many workers did not receive any compensation on the closure of enterprises, the Workfare Programme guarantees a Transition Unemployment Benefit. This programme, in fact, maintains a contact between the laid-off worker and my Ministry until he is placed in a job, retrained/reskilled through the IVTB or is assisted through the SEHDA to set up a small business of his own. The Workfare Programme also ensures payment of the laid-off workers’ contribution to the NPF on his behalf for a maximum of 12 months. This is indeed a revolutionary scheme which has also been commended by the ILO.
Since the coming into operation of the new Labour Legislation in February this year, some 1700 laid-off workers have been admitted to the Workfare Programme and an amount of Rs43.5 million has been paid to the workers as Transition Unemployment Benefit. Had there not been the workfare programme, these laid-off workers would have to wait until their cases were determined by the Industrial Court and even then there would have been no guarantee of any payment especially in cases of liquidation.
Let me reassure the House that contrary to what opposition MPs had stated, the new labour legislation gives better protection to workers against termination of employment and in no way facilitates firing. Even in disciplinary cases employers still have the obligation to give the worker a proper hearing. Besides, all cases of unjustified termination of employment are duly investigated by my Ministry and bona-fide cases are lodged before the Industrial Court for adjudication.
There has also many comments regarding the role of the National Pay Council in relation to the grant of salary compensation announced in the budget. As members are aware, that as from the year 2007, the National Pay Council meets in May to make recommendation to government on the quantum of salary compensation to be paid to workers. The NPC functions in all independence.
For this exceptional circumstances, arising out of the transitional period required to concide the Financial Year with the Calendar Year government had to come with a policy decision regarding the payment of a salary compensation to workers. This does not in any way undermine the very existence of the National Pay Council.
Furthermore, this budget provides for massive investment in public infrastructure, without forgetting to give the necessary ‘encadrement’ to other as important sectors as Fisheries, Housing, Construction, SME’s, Tourism and ICT, just to name a few.
I am happy to note that the Minister of Finance has given due consideration in this budget to the SME Sector as well by providing several additional measures. The SME Sector, according to the Minister of Finance, has been the main source of employment creation during the crisis.
Mr. Speaker, Sir, as this House is aware, the government, since it took office in 2005, has attached high priority to the development of SMEs, which now amounts to around 100,000 enterprises and employs some 45% of the workforce. We believe that SMEs are socially and economically important because they are one of the main driving forces behind economic growth.
They are indeed playing a major role in the recovery of employment levels, as well as in addressing unemployment problems and poverty alleviation objectives.
In order to boost up this sector, the government, has, over the years continuously been taking an array of budgetary, institutional and legal measures. In the last budget, particularly in the context of the international economic crisis and also with a view not only to creating jobs, but also to saving and preserving employment, a series of measures were announced and are presently being implemented –with regard to giving SMEs all the support this sector requires.
The SMEs sector is called upon to play major role in generating employment opportunities for thousands of people in the economy. It will also be a major avenue to absorb new entrants on the labour market and thus open new vistas for the entrepreneurial class. Our efforts to developing a culture of entrepreneurship is slowly but steadily gaining grounds among our population, particularly among women.
I wish to take this opportunity to also congratulate the efforts of such SMEs development institutions such as the National Women Entrepreneurs Council, AREU, DBM, Trust Fund for Social Integration of Vulnerable groups, Enterprise Mauritius, amongst others. And last, but not least, the SEHDA to be known in future as SMEDA for its accomplishment so far – since 2005.
Mr. Speaker Sir, the Vice Prime Minister and Minister of Finance in the budget speech 2010 quote US Secretary of State Hillary Clinton who was speaking in Nairobi in August this year. Mrs. Clinton said that Mauritians have benefited from government reforms which I quote “unlock human potential”, unquote.
I wish to expand, Mr. Speaker Sir, on this idea of ‘unlocking human potential’. Even before going any deeper into this idea, I would like to focus for a moment on this very word: ‘unlock’. We have seen, in this budget speech, and in all of the ones presented by this government since it came into power four and half years ago, many doors being unlocked for the population.
Mr Speaker Sir, it began with this very concept of Democratization of the Economy and Empowerment, which are among the various programs devised by our government to help the Mauritian population unlock its own potential. It unlocked the possibility for them to do business with ease, to become their own boss and to create small and medium enterprises. It unlocked the possibility for planters, labourers and artisans to become shareholders of the cane industry, an industry who had remained for years without reach of the people that for decades had constituted its very core. It has unlocked the possibility for the former workers from this industry to own land and to recycle into new jobs. It has unlocked the possibility for women to train in fields ranging from manufacturing to agro-industry, and set up their own businesses.
This government, Mr. Speaker Sir, is now going even further in this unlocking process. Indeed, as the Vice Prime Minister and Minister of Finance himself said in his speech, it is going to, I quote : “break new ground, while intensifying efforts to consolidate the traditional and emerging economic pillars, so as to open more business opportunities and further stimulate job creation” … unquote.
And breaking new ground and unlocking human potential we are Mr. Speaker sir through this fresh, re-invigorating process of developing the creative arts industry. Mr. Speaker Sir, this is unheard of in this country. Other than listen to local music on the radio occasionally, and seeing them perform when we attend official functions, which government has encouraged the Arts industry as much as we have? It began in 2007 with the de-tax of musical instruments and other related equipment. The aim being to encourage those who are making a name for themselves on the local, regional and even international front, through events such as cultural festivals. Now this Government is going to unlock the potential of these artists, but also that of budding artists. What the Government is proposing to do, is its own version of ‘El Sistema’, which is a program of Social Action for Music begun in Venezuela, and which has spread even to the United States. The idea is to help children and young people from poor backgrounds, and particularly those who demonstrate a liking and aptitude for music, to acquire the necessary musical knowledge and skills which will propel them to break out of the cycle of poverty. This is our new ground, Mr. Speaker Sir… a ground that has already been broken in other countries in the world, and which will in ours too.
Other than this innovation, Mr. Speaker Sir, for those are establishing themselves in the performing and creative arts industry, the government ins proposing to support artists in undertaking journeys abroad, to benefit from international events and attend courses and workshops overseas. Grants and scholarships ranging from 52 to 200 thousand rupees have been earmarked for this purpose. Moreover, Government is proposing to use money from the National Lottery to cater for these needs. But every artist needs a stage or performing space and structure… and this too we are providing Mr. Speaker Sir, through the habilitation of the Anjalay Coopen for concerts and the subsidization of such concerts for broader public attendance. The creation of a Mauritius Symphony Orchestra is all the more commendable, Mr. Speaker Sir, at not only does it enhance the cultural profile of our country, but of its citizens who are going to be called upon to become part of this orchestra. The creation of this symphony orchestra will be the stimulus for our young musicians not only to believe in their talent, practice and perfect it and unlock their potential of becoming the pride of our nation through the Mauritius Symphony Orchestra. Just imagine the small child from an area seen as a pocket of poverty, playing on his small drum or pipe… and dreaming of one day playing at the … Plaza in his country’s national orchestra…and actually making a very decent living of it. This child’s dream is what this government is proposing to make come true, his potential we are working towards unlocking.
The successive budgets presented by this government over the years, under the leadership of Dr. Navin Chandra Ramgoolam, have given me enough reasons to be optimistic. Our achievements speak for themselves. Slowly but steadily, we have been able to overcome all the challenges and constraints on which we have absolutely no control. Yet thanks to the bold, courageous reforms as well as necessary measures taken – coupled with the support, contribution and comprehension of the population, our country and our people are better off today than they were 5 years ago. The feel-good factor is very much present among the population.

REPLY TO PRIVATE NOTICE QUESTION

PRIVATE NOTICE QUESTION

The Honourable Leader of the Opposition, Mr Paul Raymond Bérenger, G.C.S.K, M.P.

To ask the Honourable Minister of Labour, Industrial Relations and Employment:-

Whether, in regard to the dispute between the Mauritius Sugar Producers Association and the Trade Unions of the sugar industry, he will state where matters stand as at to date, indicating if-

(a) Collective bargaining at enterprise, rather than industry level, is being promoted under the Employment Relations Act; and

(b) Government would agree, after consultations with the Unions, to the appointment of a former judge of the Supreme Court, as arbitrator, with an economist and an accountant as assessors?


REPLY

Mr Speaker, Sir,

As Honourable Members may be aware, negotiation for a collective agreement between the Mauritius Sugar Producers Association and the recognised trade unions of the sugar industry started last year. The trade unions have constituted themselves into a Joint Negotiating Panel for the purpose.

For the purpose of the negotiation, the trade unions submitted the following main proposals:

(a) a compensation for lack of agreement between 2002-2008;
(b) a salary increase of 42-45% + a yearly increment of Rs 100 over 4 years;
(c) increase of all bonuses by 50%;
(d) an increase of End of Year Bonus from 9 to 12%;
(e) payment of gratuity equivalent to Blue Print benefits on normal retirement (i.e. 2½ months’ wages per year of service) + a plot of land;
(f) extension of 40 hr week over 5 days during crop season;
(g) an increase in quantum of sick, local and vacation leaves;
(h) allocation of land for agriculture diversification to VRS beneficiaries.

The MSPA was not agreeable and made the following counter proposals:

(a) an increase in basic salary as follows:
- 1 July 2009: 5%;
- 1 July 2010: 2.5%;
- 1 July 2011: 2.5%.
(b) maintain the 40 hour week as it is
- 5 days during intercrop;
- 6 days during crop season.
(c) establishment of a new methodology of bonus schemes as follows:
- A “Prime de Presence Annuelle” varying between Rs 3000 and Rs 9000;
- A “Prime d’Anciennete” varying between Rs 11,000 and Rs 20,000 depending on years of service;
- A “Prime de Productivite” for workers affected at cutting and/or loading canes (The bonus varies between Rs 250 and Rs 2500 per fortnight depending on workers’ earning);
(d) end of year bonus of 10%;
(e) the leaves remain unchanged;
(f) retirement schemes to remain unchanged;
(g) the Funeral grants to be increased to Rs 5,000 and Rs 2,500 to a worker and a pensioner respectively.

The Joint Negotiating Panel was not agreeable and maintained its demands and, in addition, in a letter dated 24 September 2009, it called for information on 15 specific issues, namely:

(a) the yearly Financial Reports of all the listed companies from 2001 to 2009;
(b) the yearly amount of dividends paid to shareholders of the listed companies from 2001 to 2009;
(c) the yearly value of assets of the listed companies from 2001 to 2009;
(d) the yearly overall remuneration paid by the listed companies to all its employees (i.e. total labour force) from 2001 to 2009;
(e) the yearly overall remuneration paid by the listed companies to labourers and artisans from 2001 to 2009;
(f) the number of employees employed by the listed companies as permanent labourers, artisans, staff (etat major) for every year, from 2001 to 2009;
(g) the number of employees employed by the listed companies as contractual/seasonal labourers, artisans, staff (etat major for every year, from 2001 to 2009;
(h) the overall amount of funds benefitted by the listed companies from the national budget in connection with the EU Accompanying Measures Fund for the funding of VRS/BP/ERS and the application of the Multi Annual Adaptation Strategy Plan 2006-2015 (MAAS);
(i) the total amount of Bank Loan on preferential rate benefitted by the listed companies;
(j) the area of agricultural land under cane cultivation of the relevant listed companies from 2001 to 2009;
(k) the area of listed companies for which land related taxes have been exempted from 2001 to 2009, and the amount of money corresponding to these exemptions;
(l) a copy of all Bagasse-Electricity agreements between the relevant listed companies with existing Independent Power Producers Companies for the exchange of bagasse and electricity;
(m) a copy of all agreements signed by the IPP sugar related companies involved in coal-bagasse energy co-generation with the Central Electricity Board;
(n) a copy of the agreement signed by the relevant listed companies for sugar refinery with Suckzuker;
(o) a list of all major share holders of the listed companies and a list of other companies in which they hold shares in Mauritius and abroad.

The MSPA indicated, in a letter dated 9 October 2009, that it was prepared to provide information it deems relevant to the collective bargaining exercise at industry level but not information pertaining to individual undertakings. For example, information pertaining to the Independent Power Producers was not deemed relevant as the institutions concerned are not members of MSPA and, as such, not concerned with the on-going collective bargaining exercise.

Mr. Speaker, Sir, the Employment Relations Act provides at Section 41 (1) that in the process of collective bargaining, either party shall provide to the other all relevant information required for the purposes of collective bargaining. Moreover, Section 41 (4) provides that where any party refuses to provide information under this Section, the other party may apply to the Employment Relations Tribunal for an order and the Tribunal shall, where it is satisfied that the information is relevant, make an order within 30 days that the information be provided. The order has to be complied with within 14 days of its making.

Mr Speaker, Sir,

I have had meetings with both the representatives of MSPA and the Joint Negotiating Panel at the end of October this year and have urged them to return to the negotiating table. It needs be noted that my Ministry can only act as facilitator in this process and the decision on how to proceed rests with the parties concerned.

The MSPA submitted a second set of counter proposals on 23 October 2009 to the trade unions which essentially concern:

- A salary increase of 13% over a 4 year period starting 1st July 2009;
- The productivity bonuses and the Prime d’Ancienneté et Assiduité to remain unchanged, as required by the Unions;
- Their proposal regarding the Prime de Présence Annuelle was maintained however.

I had a meeting with the representatives of the Joint Negotiating Panel on 30 October 2009. The trade unions indicated that they would only return to the negotiation table if MSPA:

(a) Provides them with all information they had called for;
(b) Withdraws its proposal regarding Prime de Présence Annuelle which they consider to be an attempt by MSPA to make their acquired rights less favourable; and
(c) Does not encourage enterprise level collective bargaining as in the case of FUEL and the Sugar Industry Workers Association (SIWA).

Should MSPA fail to accede to their requests, the Joint Negotiating Panel indicated that the workers would proceed with a one-day strike at the end of November. I drew their attention to the fact that any such strike would be unlawful as the established procedures under the Employment Relations Act have not been followed and urged them to follow the required procedures.

In a letter dated 21 November 2009 addressed to MSPA and copied to the Prime Minister and to me, the Joint Negotiating Panel has reiterated the three requests communicated to me at the meeting of 30 October 2009 and has added a fourth condition, namely that the listed companies of the MSPA should strictly abide to Section 21 (2) of the Sugar Industry Efficiency Act 2001 and to the Employment Rights Act 2008, on seasonal/contractual labour.

On 20 November 2009, MSPA has made an application to the Employment Relations Tribunal under Section 86 (3) for an order

(a) requiring the Joint Negotiating Panel to make use of the procedures and remedies available under the law; and
(b) to declare the threatened strike to be unlawful.

An order from the Tribunal is binding on both the parties and has to be complied with.

It has been reported in the press that the one day strike is scheduled for this Friday 27 November.

Mr Speaker, Sir,

With regard to sub paragraph (a) of the PNQ, I have to inform the House that the Employment Relations Act provides the framework and procedures for collective bargaining at both enterprise and industry level. Where collective bargaining is undertaken at industry level, there has to be a procedure agreement at industry level, which is the case for MSPA and the recognised trade unions. The decision to proceed with collective bargaining at enterprise or industry level rests with the parties concerned.

As regards sub paragraph (b) of the PNQ, the Employment Relations Act provides at Section 63 that the parties to a labour dispute may jointly refer such dispute for voluntary arbitration to the Employment Relations Tribunal or to an arbitrator appointed by them. Where any dispute is referred to the Employment Relations Tribunal under this Section, the Tribunal has 90 days of the referral to make an award. Where circumstances so require, this time limit may be extended with the consent of the parties.

Arbitration under the law is a voluntary process at the discretion of the parties concerned. It would not be proper for the Government to appoint an arbitrator and this, after consultation with the trade unions only.

PRESS RELEASE - MEF TRAINING OF TRAINERS WORKSHOP ON OCCUPATIONAL SAFETY AND HEALTH

Minister Chaumière makes appeal for healthier and safer working environment for workers.
The Minister of Labour, Industrial Relations and Employment, the Hon. Jean-Francois Chaumière launched a 5-day training of trainers workshop entitled: Risk Assessment and Introduction to Occupational Safety and Health Management today, Monday 23 November 2009 at the MEF-MCCI Building in Ebène.

Minister Chaumière highlighted the existing legal provisions under the Occupational Safety and Health Act 2005 to ensure safe and decent working conditions for workers. He applauded this initiative of the MEF which is line with government policy of promoting health and safety at work. Minister Chaumière asked “all stakeholders to put our efforts together so as to ensure a safer, and healthier working environment for our fellow workers.”
The main resource persons to the workshop are Mr. Franklin Muchiri, Senior Occupational Safety and Health Specialist from the International Labour Organisation (ILO), and Mr. Pavan Baichoo, Technical Officer Occupational Safety, International Programme on Safety and Health at Work and the Environment (Safework) – ILO.

The themes to be addressed in the course of this training week are inter alia:
-Fundamentals of Occupational Safety and Health
-Principles of Risk Management
-Incident/Accident Investigation
-ILO Guidelines on Occupational Safety and Health Management Systems

SPEECH - MEF TRAINING OF TRAINERS WORKSHOP ON OCCUPATIONAL SAFETY AND HEALTH

It gives me much pleasure to be amongst you, this morning, on the occasion of the opening ceremony of this ‘Training of Trainers Workshop on “Risk Assessment and Introduction to Occupational Safety and Health Management’ organised by the Mauritius Employers Federation in collaboration with the ILO.
I am informed that the objectives of the workshop are to train participants in the area of risk assessment in line with the requirements of the Occupational Safety and Health Act 2005 and to introduce the Occupational Safety and Health Management Systems concept.
I am pleased to note that two eminent experts from the ILO, namely Mr. Pavan Baichoo, Technical Officer, Occupational Safety, International Programme on Safety and Health at Work and the Environment, Safework and Mr. Franklin Muchiri, Senior Occupational Safety and Health Specialist will be the resource persons for the workshop and let me take this opportunity to extend a special welcome to them and wish them a pleasant stay in the country.
Globalisation, intense competition and technological progress are leading to fast changing working environment and eventually to new emerging workplace hazards. All these, result in a lot of pressure on all stakeholders in the world of work, including workers, employers and also on the enforcing authority. And in this context, I wish to thank and congratulate the Mauritius Employers Federation for its laudable initiative in organising this important workshop for its members and occupational safety and health professionals from the Institution of Occupational Safety and Health Management.
In this dynamic working environment, Safety and Health Officers have also a key role to play in the development and promotion of a safety and health culture at the enterprise level and I have no doubt that such training programme will enhance their skills and knowledge towards achieving these objectives.
The Occupational Safety and Health Act 2005, which came into force on 01 September 2007, prescribes specific duties for Safety and Health Officers. They are inter-alia required to assess the need for preventive measures to safeguard the safety and health of employees; advise the employer in writing on practicable measures and appropriate techniques to be implemented to minimise any risk in any process in the undertaking of his employer; design and implement appropriate training programmes, inspect all places of work, exercise adequate supervision to ensure the effective implementation of any arrangement made and enquire into complaints and occupational accidents and recommend in writing any safety and health measures to be implemented by the employer.
The employment of Safety and Health Officers is therefore of major importance in attaining high standards of safety and health at workplaces and promoting safe conduct of work. Given the wide range and complex nature of their duties, the need for continuous and appropriate professional training in various fields of occupational safety and health cannot be thus over-emphasised with the assistance of technical experts.
The Occupational Safety & Health Act 2005 provides for every employer to make a suitable and sufficient assessment of any risk to the safety and health to which any employee is exposed whilst he is at work for the purpose of identifying the measures he needs to implement. Any such assessment shall be reviewed by the employer not later than two years after any assessment or earlier where there has been a significant change in the matters to which it relates. Where an employer employs more than five persons, the significant findings of any assessment should be recorded. This workshop comes at an appropriate time as it will be a forum where you will strengthen further your knowledge by sharing your experiences and also learning new techniques from the two resources persons.
My Ministry is fully aware of the importance of occupational safety and health management system and risk assessment in an enterprise as a means to move forward in further improving the existing occupational safety and health environment. In this context, my Ministry is coming up with guidelines on Risk Assessment. This document is being prepared at the level of the Advisory Council for Occupational Safety and Health, a statutory body set up under the Act.
It has also been well established that an Occupational Safety and Health Management System in an enterprise is an important element in managing occupational safety and health at the enterprise. The employer has the responsibility and duty to ensure the safety and health of his employees and the implementation of an occupational safety and health management system is one useful approach in fulfilling this duty. The employer should show strong leadership and commitment to occupational safety and health activities in the organisation and make appropriate arrangements for the establishment of an occupational safety and health management system. The basic principles of an occupational safety and health management system are: -
(a) the preparation of an Occupational Safety and Health policy, through consultation with workers and organising resources for implementation of the policy;
(b) the allocation of responsibilities and accountability, ensuring competence of resources through training, documentation of Occupational Safety and Health Management Systems and establishing adequate communication related to Occupational Safety and Health;
(c) the planning and implementation of the Occupational Safety and Health Management Systems;
(d) evaluation through performance monitoring and measurement, auditing, investigation of accident, disease, incidents and review of procedures; and
(e) taking actions for improvement of Occupational Safety and Health.
In fact, the law provides that every employer of 50 or more employees shall make a written statement of his policy with respect to the safety and health of his employees and provide such resources, as appropriate, having regard to the nature of his activities and size of his undertaking for the effective planning, organisation, control, monitoring and review of the preventive and protective measures required to be taken by him under the Act. Moreover, every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of all his employees. The employer should also provide and maintain a working environment that is safe and without risks to health.
This government has pledged to ‘put people first’ and we share the belief of the ILO that the right to life is the most fundamental right and that workers’ protection against work-related accidents and illnesses is one of their fundamental rights. That is why we have come up with such a comprehensive and modern piece of legislation on occupational safety and health.
I sincerely believe that besides a strong legislative framework, training of the workforce to build a long-lasting safety and health culture is very important. My Ministry conducts regular training programmes for employers and their representatives and for workers from different economic sectors, including high risk sectors.
We are fully aware of the need to have adequate resources for an effective enforcement of the law. In this context, my Ministry is taking necessary measures to recruit additional Occupational Safety and Health Officers so as to provide an effective and efficient service.
Occupational Safety and Health, I believe, should become an integrated function of any business activity. It should not be looked at when “time is available” or when “funds are available”.
I therefore make an earnest appeal to all employers to place occupational safety and health high on their agenda, especially when it comes to high risk sectors such as construction. Workers, as well, should assume their responsibility. Poor health and safety can have negative impact on the employee, his family and also affect the enterprises image and productivity. As Minister, I will accept no compromises at all on matters pertaining to safety and health of workers. Any breach of the Occupational Safety and Health legislation will be dealt with very seriously and severely by my Ministry.
I again seize this opportunity to make an appeal to all stakeholders to put our efforts together so as to ensure a safer, and healthier working environment for our fellow workers.

SPEECH - WORKSHOP AT MEF

I am very pleased to be among you today on the occasion of the opening of this Workshop organised by the Mauritius Employers’ Federation.
I would like, at the very outset, to express my appreciation to Mauritius Employers’ Federation for taking the initiative of organising frequent workshops on diverse themes and issues of direct relevance to the world of work. Today’s workshop which focuses on Performance Linked Wage System will hopefully provide the opportunity to participants to better understand the pros and cons of Performance –related-pay in the context of the overall common objective of gaining and sustaining competitive advantage in period of economic uncertainty.
Ladies and gentlemen,
Competition and competitiveness of countries and enterprises have emerged as key issues as a result of not only globalisation, but also in the context of present economic challenges. And improving productivity and maximising the use of human resources, in most countries without exception, have become the reference point for the competitiveness of enterprises and long-term strategy for governments as well as managements of enterprises.
In their quests for achieving the goals with regards to competiveness and productivity, governments as well as enterprises have, over the years, initiated timely reforms in the pay system. Performance related pay has traditionally existed since long in the private sector with respect to specific jobs and tasks, particularly in the manufacturing sector, in the sugar industry and the construction sector.
Pay-for-performance in the corporate world, driven by companies in their search for competitive advantage, has contributed significantly to the pressure on government to reinvent people management practices. Likewise, many developed countries have introduced Performance Related Elements in their reward systems in one way or another. In Australia, flexibility in pay system is regarded as a catalyst for productivity improvement and work place reform. In Canada, Performance Related Pay Elements have been introduced for most levels of management. In Germany, government has committed itself to its introduction. In Netherlands, New Zealand and Sweden, just to name a few, provisions to include performance related pay elements in the Civil Service are already in place. U.K and Singapore are implementing Performance Related Schemes based on a system of Performance tranches and linked to individual performance. “Performance Tranches” refers to the classification of employees into say three groups – the best performers, the average performers and the least effective performers.
In Mauritius, as you may all know, Performance Related Reward is present mostly in private sector organisations, and a few state owned companies. In the public sector, however, the Pay Research Bureau has come up with some Performance Related Schemes and relevant recommendations as to their implementation through a Performance Management System. For a long time, Mauritius has had a traditional Civil Service pay structure and there was a strong apprehension about introducing performance pay too early in this sector. That’s why, in the context of public sector reforms, this is being carried out on a pilot basis, in phases with mechanisms for examining, approving, controlling, and monitoring its implementation integrated within a proper performance management and appraisal system.
What do we understand by performance related pay? Generally, performance related pay is used to reward employees on an individual and team basis. It is used in parts of both the public and private sectors where it is often perceived to be a way of giving an incentive to those at the top of their pay band or as a means of rewarding employees through the pay system. Pay increases are thus generally linked to individual or team performance measured against targets or objective criteria.
What is the rationale behind introducing a Performance Linked Pay System? Generally, many advantages are claimed for performance-related pay, though its primary purpose in any organisation is to recruit, retain and motivate the workforce. It is believed that high quality workers are attracted to an organisation where they believe their ability will be rewarded, while the current workforce is given the message that good performers are valued and that poor performers are not. The prospect of earning more money is assumed to motivate workers to work harder and more effectively.
There are additional aims, one of which is to make employees more aware of or more committed to certain organisational goals. When employees learn that certain skills or specific behaviour are rewarded in a performance-related pay system, they also learn what it is that their employer considers important.
Studies in various quarters have indentified other objectives of performance-related pay. These are, amongst others: making managers responsible for taking decisions, and giving them greater flexibility;giving better value for money;
encouraging greater accountability; strengthening the relationship between individual job goals and organisational goals; enhancing job satisfaction.
However, it is also important to know the other side of the story. For example, research conducted by the London School of Economics suggests that financial incentives derived from Performance Related Pay Systems may indeed reduce an employee’s natural inclination to complete tasks and derive pleasure from doing so. In fact, performance related pay provision could result in a net reduction of motivation across a team or organisation and therefore can impact negatively on overall performance.
There may be disputes about how performance is measured and whether an employee has done enough to be rewarded. Some might argue that rewarding employees individually does very little to encourage teamwork, and that performance related system may encourage unhealthy rivalry between managers.
It can therefore also be concluded that the ethos of paying for performance can be accepted in some organisations for specific job categories, whereas in others, it can simply be resented.
I would therefore suggest employers to be cautious with regards to the introduction of performance-linked-wage system, particularly if such a system does not exist in the enterprise concerned. The introduction of such a system should first imperatively be the subject of discussions and consultation with the workers as well as their representatives and trade union organisations. Employers who envisage to introduce Performance-Linked Pay System, must do so in full respect to the true spirit and principles of Collective-Bargaining.
While implementing a Performance-linked wage system, enterprises should also ensure that there are no departures from the principle of Equal Pay for Work of Equal Value. Allow me to add this is enshrined in our laws, in section 20 of the Employment Rights Act. Transparency is also a key feature, because employees need to understand why they are paid as they are. Workers with performance-related pay expect to have convincing reasons as to why some employees get more than others, and will want clear guidelines as to how they too can earn more money.
Employees are the driving force behind the success of every enterprise. In order to survive in today’s challenging business environment, it is important and crucial to reflect on how to prepare human resource responses to these challenges. Our future depends on technologies, changes, innovation, training and productivity improvement so that we may sharpen our competitive edge. Our future depends on skills, competence, and knowledge management since there is a need to upgrade the quality of our products and services to further increase our market share. And above all, we need to develop a productivity culture and also the need to change our work attitude and mindset.
We are conscious that increase in productivity and competitiveness can only be brought about and sustained through major reforms to the labour market and wage policy. In the past, inflexible labour market regulations have separated wage developments from productivity changes, and affected risk-taking and innovations in the productive sectors.
In line with government’s commitment to labour market reforms, and market flexibility, we have introduced with effect from 2nd February this year, the new labour legislation, namely the Employment Relations Act and the Employment Rights Act with a view to removing the existing rigidities as well as to better addressing the interests of both workers and investors as well.
The new labour legislation, particularly the Employment Relations Act provides for the necessary tools for the promotion and practice of Collective-Bargaining on general terms and conditions of Employment, including payment systems.
According to the Code of Practice, Section 53 to 56, of the Employment Relations Act, Payment Systems vary according to the nature and organisation of the work, local conditions and other related factors. Payment system shall be based, wherever applicable, on some form of work measurement under which payment systems must be jointly negotiated where trade unions have negotiating rights.
The Code of Practice of the Employment Relations Act further states that differences in remuneration shall be related to the requirements of the job, which shall, whenever possible, be assessed in a rational and systematic way in consultation with the trade unions concerned. It is also emphasised that Payment Systems shall be periodically reviewed to make sure that they suit current circumstances and to take account of any substantial changes in the organisation of work or the requirements of the job.
Before concluding, I’ll take this opportunity to add that I welcome the tripartite meeting as announced in the budget speech yesterday, as this will give us the possibility to solve the issue of the absence of the trade unionists on the National Pay Council. I deem this a very good thing.
I wish to congratulate again the MEF for holding this workshop on such an important subject as “Performance Linked Wage System”. To the workshop participants, I can say that you are all lucky to have two experts of very high calibre as resource persons; namely Mr M. Vivekanandan from Malaysian Employers Federation and Mr Hezron Njugana from the International Labour Organisation. I would, therefore, urge you to make the most of this opportunity with a view to further strengthen your knowledge on this subject.

MINISTER CHAUMIERE WELCOMES THE FORTHCOMING TRIPARTITE MEETING, AS ANNOUNCED IN THE BUDGET SPEECH.

The Minister of Labour, Industrial Relations and Employment, Hon. Jean-Francois Chaumière launched a workshop on Performance Linked Wage System at the MEF-MCCI Building in Ebène this morning.

In his address, Minister Chaumière spoke of the various countries who have adopted this kind of system, and of the challenges and drawbacks associated therewith. With regards to the situation in Mauritius, the minister said: “the ethos of paying for performance can be accepted in some organisations for specific job categories, whereas in others, it can simply be resented.I would therefore suggest employers to be cautious with regards to the introduction of performance-linked-wage system, particularly if such a system does not exist in the enterprise concerned. The introduction of such a system should first imperatively be the subject of discussions and consultation with the workers as well as their representatives and trade union organisations. Employers who envisage to introduce Performance-Linked Pay System, must do so in full respect to the true spirit and principles of Collective-Bargaining. While implementing a Performance-linked wage system, enterprises should also ensure that there are no departures from the principle of Equal Pay for Work of Equal Value. Allow me to add this is enshrined in our laws, in section 20 of the Employment Rights Act.”

The Minister also expressed his satisfaction at the forthcoming tripartite meeting, as announced by the Vice Prime Minister and Minister of Finance Dr. Rama Sithanen in the budget speech yesterday. “This should help resolve the issue of the absence of trade unions on the National Pay Council, as is presently the case”, he commented.

The MEF workshop spans over two days. The main resource persons are: Mr. Hezron Njuguna, Senior Specialist in Employers’ Activities from ILO Addis Abeba and Mr. Maroly Vivekanandan, General Manager of the Malaysian Employers’ Federation.

RENCONTRE ENTRE LE MINISTRE CHAUMIÈRE ET LES REPRESENTANTS DU BUREAU INTERNATIONAL DU TRAVAIL (BIT)

Le ministre Jean-François Chaumière a rencontré ce matin lundi 16 novembre 2009 deux représentants de la Branche Régionale pour Madagascar du Bureau International du Travail. Ils sont Christian Ntsay (Director) et Nombana Razafinisoa (Programme Officer). Une rencontre qui s’est déroulée en présence du chef de cabinet du Ministère du Travail, de l’Emploi et des Relations Industrielles, Madame V.L. Ramsamy.

Au menu des discussions : la tenue prochaine d’un atelier tripartite se rapportant au lancement du National Tripartite Forum. Ce forum sera appelé à être l’instance regroupant les partenaires du monde du travail. Il doit être lancé au début du mois de décembre. Un lancement qui se fera conjointement avec le BIT. Il est à noter que Me. Charles Dan, directeur général du BIT pour la région Afrique fera le déplacement à Maurice pour cette occasion.

Il a aussi été question, lors de cette rencontre, de l’ébauche du Decent Work Country Programme, qui soulignons-le, a été confié à une consultante, Mme. Esther Hanoomanjee. Ce document fait encore l’objet de consultations entre les parties concernées : le patronnat, le syndicat et des officiels du gouvernement. Le Decent Work Country Programme est appelé à être un document de référence dans les années à venir dans le domaine du droit du travail à Maurice et sera plébiscité au plus haut niveau par le Bureau International du Travail.

Le BIT s’associera d’autre part à l’Université de Maurice et QUATRAIN AFRICA pour le lancement d’un Executive Masters Programme in Social Security Financing.

Outre l’Honorable Jean-François Chaumière, les représentants du BIT se sont entretenus avec d’autres membres du gouvernement, des représentants du secteur privé, des syndicats et de l’Université de Maurice entre autres.

MINISTER CHAUMIERE TO RENEW TUTF BOARD

The Minister of Labour, Industrial Relations and Employment, Honourable Jean-Francois Chaumière holds a meeting today, Thursday 12 November 2009 at 11 a.m. with the Board of Trustees of the Trade Union Trust Fund. The Minister will announce in the coming weeks the composition of the new board of the TUTF.

The TUTF Board of Trustees has not been reconstituted in 2007 and 2008 as a result of extraneous use of funds allocated to the Fund. Government had then set up a committee to look into the proposals to review the TUTF Act and to better manage the Fund. The committee, chaired by Mr. Neerujun, Director of the Labour and Industrial Relations Division of the Ministry, has completed its exercise and submitted a report in October 2008. The committee has made some proposals for the amendment of the TUTF Act. Another committee has been instituted to study these proposed amendments and is yet to make recommendations.

The TUTF is a corporate body established under the Trade Union Trust Fund Act of 1997. Its objects are, inter alia, to receive and to manage funds and other property obtained from the Government and other sources and to provide assistance to workers’ organizations.

The Fund is managed and administered by a Board of Trustees appointed by the Minister of Labour, Industrial Relations and Employment, consisting of: 8 representatives of workers’ organizations and six representatives from the ministries of Labour and Industrial Relations, Finance, Education, Civil Service Affairs, Reform Institutions, Women, Family and Child Development, as well as an independent person appointed by the Minister.

The office bearers as from 01 September 2008 are:

(a) President: Mr. Deepak Benydin – Fédération des Syndicats des Corps Constitués
(b) Secretary : Mr. Giandeo Peeharry – Federation of Progressive Unions
(c) Treasurer: Mr. Pradeo Buldee – Mauritius Trade Union Congress
(d) Member: Mr. Serge Jauffret – General Workers Federation
(e) Member: Mr. Radhakrishna Sadien – State Employees Federation
(f) Member: Mr. Yusuf Sooklall – Free Democratic Union Federation
(g) Member: Mr. Cassam Kurreeman – Mauritius Labour Congress
(h) Member: Mr. G.T. Jadunundun – Federation of Civil Service & Other Unions

MINISTER CHAUMIERE ANNOUNCES JOB CONTRACTORS HAVE TO BE COMPLIANT TO OCCUPATIONAL SAFETY AND HEALTH ACT 2005.

The Minister of Labour, Industrial Relations and Employment, Honourable Jean Francois Chaumière announced today that Job Contractors of the construction industry will soon be required to comply to provisions under the Occupational Safety and Health Act (2005), namely:

• Risk assessment
• A record of risk assessment if there are more than five employees
• A safety policy for those having more than 50 employees
• A Safety and Health Officer if there are more than 100 employees
• The examination of machinery & equipment (lift, crane etc)

It is to be noted that the Job Contractors will also be given a list of notifiable accidents.

The number of Job Contractors registered at the Ministry of Labour, Industrial Relations and Employment was of 2 382 as of October 2009, that is 517 more than at the same period last year (October 2008). This boom in the number of companies requesting a Job Contractors Permit has been the primary motive for this decision, as Minister Chaumiere stated today that a worker’s life is a human life. No risk as to the health and safety of workers will be tolerated by the authorities, the minister said. He was speaking today, Monday 09 November, 2009 at the launch of a 3-day workshop at the IVTB entitled “Design, Erection, Use and Dismantling of Scaffolding” at the Sir Kher Jagatsing Training Centre of the IVTB in Beau Bassin.

UN HUMAN DEVELOPMENT REPORT LAUNCHED BY JF CHAUMIERE

The Minister of Labour, Industrial Relations and Employment, the Honourable Jean Francois Chaumière launched the Human Development Report of the UNDP on Thursday 05 November, 2009, at Le Labourdonnais Hotel in Port Louis. The UNDP Human Development report was launched in presence of the UNDP resident representative Mrs. Asha Kannan.


In his address, Minister Chaumière re-iterated the government’s endeavour in the field of circular migration, particularly in countries like France, China and Canada. “Mauritius,” the minister said, “became a member of the International Organisation for Migration (IOM) in 2006. In collaboration with the IOM, the government is presently implementing a Circular Migration Project which aims at identifying employment opportunities abroad, and training Mauritians in the skills required to facilitate their placement in these jobs.”

Furthermore, the minister announced that the Ministry was finalizing the Occupational Safety and Health regulations respective of the accommodation of migrant workers in Mauritius, stating that “Mauritius has not only reformed its labour and employment laws and other related legislation, but has also taken an array of measures with a view to better protect migrant workers in our territory. In this context, we are also finalising the Occupational Safety & Health (Employees Lodging Accommodation) Regulations – to provide better accommodation for migrant workers.”

JEAN-FRANCOIS CHAUMIERE RENCONTRE LES PARTENAIRES DE L'INDUSTRIE SUCRIER

Le Ministre Chaumière œuvre pour un rapprochement de la MSPA et du Joint Negotiating Panel de l’Industrie Sucrière, mais reste contre la démarche de grève.

Le Ministre du Travail, des Relations Industrielles et de l’Emploi, l’Honorable Jean-François Chaumière a rencontré les dirigeants de la Mauritius Sugar Producers Association (MSPA) ce mercredi, et ce à leur demande. Il a également rencontré les représentants du Joint Negotiating Panel (JNP) de l’Industrie Sucrière qui regroupe cinq fédérations syndicales en vue de négociations salariales avec la MSPA.

Dans sa rencontre avec la MSPA, Jean-Francois Chaumière a fait état des mécanismes disponibles au niveau du ministère du travail pour aider les deux parties dans leur processus de dialogue.

Pour ce qu’il est de la rencontre avec la JNP, le ministre a été informé des trois points sur lesquels le JNP insiste pour être en mesure de poursuivre les négociations, notamment l’accès à l’information, les ‘awards’ acquis et le respect des protocoles d’accords (procedural agreements).

Dans un point de presse à l’issue de ces deux rencontres, le ministre Chaumière a réitéré son appel pour la poursuite du dialogue entre les deux parties et a affirmé que la grève ne serait pas la solution. Il a appelé à ce que les deux parties aient recours à toutes les institutions et les dispositions légales en vue de trouver un terrain d’entente dans ce litige.

CIEL CHAIRMAN MANUFACTURING EXCELLENCE AWARD

Le ministre Jean François Chaumière – invité au Chairman’s Award for Manufacturing Excellence du groupe CIEL Textiles
Le ministre du travail, des relations industrielles et de l’emploi, l’Honorable Jean François Chaumière était l’invité d’honneur au Chairman’s Award for Manufacturing Excellence du groupe CIEL Textiles samedi 10 Octobre, au Cyber Tower 1 d’Ebène. Evènement annuel organisé par le groupe CIEL pour récompenser les employés les plus performants de son secteur manufacturier.
Cérémonie en présence du président du groupe CIEL Arnaud Dalais, de son CEO Harold Mayer, de son excellence l’Ambassadeur de Madagascar Bruno Ranarivelo et de plusieurs centaines d’employés des différentes unités de production de CIEL Textiles de Maurice, Madagascar et de l’Inde.
Le ministre Jean-François Chaumière devait saluer cette initiative du groupe CIEL qui vise à encourager les différentes unités à maintenir un niveau d’excellence dans la production, mais elle est aussi l’occasion de motiver d’avantage les employés qui opérant au sein de ces diverses unités.
Il devait ajouter que ce genre d’action vient complémenter celles entamées par le gouvernement pour la sauvegarde des emplois et la consolidation des entreprises, à travers, notamment, les mesures du Additional Stimulus Package et les réformes légales, spécifiquement celles, qui à travers son ministère, ont voulu mettre les lois régissant le monde du travail en phase avec les exigences de l’économie moderne tout en améliorant la protection des travailleurs. Il devait aussi parler de l’accident sur un site de construction le mois dernier qui rappelle combien les mesures de sécurité au travail sont primordiales.
Le ministre Jean-François Chaumière devait aussi faire le parallèle entre cet évènement et l’exercice de branding ‘Mauritius – c’est un plaisir’ récemment effectué pour faire ressortir l’internationalisation de ce groupe et de Maurice.
Arnaud Dalais, président du groupe CIEL devait lui faire valoir les stratégies mises en place par son groupe pour le maintient des emplois, et saluera en même temps les mesures « très promptes et dynamiques » mises en place par le gouvernement pour que « le pays et la région soient sauvés ».
Idem pour Harold Mayer, CEO de ce groupe qui soulignera que les mesures du Additional Stimulus Package a en effet aidé l’industrie manufacturière.

VISITE AU GROUPE ESQUEL

Le ministre Jean Francois Chaumière en visite au groupe Esquel à Beau Bassin : « c’est à grâce à la vision du Premier Ministre le Dr. Navin Ramgoolam que des entreprises comme Esquel ont pu bénéficier de l’AGOA ».

Le Ministre du Travail, des Relations Industrielles et de l’Emploi, l’Honorable Jean Francois Chaumière s’est rendu ce matin, jeudi 15 Octobre, au siège de Esquel Group (Mauritius Limited) à Mare Gravier, Beau Bassin. Cette entreprise, pour le ministre Chaumière, est l’un des fleurons du secteur manufacturier mauricien qui s’est implanté chez nous il y a maintenant plus de 15 ans. Sa visite s’est insérée dans le cadre d’un exercice de recrutement que doit bientôt entamer la compagnie, et pour un constat général de la situation dans cette entreprise.

Le groupe Esquel a injecté Rs 104 millions dans l’industrie de 2005 à ce jour. Ses prévisions pour 2008-2009 sont de Rs 86 millions additionnelles, avec un recrutement de 400 personnes pour son unité de Grand Bois le mois prochain. 80% des exportations du groupe sont destinés au marché américain, et l’autre 20% au marché européen, entre autres. Esquel bénéficie des provisions de l’AGOA et prendra avantage du nouvel Accord de Partenariat Economique conclu avec l’Union Européene.

Le mInistre Jean Francois Chaumière a d’ailleurs rappelé que c’est grâce à la vision du premier ministre le Dr. Navin Ramgoolam que les entreprises telles Esquel ont pu bénéficier de l’AGOA. « C’est un plaisir de voir qu’Esquel a su prendre avantage de l’AGOA… surtout quand on connaît l’exigence de la clientèle américaine » dira le ministre Jean Francois Chaumière. Il ajoutera que « les relations industrielles … sont un plaisir à voir » dans cette compagnie et que le ministère du travail s’engagera à aider cette entreprise à motiver davantage ses employés. Le ministre Jean Francois Chaumière s’est entretenu avec le management de la compagnie, dont le General Manager Me. Hemraj Ramnial.

Esquel, qui compte une unité de fabrication à Mare Gravier et une autre à Grand Bois, emploie 3500 personnes : 1600 mauriciens, 850 chinois, 550 malgaches et 250 bangladeshis. Le ministre Jean Francois Chaumière a rencontré plusieurs de ses employés, à leurs différents postes de travail, et s’est également informé des divers chartes auxquelles adhère l’entreprise (exemple : celui de la marque Tommy Hilfiger, qui par exemple exige qu’aucun employé ne soit forcé au travail). Le ministre a aussi pris connaissance des principes W.R.A.P de l’entreprise : soit l’adhésion au lois et aux règlements du travail, l’interdiction du travail forcé, l’interdiction du travail des mineurs, l’interdiction du harcèlement, la compensation et les bénéfices, les horaires de travail, l’interdiction de la discrimination, la santé et la sécurité, la liberté d’association et l’environnement entre autres.