Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Article 1 of the Convention. In its previous comments, the Committee had pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, provides that foreign workers may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, in contradiction with Article 1 of the Convention. In reply, the Government states that an administrative measure has been introduced whereby prior to the issue of a work permit to a non-citizen, the prospective employer must sign an agreement (agreement in respect of employment of non-citizens) stating, inter alia, that it shall provide the foreign worker with insurance against work injury.

The Committee notes this information. It points out, however, that the agreement does not guarantee that the level of benefit provided shall be equal to that provided under the National Pensions Scheme. Furthermore, the agreement is only between the Government and the prospective employer and does not give the foreign worker or his or her survivors a direct and enforceable right. The Committee recalls that Article 1, paragraph 2 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention who are victims of an industrial accident, as well as to their dependants. It once again expresses the hope that the Government will take the necessary steps to fully comply with the requirements of the Convention, in particular by amending section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978. It would appreciate receiving information on any progress made in this respect.