All labour stakeholders - government, employers and trade unions - are unanimous on one issue: the Industrial Relations Act (IRA) is outdated and should be replaced. The presentation of the White paper on a new legal framework for industrial relations in Mauritius by minister Soodhun last Friday was thus welcomed. Stakeholders have been given two months to study it in depth and make proposals for amendments before the drafting of the new Employment and Labour Relations Act.

The paper aims at protecting workers’ rights and easing trade union procedures, minister Soodhun said, when he introduced it to the press. The IRA dates back to 1973 and “it has become imperative to adapt our industrial relations system to the changing economic and work environment in order to ensure our competitiveness.” The two main changes compared to the IRA are the right to strike and collective negotiation.

Trade unions have been asking for the right to strike for long. The White paper recognises it as a fundamental right, which should however be used as a last resort. However, the government doesn’t intend to include this right into the Constitution, which the unions find absurd. But the prime minister will no longer have the prerogative of calling off a strike if he considers it dangerous for life, health and the security of the population. The paper plans that he goes to the Supreme Court, which can emit an injunction to that effect.

The paper states that the employer will have to accept that any employee can join the trade union of his/her choice without fear of discrimination. If the employer fails to abide by this recommendation, he/she is liable to a fine of Rs 10 000 to Rs 75 000.

Foreign workers, with a working permit, will also be able to join a trade union under the same conditions. Moreover, civil servants of two public institutions should now have the right to gather into a trade union: prison officers and the fire brigade. This will however not apply to police officers.

Trade union leaders are relieved that the right to strike will become a legal issue. They have struggled for this change for long. However, Jane Ragoo, leader of the Federation of Public Unions (FPU), expressed her doubts on the White Paper. “At first sight, the White Paper seems in favour of unions and we’re happy to see that the government has made a step ahead. But when we read it more closely, we realise that it contains some problems, which will urgently have to be dealt with before it is implemented into law.”

The government has given trade unions two months to read the White Paper and make eventual proposals for amendments. After all, the paper’s goal is “promoting dialogue for development and social justice”, isn’t it? Hence, the dialogue is now open.

Trade unions have appreciated some government proposals, which concern largely their rights. I have tried to solve the problem of “multiplicity and fragmentation of trade unions by bringing the membership criteria from 7 to 30 members.” Likewise, the paper suggests that the Registrar of Associations has less power. The registration of unions would be straight procedure and completed within 30 days.

On the other hand, employers have not expressed their opinion on the paper so far. They said they have to study it more closely before making any comment.

The White paper also aims at putting collective negotiation in the forefront. In this context, it proposes that all negotiation rights be taken in consideration, that unions have access to the work place and to information, that collective bargaining be implemented and that collective agreements become “binding” for three years after the arbitrary commission has been informed of the problem.

The goal is to “promote interest-based bargaining and ensure that parties work together to generate reasonable options and outcomes based on objective standards rather than being determined by tactical behaviour, irrational behaviour or relative bargaining power.”

One of the highlights of the White paper is the proposal of an independent Commission for Conciliation, Mediation and Arbitration composed of a commissioner and six assessors with skills in industrial relations, human resource management and economy. It will be expected to resolve through conciliation or mediation any dispute referred to under this Act.

The process for the coming into the world of the Employment and Labour Relations Act is now engaged. Minister Soodhun qualifies the White paper as a “big event”. The government would like to see the new act materialise early next year but this will of course depend on the energy and goodwill each stakeholder is prepared to invest into it.

<I>Trade union leaders are relieved that the right to strike will become a legal issue. They have struggled for this change for long. They neverthless express doubts on the White Paper as a whole.</I>