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On tripartism

31 mai 2006, 00:00

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There is a lot of misunderstanding regarding tripartite negotiations and tripartism. Tripartite negotiations in the Mauritian context are restricted to an annual wage negotiation whereas tripartism is a broader concept governing relations among the three social partners: Government, Employers and Trade Unions. Tripartism implies consultation and involvement of social partners in the decision-making process. Tripartite negotiations are simply a mechanism for wage negotiations but they are not a system or practice used widely in the world. In fact, collective bargaining remains the most prevalent system that governs the employment relationship between employers and employees in virtually all countries, both developed and developing countries.

Mauritius is also a signatory of the ILO Convention No. 98 on collective bargaining. Article 4 of this Convention provides that ?Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers? organisations and workers? organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.? There are two principles that have to be underlined in this article, first, the government should take action to promote collective bargaining and, second, the voluntary nature of negotiations which implies the autonomy of the parties. The development of collective bargaining in no way implies the death of tripartism. On the contrary, it is a reinforcement of tripartism with the three social partners playing their due role.

The Mauritius Employers? Federation (MEF) does not question tripartite negotiations per se but the basis of these negotiations which have outlived their usefulness in its present form. A system of wage negotiations depending solely on one factor like inflation is simply unsustainable in the long run. It fuels further inflation, it is based on money illusion and ultimately is unfavourable to the people it was meant to protect. The vicious circle of wage price spiral is perpetuated. The MEF has repeatedly drawn the attention of all social partners to the fact that there is a need for a paradigm shift if Mauritius is expected to be competitive in the world markets. Unfortunately, our calls were unheeded and we have reached a point of crisis that calls for drastic remedies. We believe that no wage policy can be determined by a single factor; it has to take into account the entire gamut of factors which the present system does not.

It is worth mentioning that tripartism is not limited to the Ministry of Labour, Industrial Relations & Employment although it plays the key role in this respect and should be the promoter of collective bargaining and of tripartism. It is not limited to one ministry or field. Regular consultations among social partners do take place with other ministries, e.g. Ministry of Education and Human Resources, Ministry of Finance & Economic Development, Ministry of Social Security, National Solidarity and Senior Citizens Welfare & Reform Institutions and Ministry of Environment & National Development Unit.

Tripartism is enshrined in most of our labour legislation and also in economic and social bodies. Both employers? organisations and trade union representatives form part of a wide range of bodies which are tripartite in nature such as the National Remuneration Board, Termination of Contracts of Service Board, Labour Advisory Board, National Pensions Fund, National Solidarity Fund, Employees Welfare Fund, National Savings Fund, NPF-NSF Investment Committee, etc. This is in most cases embodied in law. A prominent feature of the involvement of social partners resides in the representation of social partners on boards and committees of different statutory bodies.

Such representation is a legal obligation on the part of the State. In case of violation, both employers and workers speak with one voice to defend the principle of tripartism. There have been cases where for one reason or another the tripartism principle is violated. In such cases, it is the responsibility of the social partners to draw the attention of the relevant authorities and seek remedies to such a situation. This happens when the role of institutions is not understood and this affects the very fabric of social dialogue, of tripartism, of consultation, of involvement in the development process. This is not a win-win situation and not the spirit that we are accustomed to Mauritius has a long tradition and history of social dialogue.

Another misconception that has to be cleared is the assumption that employers and trade unions are always on a conflicting mode. On most boards, all social partners strive to reach consensus. Recourse to a vote is the exception rather than the rule. All partners participate in discussions and debates and show respect for their respective views. This is a healthy sign and shows that all of us are able to contribute to the functioning of institutions in a spirit of mutual understanding and respect.

At the international level, Mauritius forms part of the International Labour Organisation (ILO) which is the unique tripartite body under the UN system and whose director general is elected by the three social partners. The ILO also holds its annual international labour conference which is attended by tripartite delegations from more than 178 countries. Participation of tripartite delegations is mandatory and the Mauritian Government has always sent a tripartite delegation to the conference. Tripartism is the cornerstone of the ILO.

It should not be forgotten that Mauritius has ratified the ILO Convention No. 144 on tripartite consultation. As the employers? organisation, we are committed to abiding by the provisions of this Convention. The promotion of collective bargaining is not in contradiction with tripartism. 154 countries, including Mauritius have ratified the Convention No. 98 on right to organise and bargain ccollectively. Collective bargaining implies constant dialogue and discussions on matters relating not only to wages and remuneration and working conditions but also on training, retirement, occupational safety and health, pensions and welfare of employees.

The paradigm shift that we are to undergo in tripartite negotiations will only strengthen tripartism. Improvements in the system shows that tripartism is alive, dynamic and can adapt to the changing needs of countries. It is not out of place to add that the ILO is the only institution in the UN system that was set up after the First World War and survived the Second World War; it even preceded the creation of the United Nations itself; ILO was created in 1919. The MEF suggestions for the creation of the National Tripartite Forum and the National Wages Council are a step in the right direction. It will also lead to bipartite debates. The success of bipartism also implies the success of tripartism as well.

Azad JEETUN Director Mauritius Employers? Federation

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