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INTRODUCTION
There is general consensus today, that the industrial relations legislation, which dates as far back as 1973, needs to be reviewed in order to keep pace with the profound changes that have taken place in the labour market and the economy both at national and international level and also to establish an industrial relations system which would promote social progress and economic growth.
There have been several attempts to review the industrial relations legislation since 1983, but no consensus could be reached. A Select Committee was appointed in 1983 to make recommendations to Government in “relation of the repealing and replacing of the Industrial Relations Act as subsequently amended”. In 1990, a Special Law Review Committee, chaired by Mr H. Garrioch looked into a certain number of legislation, including the Industrial Relations Act (IRA). In 1994, a Trade Union and Labour Relations Bill was introduced in Parliament, but was not adopted. In 1998, the International Labour Office (ILO) submitted a Draft Labour Relations Bill, in the context of a labour reform project, but the then Government did not proceed with the Bill.
The wage determination mechanism, which is an integral part of the industrial relations legislation, has also been under review since the 1980s. Three reports have been prepared under the auspices of the ILO. In 1986, the report of Professors B.C. Roberts and C. Robinson examined the prevailing system of regulation of wages and industrial relations in the private sector. In 1994, the report of J. Arai recommended the establishment of a National Pay and Productivity Council. The trade unions did not agree with the proposal. In 1998, the report of Z. Shaheed proposed a Pay Advisory Council. Government proposed to introduce a Central Pay Organisation Bill in 1999 with a view to create a Pay Advisory Council, but the Bill was subsequently withdrawn. In 2002, Government commissioned a study on the wage determination by a Singaporean consultant, Professor Lim Chong Yah, who recommended the replacement of the existing wage determination body by a tripartite National Wages Council, the development of collective bargaining and linking wage increases to productivity. The report was rejected by the trade unions.
In 2000, the Government expressed its firm political will to review the industrial relations legislation. This was confirmed by the statement of the President at the Opening of the First Session of the Third Assembly in October 2000 that “a comprehensive effort for the modernisation of our labour laws will be undertaken comprising the replacement of the Industrial Relations Act” .
Subsequently, at the request of the Government, a legal expert from ILO, Mrs D. Rishikesh visited Mauritius in July 2001 and made recommendations relating to the ratification of Convention No 87 on Freedom of Association and Protection of the Right to Organise.
In June 2003, a technical committee was set up at the Ministry of Labour, Industrial Relations and Employment to examine all the previous reports and to review the