Democracy and Political Governance 356. Chapter 3 Despite all this protection, there seems to be a tendency towards a charity or welfare model, rather than a rights-based one, to meet the concerns and welfare of disabled people to ensure the equal inclusion of disabled people in mainstream society. Trends in the disability movement, as reflected in the Convention on the Rights of Persons with Disabilities, oblige governments to empower disabled people to overcome the barriers that they face. Their legal and human rights are therefore essential. Migrant workers 357. 358. 152 Although migrant workers are referred to as foreign workers or guest workers in various sectors in Mauritius, they are also recognised as migrant workers. Therefore, the country celebrates 18 November as Migrants Day. Migrant workers are significant parts of the labour force in Mauritius, particularly in the textile, bakery, construction and hotel industries. There are approximately 35,000 migrant workers. Most of them work in the EPZ. The MLIRE (Employment Division, Migrant Unit) looks after the interests of migrant workers. However, trade unions reported that recruiting companies exploit many migrant workers. They pay high commissions to work in Mauritius. Once in the country, they face several socioeconomic challenges to their rights and welfare. Chapter 3 Best practice 3.3: Democracy and Political Governance The Migrant Unit of the MLIRE The Migrant Unit of the MLIRE has powerful regulatory oversight functions designed to protect the rights of workers. However, it lacks the capacity to ensure that workers are protected against exploitation. The unit inspects the workplaces of migrant workers to ascertain whether employers comply with local laws. It did more than 700 inspections in 2008. In terms of the Employment Relations Act of 2008, the unit vets the employment contracts of migrant workers before they are recruited. It is a sine qua non before the workers leave their countries of origin. The workers should know their terms and conditions of employment before they come to Mauritius. The unit conducts follow-up inspections to ensure compliance. It refers outstanding matters to the Industrial Court or to other authorities. Inspectors tell migrant workers about their rights and how they can contact the Migrant Unit. The office is open 24 hours a day. There is a full-time translator of Chinese languages to assist Chinese migrant workers. Contracts of employment, which the unit requires employers to sign with employees, cover the benefits that employers must provide to migrant workers. These include information on the hours of work, meal breaks, payment for overtime work, leave entitlements, protective equipment, gratuities, insurance cover, living conditions and costs of repatriation on termination of contracts or burial expenses in cases of death. 359. Inspections of the Migrant Unit focus on the 29 designated sectors to ensure compliance. The Employment Rights Act of August 2008, which came into force in 2009, the Employment Relations Act of 2008, and 30 regulations for each sector are the labour laws for a specific sector. Examples are the regulations that determine working conditions in the EPZ, the construction sector and the baking sector. 360. Most of the complaints the Migrant Unit receives are about conditions of employment. Examples are air tickets for returning home before contracts expire, shortfalls in wages and lack of accommodation. The unit refers the complaints it receives about accommodation to the chief sanitary officer in the Ministry of Health and Quality of Life (MoHQL). The unit takes remedial action by convening meetings between employees and employers to resolve matters. The unit resolves 95 per cent of cases that disgruntled employees refer to the Ministry of Labour, Industrial Relations and Employment. The unit refers outstanding complaints to the Industrial Court. In addition to the cases referred to the Industrial Court, noncompliance by employer companies may mean that work permits are not renewed. The unit refers cases of illegal employment to the Employment Division for action. Illegal workers may be repatriated. Labour laws apply to national and foreign workers. Migrant workers may also unionise and bargain for better working conditions. 153