1. sports
2. fishing

NATIONAL REMUNERATION BOARD
REVIEW OF BANK FISHERMEN AND FRIGO WORKERS
REMUNERATION ORDER REGULATIONS
PROPOSED RECOMMENDATIONS
May 2015
NATIONAL REMUNERATION BOARD
REVIEW OF BANK FISHERMEN AND FRIGO-WORKERS
[REMUNERATION ORDER] REGULATIONS
PROPOSED RECOMMENDATIONS
1.
INTRODUCTION
On 16 February 2011, the Honourable Minister of Labour, Industrial Relations and Employment,
acting under Section 91 of the Employment Relations Act [ERA], referred to the National
Remuneration Board, the Bank Fishermen and Frigo-Workers [Remuneration Order] Regulations
for review. The Remuneration Order was last revised in 1997.
The Board invited interested parties to submit written proposals through notices which were
published in the Government Gazette on 17 December 2011 and in three dailies, namely: Le
Matinal on 14 December 2011, L’Express on 15 December 2011 and Le Mauricien on 16
December 2011. Written proposals were received solely from the Syndicat des Pêcheurs.
Given the fact that no written representations were received from the employers’ side, the
Board deemed it fit to write to some enterprises requesting them to submit written proposals in
connection with the revision of the Remuneration Order. However, the Board notes with much
concern that none of the enterprises responded to the said request and the Board had no choice
but to proceed with the revision exercise in the absence of representations from the employers’
side.
Following same, Public Hearings were held and the workers/representatives of workers deposed
viva voce before the Board to elaborate and support their proposals. The Board had the
opportunity, during the proceedings, to put questions to the parties and to seek clarification
regarding certain specific issues raised in their submissions. The parties were also given the
opportunity, whilst answering the Board’s questions, to provide any additional
information pertinent to the review and they reiterated their concerns regarding the sector.
After the Public Hearings, the Board undertook its fact gathering exercise: site visits were carried
out in selected enterprises by the technical team and investigation was conducted by way of
survey questionnaires. It is only during one of the site visits that one employer agreed to come
and depone before the Board.
The Board wishes to highlight that when the investigation exercise was under way, the Board
was reconstituted. The Syndicat des Pêcheurs (SDP) subsequently confirmed to the Board that it
stood by its previous representations. In the light of same, the written and oral representations
made before the previous Board were made to form part of the records before the present
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Board for the purpose of this review exercise. The negotiator for the SDP re-deponed on request
of a few newly appointed Board members.
2.
OBSERVATIONS
2.1
Facts and Figures
Bank fishing is carried out during a specific period of the year. As per the Ministry of Fisheries, all fishing
vessels are issued a license for a period of one year. This fishing season starts in September and ends in
August of the following year. The banks areas along the Mauritius-Seychelles ridge stretch from St
Brandon to Saya de Malha and around the Chagos Archipelagos. According to the Ministry of Fisheries,
the bank fishing locations under the territorial waters of Mauritius consist of Nazareth (23,875Km 2),
Saya de Malha (44,130 Km2), St Brandon (2,950Km2), Albatross (4,657Km2), Soudan (823Km2), Hawkins
(240Km2) and Chagos Archipelago (6,830Km2). Among them, St Brandon and Chagos have a depth in the
range of 0 to 35m each and Nazareth and Saya de Malha in the range of 0 to 100m each. According to
Statistics Mauritius, Soudan is the nearest bank with a distance of 200Km, while Chagos is the farthest
bank with 2100Km. Other banks cover a distance between 370Km and 1050 Km.
The total allowable catch, that is, the maximum catch allowed from bank fishery is 3800 tons per season.
The rationale for this practice is to ensure oceanic sustainability.
Furthermore, according to data obtained from the Ministry of Fisheries, the total catch varied over the
period 2009 to 2013. Same is illustrated in the table below:
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Catch of fish (wet weight)* and catch per fisherman per day (CPFD) from bank fishing activities for the
years 2009-2013
Year
Saya de
Malha (t)
CPFD
(Kg)
Nazareth
(t)
CPFD
Chagos (t)
(Kg)
CPFD
Total Catch
(Kg)
(t)
2009
1835
81.1
237
70.4
161
86.0
2679
2010
737
86.2
741
91.5
-
-
1774
2011
757
77.3
715
77.9
-
-
1766
2012
1006
63.6
275
58.6
-
-
1537
2013
929
78.5
610
90.1
-
-
1847
*wet weight = 1.2 x frozen weight
On average, it is found that the catch per bank fisherman per day is 78Kgs of fish over the period 2009
to 2013. Besides, the average catch for the period was 1921 tons. Same fluctuated over the years.
Moreover, production of fish from Nazareth bank and Saya de Malha bank was 275 tons (wet weight) and
1006 tons (wet weight) respectively in 2012. A decline in catch may be explained by unfavourable climatic
conditions and naturally high levels of variability in the population of marine creatures due to dynamic
environmental factors (such as ocean temperature) combined to make it arduous to discern the effects
of exploitation. However, the figures clearly indicate an under exploitation of the resources. The more
so that the allowable catch per season caters for twice the actual catch.
Fishing on the banks is practiced using hand lines in a “mothership-dory” system. A “mother” fishing
vessel usually takes between 45 and 60 days for a fishing campaign, and performs on average four to
five trips per year. The mother vessel carries 15 to 20 glass fibre dories, which are launched at sea once
the vessel reaches the fishing grounds. They fish at a depth of about 20-50 m within a range of 6 km
from the mother vessel. The dories return to the mother vessel either at mid-day or evening with the
day’s catch. The catch is gutted and gilled at sea on the way back to the mother vessel. Upon arrival, the
o
catch for the day is weighed, rinsed with seawater, blast frozen at -20 C and the next day, placed in bags
or kept in bulk in the fish hold on board the vessel (source: Albion Fishing Research Centre).
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2.2 Share in Gross Domestic Product
Gross Domestic Product is the sum of value added of all domestic product. It represents the aggregate
money value of all goods and services produced within a country out of economic activity during a
specified period, usually a year, before provision for the consumption of fixed capital. GDP at basic
prices is obtained as a difference between output and intermediate consumption whereby output is
valued at basic prices and intermediate consumption at purchaser’s price.
According to data provided by Statistics Mauritius, the value added from the sector kept decreasing
from 2009 to 2012. The sector experienced a fall in value added of 26.3% from 2009 to 2010. A further
decrease of 5.7% was faced in 2011. In 2012, value added went down to Rs 57.9 Mn, that is, 39.1% fall
compared to 2011. Nevertheless, the sector recovered in 2013 with an increase in value added of 23.5%
when same reached Rs 71.5 Mn. The share of GDP of the bank fishing industry was very insignificant
over the period 2009 to 2013. In 2009 the share of GDP stood at 0.1% and same converged to 0 over the
remaining years to 2013. With regards to growth rate of the sector, Statistics Mauritius has failed to
provide same as the bank fishing industry is a subset of the whole fishing industry and economic
indicators cannot be extrapolated to calculate the growth rate of the bank fishing industry.
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2.3 Employment in the Bank Fishing Industry
According to the 2011 Population Census conducted by Statistics Mauritius, employment in the bank
fishing industry kept falling over the period 2011 to 2013. A breakdown of same is given in the table
below.
Year
Other than
Large
Male
Female
large
Percentage
Total
change
2011
2200
600
2800
0
-
2800
2012
1400
300
1700
0
39.3
1700
2013
1000
300
1300
0
23.5
1300
Average Total
1534
400
1934
0
1934
Employment in the bank fishing industry, period 2011 to 2013 (Statistics Mauritius)
Data from Statistics Mauritius shows that this sector comprises of only male labour force. Employment
in both large establishments, that is, establishments employing 10 or more workers and other than large
establishments kept falling over the period 2011 to 2013. In 2011, total employment stood at 2800 but
same fell by 39.3% in 2012 where it reached 1700 and kept falling further in 2013 by 23.5% reaching
1300 workers. Overall, employment fell by 53.6% from 2011 to 2013. It is to be noted that stakeholders
in this industry indicate the existence of some 100 active bank fishermen only.
Employment by Age Group
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Year
Below 20
20-29
30-39
40-49
50 & over
2011
100
300
900
800
700
2012
100
100
600
600
300
2013
0
200
300
500
300
Average
Total
67
200
600
633
433
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Employment by age group (Statistics Mauritius)
On average, workers in the bank fishing industry are in the age range of 40 to 49 years, followed by
workers in the age group of 30 to 39 years. It is further noticed that the sector is very poor in terms of
young labour force.
Employment by actual hours worked during reference week
Year
0
1-23hrs
24-40hrs
41-50hrs
51hrs or
more
2011
300
700
900
400
500
2012
300
300
700
200
200
2013
200
300
500
100
200
Average
Total
267
433
700
233
300
Employment by actual hours worked (Statistics Mauritius)
2.4 REMARKS
1. Mauritius as a seafood hub
There has been a strong initiative by the authorities to promote Mauritius as a seafood hub in terms of
an efficient and attractive environment for the supply of value added processes and services related to
the sourcing and marketing of sea food products. The objective behind is to transform Mauritius into a
Seafood Hub for trading, warehousing, processing, distribution and re-export of fresh, chilled and frozen
or value added seafood products. The Mauritius Seafood Hub is a Joint Public Private Sector initiative for
policy action. It provides for a One Stop Shop service at the Trade and Marketing Centre (TMC) in the
free port area to facilitate the administrative procedures for loading/unloading/export of fish and fish
products. Access to the entire value chain of the Mauritius Seafood Hub includes fishing, transshipment,
storage and warehousing, light processing (sorting, grading, cleaning, filleting and loinning), canning,
and ancillary services (ship chandelling, bunkering, vessel husbandry, ship agency, ship building and
repairs). The policy hinges upon sustainable fisheries development and management and aims at
increasing revenue, maintaining employment, increasing local and foreign investment and ensuring
resource sustainability (Source: Ministry of Fisheries).
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However for such a reality to be possible, it is high time that the fishing methods in Mauritius are reinvented, both in terms of the way and the conditions in which bank fishing is undertaken. The bank
fishing industry in Mauritius needs to be modernised in all its aspects.
Fishing resources represent one of the biggest assets of the country. However the fact that it is not
properly and adequately exploited and coupled with an absence of prudent planning and support to
fishing communities, this sector is doomed to failure.
The fact that the economy has liberalized the importation of fish and/or processed fish also acts as a
hindrance to the development of the fishing industry. Is it not sheer paradox that the extensive
territorial waters of Mauritius remain underexploited compared to their actual production of fish and
other seafoods which exceeds by far the allowable catch?
2. Employment of foreign labour
The main concern of local workers in the bank fishing industry pertains to the employment of foreign
labour which is detrimental to them given that all workers in this sector are employed on a contractual
basis.
Employers aver having recourse to foreign instead of local fishermen, especially from the Malagasy
Republic in the ratio of 10:1, claiming that the former are more docile, organized and demonstrate
greater willingness to make the maximum both for themselves and the employers during a fishing trip.
Representatives of unions of local fishermen, without denying this behaviour and attitude of the
Malagasy fishermen allege that the main reason behind the preference for employment of the latter is
simply associated with the fact that they are paid a relatively much lower price than that fixed by the
regulations in force.
The Board, has during its investigation, come across a blatant fact; although the services of many
foreign fishermen are being hired, very few permits for this category of worker are being issued by the
authorities concerned; official records of the Ministry of Employment indicate that only 24 work
permits have been issued to such categories of workers for the period 2010 to 2014 .Does this imply
that these foreign fishermen and/or employers are operating illegally? The Board invites authorities
concerned to look into this aspect and take appropriate enforcement measures in view of addressing
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one of the major grievances of the bank fishermen. The Board therefore invites the Ministry of
Employment to find acceptable means and ways to regulate the employment of foreign labour in this
particular sector with a view to giving priority of recruitment to local fishermen and frigo workers.
3. Difficulties encountered:
(i) by workers
During their depositions, workers elaborated a lot on the ‘inhuman’ conditions of life on board a fishing
vessel. Corroborating the averments of the workers to the effect that no proper toilet facilities are
available for fishermen and/or frigo workers as opposed to the captain/sailors, officers of the technical
team of the Board did come across the famous metal structure which is affixed at poop deck of the
vessel which serves as toilet seat with direct discharge in the sea! As regards bathing facilities, workers
are provided with barrels of water on the deck and they have their baths there itself. Bathrooms appear
to be exclusively reserved for captains and sailors. The Board is of the view that an employer is free to
provide separate toilets/bathrooms for fishermen/frigo workers and captains/sailors but cannot deny
proper and adequate facilities altogether. The workers also complained of the quality of food and water
provided to them coupled with the extremely narrow and crammed dormitory facilities. While
conceding to the fact that one should not seek the comfort of a home in a fishing vessel, the Board finds
it inacceptable that basic conditions are lacking on board a sailing vessel. Given that the present
remuneration regulations already cater for such necessities, the Board considers that it is more a
question of enforcement of the legislation and invites the relevant departments of the Ministry of
Labour and also the Occupational Safety and Health section to look into the matter and take any
appropriate action.
(ii) by employers
Labour turnover is a major problem according to employers of this sector who aver that the community
of local fishermen is quite difficult to deal with. They come from a background where personal and
social issues are dominant, ranging from alcoholism to drug-addiction. Employers claim that it is
difficult cum impossible to establish discipline among such workers; most of them vanish after the first
advance payment made and never turn up on the date of departure; they are drunk on board and very
often are not fit for work on the following day; they even happen to force the return of the fishing
vessel prematurely feigning sickness. Those employers who acknowledged recruiting foreign workers
intimated that they do not have such problems at all with these workers.
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4. Contract of Service v/s Contract for Service
During the public hearing, the negotiator of the workers talked lengthily on the nature of the contract
which binds bank fishermen with their respective employers. It is agreed that the present conditions of
employment in this sector connote the existence of both a contract of service and a contract for
service. A contract of service relates to a person in employment; is an employee who is on the payroll
and is paid for his input, denoting a relationship of dependence and social subordination where as a
contract for service is related to a person who is self employed and who supplies his services to clients.
There are several factors which help to distinguish between an employee and a self employed:
(i) whether the task must be performed personally and/or under the supervision of the employer
(ii) the nature of the pay and benefits provided by the employer
(iii) who decides as to how the contact is to be executed, whether the work is to be carried out at a
specific place and during specific hours
(iv) the extent of financial risk borne by the individual
(v) whether there exists the principle of ‘mutuality of obligation’ between the employer and the
employee.
The purpose of the distinction is to attribute rights to people who work for others based on the
presumption that self employed people should be able to look after their own affairs and the work they
do for others do not carry with it an obligation to look after these rights. The contract for service
pertains to a temporary purpose even if it may last for years.
The nature of work in the bank fishing industry is very specific and cannot be compared to other
sectors so much so that it is in the best interest of all parties to preserve the fusion of these two types
of contract in so far as the terms and conditions of employment is concerned although there has been
a demand to review this aspect. The bank fishing industry is both capital and labour intensive. There is
a need for huge investment ranging from fishing equipment, vessel to provision of food, water,
medicine etc, coupled with the necessity to employ massive labour to run the ship: seamen, fishermen
and other auxiliary jobs such as cooks, base boys, mechanics etc.
Furthermore when a ship leaves the port, the odds that it returns with a hold filled with fish is not
predictable, the sea being itself beyond man’s control nor is there any guarantee of the completion of
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fishing campaign due to unforeseen circumstances such as unfavourable climatic conditions, injury,
sickness, mutiny etc. Investors and operators in this sector will undeniably expect high yields which will
enable them recover their costs and earn significant returns.
It is therefore, from this perspective, beneficial to both employers and fishermen to maintain payment
based on catch but at the same time cater for basic benefits which need to be ensured for the
fishermen.
3. RECOMMENDATIONS
After a thorough analysis of all pertinent and relevant information gathered from its investigation and
after having taken into account the specificities of this sector, in particular, the context in which it is
evolving and bearing in mind
(i) the principles laid down in Section 97 of the Employment Rights Act and
(ii) the spirit of the new labour legislations,
the Board has come up with the following recommendations which are duly transposed in the
Proposed Regulations at Annex 1:
3.1 DEFINITION CLAUSE
(i) ‘bank fisherman’ to be redefined as a fisherman who is engaged on a fishing vessel carrying out
fishing activities on the banks within the territorial waters of Mauritius, the exclusive
economic zone of Mauritius, the continental shelf of Mauritius and the areas where Mauritius
has traditional or historic rights under the Maritime Zones Act.
(ii) Earnings be amended to mean all emoluments in cash or in kind including
(a) basic wages
(b) remuneration earned according to catch and.
(c)
any allowance paid under paragraphs 1,10 & 11 of the Second Schedule.
(iii) the definition of fishing vessel to be removed.
(iv) Frigo-worker to be redefined as a worker employed on a fishing vessel and responsible for the
gutting , storing and freezing of the fish on the vessel.
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3.2. Allowances
Taking into account that the last revision of the Remuneration Order dates back to more than 17
years, the Board deems it fit to review the amount of the allowances as follows, the more so that
the price per catch also will be subject to a review:
(1) An employer shall pay to a frigo-worker -(a)
a fish bonus of Rs 48 for every ton of fish caught by the banks fishermen; and
(b)
a sum of Rs 445 for each day the employer is not able to provide work during the period the
fishing vessel leaves its port of departure to the day it returns to the same port.
(2) An employer shall pay to a patron pêcheur an allowance of Rs 1200 for each fishing trip.
(3) An employer shall pay to bank fishermen a sum of Rs 298 daily.
(a)
during the period it takes the fishing vessel to travel from its port of departure to the banks
and return from the banks to the same port; and
(b)
for each day on which the Shipmaster is of the opinion that due to climatic conditions,
fishing cannot be undertaken.
(4) In the event that bank fishermen also perform the duties of a frigo worker, the bonus specified
in sub-paragrapgh(1) shall be payable to them.
3.3. Pay interval
As regards the pay interval, representatives of the unions of workers requested that the advance
payment at the signature of the contract be increased to Rs 1000 and that the frequency of
payment to the worker’s named representative be on a more regular basis. On the other hand
employers very often complain of the workers vanishing after such payment. After due
consideration the Board recommends that the amount for the advance payment be maintained but
the frequency be revised. The Board therefore recommends as follows:
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(1) Subject to subsection (2), an employer shall grant to a worker an advance on his
remuneration as follows-(a)
Rs 500 on the date of the signature of the contract;
(b)
Rs 3000 to the worker's named representative 15 days after the sailing of the vessel;
(c)
Rs 3000 to the worker's named representative 30 days after the sailing of the vessel;
(d)
Rs 3000 to the worker's named representative 45 days after the sailing of the vessel.
(e)
Rs 3000 to the worker's named representative 60 days after the sailing of the vessel.
(f)
Rs 3000 to the worker's named representative 75 days after the sailing of the vessel.
(2) Every worker shall be paid an advance of Rs 1000 on his remuneration at the end of the
fishing trip and the balance due shall be paid to him not later than 4 working days of the
end of the fishing trip.
(3) The payment mentioned in sub-paragraph 1 above may be made through the bank account
of the worker’s representative or as otherwise agreed at the time of engagement.
3.4. Contract of employment
As regards the contract of employment, the union representatives requested that the contract
does not exceed 75 days, although the fishermen may agree to shorter periods of employment
which shall be specified in the agreement prior to embarking on the fishing vessel, on the condition
that they be guaranteed 60 fishing days basic salary.
The Board finds the first part of the demand reasonable and recommends accordingly. However
the Board sees no rationale in the guaranteed quota especially given the fact that there are several
short trips of 12-15 days which are undertaken by the operators.
The Board therefore recommends as follows:
(1) An employer shall provide to a worker a copy of his contract of employment at least one week
prior to the departure of the fishing vessel on a fishing trip.
(2) The contract shall contain, inter-alia, the following --
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(a)
the duration of the contract, the date of the coming into force and the date of termination
of the contract;
(b)
the hours of work to be mutually agreed by the employer and the worker;
(c)
the agreed remuneration;
(d)
the intervals at which remuneration is paid as indicated in paragraph 2.
(e)
public holiday rates of pay;
(f)
the date of the payment of the end of year bonus;
(g)
fringe benefits granted by the employer.
(3) The duration of a contract of employment shall in no case exceed 75 days.
4. Issue of pay slip
The Board makes no changes to this paragraph save and except that
(i) social security number in paragraph 4(a) be removed and replaced by National Identity Card
Number
(ii) paragraph 4 (d) be reworded as: his allowance on public holidays and on days fishing cannot
be undertaken and on days on sick leave.
5. Articles sold on vessels
In so far as articles sold on board of vessels are concerned, the Board recommends that no
alcoholic drinks are to be allowed on board the fishing vessel, the more so that employers claim to
encounter a lot of difficulties and risks associated with same. Furthermore the Board deems it fit to
regulate the amount of ‘credit facilities’ by the employers to the workers for the purchase of
articles on board the vessel.
The Board therefore recommends as follows:
(1) An employer shall attach to the worker's contract of employment a list of articles to be sold on
board of the fishing vessel and their corresponding prices.
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(2) A list similar to the one mentioned in subparagraph (1) shall be conspicuously displayed on the
vessel.
(3) The employer shall make readily available on board the fishing vessel, soft drinks, snacks and
other similar items.
(4) No alcoholic drinks shall be allowed by the workers on board of the fishing vessel. Any
alcoholic beverages found in possession of any worker shall be confiscated by the
Shipmaster.
(5) No employer shall allow credit facilities exceeding Rs 4800 to a worker for articles purchased
on board the vessel during a fishing trip.
6. Repatriation in case of illness
The representatives of the union demanded that :
(1)Where repatriation becomes necessary due to illness or injury of a worker, the employer shall
bear the costs of the repatriation, cause the worker to be transported to the state owned
infirmary on Agalega or St Brandon, whichever is nearer, or to any convenient vessel
making way to Mauritius.
(2) Repatriation through transfer to another vessel or through any Port in Madagascar, Seychelles
or Diego Garcia shall take place in such a manner that it meets all reasonable
requirements with regard to comfort. The employer shall be liable for the cost of
maintaining the worker ashore until repatriation takes place.
(3) A worker shall be entitled to repatriation at his employer's expense to the place of his original
engagement or home, whichever place is more convenient for the worker and advise his
family of the date of his arrival in Mauritius.
The Board considers the demand reasonable and recommends accordingly.
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7. Equipment and related items
In so far as equipment and related items are concerned, the Board has analysed the demands of
the workers and especially considering the difficult nature of their work and living conditions, the
Board recommends as follows:
An employer shall provide free of charge to a worker-(a)
all tools and equipment for fishing, except hooks and lines; and
(b)
life jackets and/or any other safety equipment such as ‘radio’ communicator and flare gun
(c)
one plastic container for fresh water and cutlery
(d)
accommodation of adequate size and standards including bedding and one mattress
(e)
a dory fitted with an outboard motor
(f)
3kgs of sinkers per day
8. Meals, tea and water
The demand of the workers regarding meals and drinks are as follows:
(a) an adequate breakfast, midday and evening meal comprising of the following cooked
ingredients as per the weekly menu affixed in advance on the notice board of the fishing
vessel -(i) rice (except du riz ration & rice sweepings)
(ii) meat, chicken or fish
(iii) at least one vegetable and/or pulses per meal
(iv) bread and tea, as appropriate
(v) bread, butter, jam, cheese, tea or coffee for breakfast
(vi) at least three litres of potable water daily
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The Board considers the above request to be justified and recommends that an employer shall
provide a worker daily, free of charge with all the above mentioned items pertaining to food and
drink
9. Insurance
During the public hearings, the workers elaborated a lot on the risky nature of their work and
requested for an increase from Rs 50,000 to Rs 200,000 in the non-contributory insurance cover in
their favour in case of death or injury by accident during the course of their work. The Board
acknowledges the risks associated with the activities of the fishermen and recommends that the
non contributory insurance cover be increased to Rs 150,000.
10. Sick leave
As already mentioned earlier, the fact that the price according to catch will be subject to a
review, it is deemed appropriate that the allowance due in case of sickness as well be revised.
The Board therefore recommends that:
(1)Where a worker is unable to work and has been certified to be sick by a medical officer who is
on board or in his absence by the Shipmaster, the employer shall pay to the worker an
allowance of:
(i) Rs 298 daily to the bank fisherman and
(ii) Rs 445 to the frigo-worker
(2) Where a worker is disembarked at any port or transferred to any other vessel at sea, owing to
sickness or for any other good cause, he shall be paid his daily basic wage until he has
been repatriated at the employer's expense to his home or to the place of his original
engagement, whichever place is more convenient for the worker; and
(3) Upon repatriation of a worker, the employer shall pay the above mentioned allowance
within a delay of 24 hrs from disembarkation of the worker.
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11. Work on public holidays
Similarly the Board recommends that the allowance payable on public holidays be reviewed as
follows:
Where a worker performs work on a public holiday, an employer shall pay to the worker, in
addition to his remuneration, an allowance of :
(i) Rs 298 to the bank fishermen in respect of the public holiday.
(ii) Rs 445 to the frigo–worker in respect of the public holiday.
12. End of year bonus
During the survey and interview exercise, workers discussed lengthily on the difficulties faced by
them in view of getting their payment of end of year bonus and especially the fact that no proper
safeguard appears to be provided in the existing Remuneration Order against such abuse on the
part of employers. The workers intimated the Board to remedy this situation in the smoothest
possible manner.
The Board, after analysing this persistent problem, recommends as follows
(1) An employer shall pay an end of year bonus to a worker not later than 4 days after the end of
the fishing trip.
(2) The end of year bonus shall be equivalent to 1/12 of the worker's earnings for the period of his
employment during the trip irrespective of whether he is in employment with the employer
as at 31 December or not.
13. Death grant
In so far as death grant is concerned, in a spirit of harmonization with recent Remuneration
Regulations, the Board recommends that:
(1) Where a worker dies (i) whilst in employment on board a fishing vessel at sea; or
(ii) while he is travelling by another vessel or by air to and from the vessel for repatriation
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purposes or as a result of marine or other similar peril,
the employer shall pay a death grant of Rs 3500 to:
(i) the surviving spouse of the worker, or
(ii) where the deceased leaves no spouse, the person who satisfies the employer that he
has borne the funeral expense.
(2) For the purpose of subparagraph (1), "spouse" means the person with whom the deceased
worker had contracted a civil or religious marriage and with whom he was living under a common
roof at the time of death.
4. OTHER DEMANDS NOT PRESENT IN EXISTING REMUNERATION ORDER
The representatives of the union of the workers requested that provision be made for rest days,
the setting of hours of work and the payment of overtime at the time of review. The Board
considers that such provisions would not be compatible with the nature of activities contemplated
and therefore makes no recommendations thereto.
5. PRICE OF FISH
Contrary to other Remuneration Orders whereby the minimum wage is to be reviewed, in
the present case, it is the price per catch by the worker which is subject to revision that is
the price which employers would pay for the fish caught by the bank fishermen. After
analysis of the trend in this sector and the various proposals made by the stakeholders, it
can be deduced that on average, revenue has been increasing over the years and everything
indicates that such a trend will be maintained in the future. The Board considers that an
increase in remuneration catch per dory of 3 fishermen will still be sustainable coupled with
management’s willingness to boost up revenue and control administrative expenses.
The Board has at the same time considered it appropriate to review the quantity structure
and streamline same in view of ensuring fairness. The Board has deemed it fit to fix the
price according to the quantity in kilograms as opposed to tons which is in fact the current
practice prevailing. During its investigation, the technical team also obtained confirmation
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from both fishermen and employers on the average catch per dory of three fishermen. The
approximate quantity per dory of 3 fishermen for a trip revolves around 9 tons, the
remuneration of which is shared equally between the fishermen. The latter and their trade
union representatives as well as the employers clearly intimated that the price of the fish
should be based on the catch per dory of 3 fishermen to avoid disputes among the fishermen
which often result in the case of payment on individual output.
The Board has also deemed it fit to recommend that the different allowances be inserted in
the First Schedule given the inconsistency which prevails in the application of annual
additional remuneration. The Board therefore has come up with recommendations
regarding the price per catch, the different allowances and bonus which it considers fair, just
and reasonable and which is transposed in the First Schedule of the Proposed Regulations at
Annex 1.
5.
ACKNOWLEDGEMENT
The Board extends its thanks to:
(i) all parties and other institutions or persons who, through their representations,
depositions and cooperation, have greatly contributed to help the Board reach the
present recommendations;
(ii) the members of the staff for their invaluable collaboration characterized by their
relentless effort, praiseworthy commitment and professional approach; and
(iii) the members of the supporting staff for their contribution in the recording of
minutes of proceedings and making same available for reference.
May 2015.
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