Mauritius garment maker out of style on migrant workers’ rights

Fashion Heights, an international franchise with over 40 stores on the island, which sells branded garments, shoes and accessories, is facing serious allegations of workers'-rights violations. These allegations arose after dismissed workers raised complaints with CTSP.

The CTSP, an IndustriALL affiliate, runs the Migrant Resource Centre in Port Louis. This centre is renowned for fighting for the rights of migrant workers from countries that include Madagascar, Bangladesh, India, and Nepal. Recently, they have also supported workers from the Philippines.

Dismissed, unpaid and forced to leave

On 9 January, the workers were dismissed during their probationary period. Their termination letters acknowledged obligations by the employer to pay final salaries, notice pay and outstanding overtime.

According to the CTSP, the workers have since left the country without getting paid, despite repeated follow-ups with the ministry. During their last days in Mauritius, the workers had no wages coming in. Moreover, employer-provided accommodation was withdrawn and workers were left to rely on friends and informal support networks for food and shelter.

Twenty other Filino workers continue to work under exploitation for fear of being forced to leave Mauritius and having their passports red marked. This red mark means they will not be allowed to visit Mauritius in the future. CTSP describes these violations as modern slavery.

Workers employed at Fashion Heights say they were routinely made to work between 10-12 hours a day. Hours rose to around 14 in mid-December when business was at its peak. They received no overtime pay for those extra hours, which is in breach of Section 24 of the Workers' Rights Act 2019. The complaints have also been taken to the ministry of labour.

Further, the workers say the company held onto their passports and identity documents, limiting free movement. Requests for annual and sick leave were refused or discouraged, contrary to Sections 45 and 46 of the same Act. Also, payslips were not provided, making it impossible for workers to verify whether their wages, which are subject to deductions for food and accommodation, were correctly calculated.

Complaints can lead to repatriation

The six workers formally lodged complaints. Several continued in their jobs for fear of losing income, accommodation and of jeopardizing their immigration status. One worker says she was told that complaining could result in repatriation and the loss of employer-provided housing.

Under the Non-Citizens (Employment Restriction Act 1973), a migrant worker's right to remain in Mauritius is tied to their employer. Losing a job can mean losing a home and a legal right to stay on the island. CTSP argues that this dependency gives corrupt employers an excuse to violate workers' rights that are protected by the law.

Reeaz Chuttoo, CTSP president said:

"It seems that labour standards exist only on paper for migrant workers. But the union will fight to make them exist in practice by campaigning for the enforcing of the Workers' Rights Act."

Paule-France Ndessomin, IndustriALL regional secretary for Sub-Saharan Africa added:

"Mauritius markets itself as a rule-of-law business hub. But this is not the reality for migrant workers. International and national labour standards must be implemented to end migrant worker exploitation."