Proposed Recommendations - Ministry of Labour, Industrial
Transcription
Proposed Recommendations - Ministry of Labour, Industrial
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 NRB 2015 Page 2 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: NRB 2015 Page 3 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). NRB 2015 Page 4 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. NRB 2015 Page 5 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 NRB 2015 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 Page 6 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). NRB 2015 Page 7 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 NRB 2015 Page 8 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. NRB 2015 Page 9 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 NRB 2015 Page 10 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. NRB 2015 Page 11 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: NRB 2015 Page 12 (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 -- NRB 2015 Page 13 (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. NRB 2015 Page 14 (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. NRB 2015 Page 15 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 NRB 2015 Page 16 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. NRB 2015 Page 17 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 NRB 2015 Page 18 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 NRB 2015 Page 19 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. NRB 2015 Page 20