Section 34:

34. Closed shop agreement to be void (1) No employer shall enter into an agreement with a trade union of workers which purports to— (a) preclude the employer from engaging a person who is not a member of such trade union; (b) preclude the employer from engaging a person who has not been recommended or approved by such trade union; (c) require that one of the terms and conditions of employment of a worker shall be that the worker has to become a member of such trade union. (2) Any person who has been refused employment and who claims that the refusal was attributed wholly or partly to a provision in an agreement referred to in subsection (1), may apply to the Industrial Court for an order under subsection (3). [Issue 5] E9A – 22 Revised Laws of Mauritius (3) Where, on an application made under subsection (2), the Industrial Court finds that— (a) a provision in an agreement referred to in subsection (1) is or was in force; and (b) the refusal to employ the applicant was wholly or partly attributable to that provision, the Court may order the employer to pay to the applicant such sum by way of compensation as the Industrial Court thinks fit. PART V – COLLECTIVE BARGAINING Sub-Part A – Code of Practice