1: WEBTEXT/14235/64816/E92MUS01.htm
Mauritius. Labour Act, 1975
NATLEX database

MAURITIUS

LABOUR ACT

RL 3/315-30 December 1975

as amended to 1992


PART I-PRELIMINARY

PART II-AGREEMENTS AND REMUNERATION

PART III-HOURS OF WORK

PART IV-OTHER CONDITIONS OF WORK

PART V-INTERCROP ENTITLEMENT OF WORKERS IN THE SUGAR INDUSTRY

PART VI-TERMINATION OF AGREEMENTS

PART VII-JOB CONTRACTORS

PART VIII-REGISTRATION OF FACTORIES

PART IX-RECORDS AND PROCEEDINGS

PART X-LABOUR ADVISORY BOARD

PART XI-MISCELLANEOUS

First Schedule - Specified Local Authorities and Bodies

Second Schedule - Deduction Payments

Third Schedule - Certificate of Service

Fourth Schedule - Power to Make Enquiries


PART I - PRELIMINARY

1 Short title

This Act may be cited as the Labour Act.

2 Interpretation

In this Act-

"agreement" means a contract of employment, whether oral or written, implied or express;

"Board" means-

"child" means a person under the age of 15;

"continuous employment", subject to sections 34(2) and 35(3), means the employment of a worker under an agreement, or under more than one agreement where the interval between one agreement and the next does not exceed 28 days;

"contractor" means a person who employs a worker for the purpose of a public contract;

"Court" means the Industrial Court;

"designated year" means any year which the Minister may, by regulations, designate as such;

"employer", subject to sections 26 and 39(1)-

  • (a) means the person responsible for the payment of remuneration to a worker;
  • (b) includes a person, other than another shareworker, who shares the profit or gross earnings of a shareworker;
  • "factory"-

  • (a) means any premises with machinery on which, or within the precincts of which, persons are employed in the making, altering, repairing, cleaning, breaking up or adapting for sale of any article for the purpose of gain and over which the employer has the right of access or control;
  • (b) includes any premises on which-
  • (i) ships or vessels are constructed, repaired or broken up;
  • (ii) the business of sorting any article is carried on as a preliminary to the work carried on in a factory or as an incidental to the purposes of a factory;
  • (iii) the business of washing or filling bottles or containers or packing articles is carred on as an incidental to the purposes of a factory;
  • (iv) the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried on;
  • (v) the business of a laundry is carried on as an ancillary to another business or as an incidental to the purposes of a public institution;
  • (vi) the construction, reconstruction or repair of vehicles or other plant for the use for transport purposes is carried on as an ancillary to a transport undertaking or other industrial or commercial undertaking not being premises used for the purpose of housing vehicles where only cleaning, washing, running repairs or minor adjustments are carried on;
  • (vii) printing by letter-press, lithography, photogravure, or other similar process, or bookbindings is carried on by way of trade or for purposes of gain or as an incidental to another business so carried on;
  • (viii) mechanical power is used in connection with the making or repair of articles of metal or wood as an incidental to any business carried on by way of trade or for purposes of gain;
  • (ix) articles are made or prepared as an incidental to the carrying on of building operation or works of engineering construction, not being premises in which such operation or works are being carried on;
  • (x) bread, biscuits or confectionery are baked by way of trade for purposes of gain;
  • (xi) tobacco leaf is cured or otherwise made ready for manufacture or is manufactured into tobacco in any form;
  • "good and sufficient cause" includes-

  • (a) illness or injury certified by a medical practitioner;
  • (b) absence sanctioned by the employer;
  • "goods vehicle" has the same meaning as in the Road Traffic Act;

    "industrial undertaking" includes-

  • (a) mining and quarrying operations or other activities connected with mineral prospecting;
  • (b) the manufacture, production, assembly, installation, repair, maintenance, modification or destruction of materials or properties;
  • (c) ship building operations;
  • (d) the generation, transformation, and supply of electric power or other types of energy;
  • (e) the construction, extension, installation, repair, maintenance, alteration or demolition of buildings, airfields, tramway lines, harbours, dockyards, piers, inland water ways, roads, tunnels, bridges, drainage, water pipes, telegraphic and telephonic installations, electric gas or water works or other construction work including the preparation for or laying the foundation of any such work or structure; and
  • (f) such other undertaking as the Minister may by regulations determine;
  • "job contractor" means a person who-

  • (a) employs a worker for the performance of any work or service which he has contracted to do or provide for another person;
  • (b) recruits workers on behalf of another person in the course of that other person's trade or business;
  • "machinery" includes-

  • (a) boilers;
  • (b) prime movers and transmission gears;
  • (c) furnaces and storage tanks;
  • (d) vats, tanks and cooling or drying devices used in connection with the produce of any mechanical process;
  • "officer" means an officer of the Ministry of Labour and Industrial Relations;

    "partnership" includes any association or body of persons whether corporate or unincorporate;

    "pay period" means the period for which remuneration is paid under section 4;

    "Permanent Secretary" means the Permanent Secretary of the Ministry of Labour and Industrial Relations;

    "place of work" means a place where work is performed under an agreement;

    "prime mover" means an engine, motor or other appliance which provides mechanical energy from whatever source derived;

    "public contract" means a contract involving the expenditure of funds by the Government, a local authority or by a body specified in the First Schedule;

    "remuneration"-

  • (a) means all emoluments earned by a worker under an agreement;
  • (b) includes-
  • (i) any sum paid by an employer to a worker to cover expenses incurred in relation to the special nature of his work; and
  • (ii) any money to be paid to a job contractor, for work by the person employing the job contractor;
  • (c) does not include money due as a share of profits;
  • "severance allowance" means an amount calculated in accordance with section 36;

    "shareworker" means a person who-

  • (a) is remunerated wholly or partly by a share in the profits or gross earnings of the work done by him; and
  • (b) is not an owner of the main equipment used in the work he does;
  • "shift work" means work on which 2 or more persons are regularly and alternately employed at different times;

    "shop" means a place where any wholesale or retail trade or business is carried on;

    "shop assistant" means a worker employed in a shop in connection with the serving of customers, the receipt of orders, or the dispatch of goods;

    "stipulated hours" means the hours specified in section 15(1) and (2) or such lesser number of hours of work as may be specified in an agreement;

    "trade or business"-

  • (a) includes-
  • (i) the business of a barber or hairdresser;
  • (ii) the sale of refreshments or intoxicating liquors;
  • (iii) sales by auction; but
  • (b) does not include the sale of programmes and catalogues and other similar sales at theatres and places of amusement;
  • "transmission gear" means a device by which the motion of a prime mover is transmitted to or received by a machine or other appliance;

    "week" means a period of 7 consecutive days;

    "week day" means a day other than a public holiday;

    "worker", subject to section 26-

  • (a) means a person who has entered into or works under an agreement or contract of apprenticeship with an employer, whether by way of casual work, manual labour, clerical work or otherwise and however remunerated;
  • (b) includes a shareworker;
  • (c) does not include-
  • (i) a job contractor;
  • (ii) except in relation to Part VI, a person whose basic wage or salary is at a rate in excess of 30,000 rupees per annum;
  • "working day", in relation to a day which a worker may include in his attendance record for the purposes of Part V-

  • (a) includes-
  • (i) a public holiday on which he works;
  • (ii) a day on which he has been absent for good and sufficient cause; and
  • (iii) a day on which the employer was unable to provide him with work;
  • (b) does not include a day on which he is employed on task work unless-
  • (i) excluding any time allowed for meals and tea he has remained at work for a total of-
  • (A) 6 hours, or in the case of a young person 5 hours, on a week day other than Saturday; or
  • (B) 5 hours on a Saturday;
  • (ii) he has completed the task allotted to him; or
  • (iii) he has earned the minimum daily rate of remuneration in force or current in the sugar industry;
  • "young person" means a person, other than a child, who is under the age of 18.

    [Amended 8/82]

    3 Application of Act

    Subject to any provision to the contrary in any other enactment, this Act shall apply to every agreement.

    PART II - AGREEMENTS AND REMUNERATION

    4 Agreements

    (1) Subject to subsection (3), no person shall enter into an agreement under which remuneration is to be paid at intervals of more than one month.

    (2) An agreement which contains a provision inconsistent with subsection (1) shall to the extent of the inconsistency be void.

    (3) An agreement may be entered into for a specified piece of work.

    (4) Where a worker-

    the worker and the employer shall be deemed to have entered into an agreement.

    (5) Where the worker is required to perform task work, his employer or his agent shall, before the work is commenced, inform the worker of the nature of the task he is required to do each day and the rate at which he will be remunerated for that work.

    5 Capacity of workers

    Notwithstanding any other enactment, a person who is of the age of 15 or more shall be competent to enter into an agreement and shall, in relation to the agreement and to its enforcement, be deemed to be of full age and capacity.

    6 Liability for act or omission of another

    Notwithstanding any other enactment, no worker shall be bound by virtue of an agreement to answer for the act or omission of any other person.

    7 Employment of children and young persons

    (1) No person shall enter into an agreement with a child.

    (2) No person shall employ or continue to employ a young person-

    [Amended 28/86]

    8 Payment of remuneration

    (1) Subject to any express provision in the agreement, every agreement shall be presumed to be one under which remuneration is to be paid at monthly intervals.

    (2) No agreement shall contain a term as to the place at which, or the manner in which or the person with whom, any remuneration paid to a worker is to be spent.

    (3) An agreement which contains a provision inconsistent with subsection (2) shall to the extent of the inconsistency be void.

    (4)

    (5) Except in the case of a worker who is employed in a shop, no employer shall-

    (6) Where the Minister is satisfied that it is in the public interest so to do, he may by regulations, provide that such categories of workers as may be specified in the regulations shall be entitled to an additional month's remuneration in respect of the month of December.

    9 Remuneration in special circumstances

    (1) An employer shall pay to a worker-

    (2) Subject to section 30(1), an employer may, with the approval of the Permanent Secretary, require a worker to work temporarily for a time shorter than specified in the agreement and to accept a reduced remuneration.

    (3) Where a cyclone warning class III of IV has been issued and for so long as the warning remains in force, a worker may absent himself from work and the employer shall pay remuneration to the worker at the normal rate in respect of the period of absence.

    (4) No remuneration shall be payable to or recoverable by a worker for or on account of any period-

    10 Mode of payment of remuneration

    (1) Subject to subsection (2), every employer shall pay remuneration to his workers in legal tender.

    (2) An employer may-

    11 Payment of remuneration on termination

    (1) Subject to subsection (2), every employer shall, on the termination of an agreement, forthwith pay to a worker any remuneration due under the agreement.

    (2) Where the parties to an agreement are deemed to have entered into a fresh agreement under section 30(2), the employer shall, not later than 2 week days after the expiry of the previous agreement, pay to the worker the remuneration due under the previous agreement.

    (3) Where notice of termination of an agreement has been given under section 31, the employer shall, on the date of expiry of the notice, pay to the worker any remuneration due.

    (4) Where an agreement is terminated otherwise than by notice under section 31 or by expiry of the period for which the agreement was agreed to last, the employer shall, not later than 2 week days after the termination of the agreement, pay to the worker any remuneration due.

    (5) Where an agreement is terminated and at the time of termination the worker has not taken any leave to which he is entitled under section 21, the employer shall, in lieu of leave, pay to the worker the remuneration to which he would have been entitled if he had worked.

    12 Advance on remuneration and recovery

    (1) Subject to subsection (4), no employer shall advance to a worker more than 3 months' remuneration.

    (2) An advance of remuneration made in contravention of subsection (1) shall be irrecoverable.

    (3) No employer shall, for the purpose of recovering any advance made under subsection (1), make a deduction from the remuneration payable to the worker which exceeds one fifth of the remuneration.

    (4) The Minister may by regulations prescribe the conditions under which an employer may advance more than 3 months' remuneration to a worker.

    13 Deductions

    (1) Subject to subsection (2) and section 12, no employer shall make-

    (2) An employer may, with the worker's written consent, deduct from the remuneration of the worker and pay to any body specified in the Second Schedule any sum which the worker wishes to be paid to that body.

    (3) No employer shall make a deduction under this section which, together with any deduction authorised by any other enactment, exceeds one half of the remuneration payable to that worker for any pay period.

    (4) No person shall make any deduction from remuneration in the form of a direct or indirect payment for the purpose of obtaining or retaining employment.

    [Amended 54/84]

    14 Public contracts

    (1) No contractor shall be entitled to any payment in respect of work performed in the execution of a public contract unless he has, together with his claim for payment, filed a certificate-

    (2) Where the Permanent Secretary is satisfied that remuneration is still due to a worker employed on a public contract at the time the claim for payment is filed under subsection (1), he may, unless the remuneration is sooner paid by the contractor, arrange for the payment of the remuneration out of the money payable under the public contract.

    (3) Except with the written consent of the Permanent Secretary, no contractor shall transfer or assign a public contract.

    PART Ill - HOURS OF WORK

    15 Days and hours of work

    (1) Subject to subsections (4) and (5), no worker shall be bound to work more than 6 days in a week nor more than-

    (2) Where by his agreement a worker is required to work for 6 or more days in a week the worker may on one day of the week agreed upon between the employer and the worker, stop work after 5 hours' work and the employer shall pay to the worker a full day's remuneration in respect of that day.

    (3)

    (4)

    (5) A worker on shift work may be employed in excess of the stipulated hours, without added remuneration, if the average number of hours covered by a pay period does not exceed the stipulated hours.

    (6) Except where he voluntarily undertakes so to do, no worker shall be required to work on a public holiday.

    16 Overtime

    (1) Subject to subsection (3), where a worker works on a week day for more than the stipulated hours, the employer shall, in respect of the extra work, remunerate the worker at not less than one and a half times the rate at which the work is remunerated when performed during the stipulated hours.

    (2) Subject to subsection (3), where a worker works on a public holiday, the employer shall, in addition to the remuneration payable under the agreement, remunerate the worker in respect of any work done-

    (3) An agreement may provide that the remuneration provided for in it includes payment for work on public holidays and overtime where-

    covered by the remuneration are expressly provided for in the agreement.

    17 Meal and tea breaks

    (1) Subject to subsection (2), every employer shall, unless the worker and the employer otherwise agree, grant to a worker-

    (2) The break granted to a worker under subsection (1)(a)(i) shall, unless the worker and the employer otherwise agree, be taken before noon.

    PART IV - OTHER CONDITIONS OF WORK

    18 Transport of workers

    (1) No person shall, except with the Permanent Secretary's written consent, transport a female worker or cause a female worker to be transported in-

    (2) Where, at the time of entering into an agreement, a worker's place of work is more than 3 miles from his usual place of residence and the worker is required to work between 9.00 p.m. and 5.00 a.m., the employer shall provide the worker with transport or, where facilities of transport by bus are available at the time the worker is required to start or to cease work, a sum equivalent to the bus fare for the return journey between his usual place of residence and the place of work.

    (3) The Minister may, by regulations, prescribe the categories of workers to whom transport facilities shall be provided and the conditions under which such workers shall be transported.

    19 Privileges for female workers

    (1) A female worker may absent herself from work-

    (2) Any period of absence under subsection (1) shall-

    (3)

    (4) No break taken under subsection (3) shall be deducted from the number of hours of work of the worker.

    20 Sick leave

    (1) Subject to subsection (2) and (3), every worker who has been in continuous employment with the same employer for more than 12 months shall be entitled in every year to 21 working days' leave on full pay on grounds of illness.

    (2)

    (3) A medical certificate issued for the purpose of showing good and sufficient cause for absence from work shall not be valid in respect of any period in excess of 4 days before the day on which the person to whom the certificate relates had been examined by the medical practitioner issuing the certificate.

    (4) The employer may, at his own expense, cause a worker who is absent on grounds of illness to be examined by a medical practitioner.

    21 Annual leave

    (1) Every employer shall grant a worker who has been in continuous employment with him for 12 consecutive months 14 working days leave on full pay to be taken at such time as the employer and the worker may agree.

    (2) Where the employer and the worker are unable to agree as to when the leave under subsection (1) is to be taken, half of the leave period shall be fixed by the employer and the other half by the worker.

    [Amended 43/83]

    21A Additional leave

    Notwithstanding section 3 or any other enactment, every worker shall be entitled to two days leave in every year in addition to the annual leave, by whatever name called, to which he is entitled under-

    [Added 17/87]

    22 Medical facilities

    (1) Every person who employs 15 or more workers shall make appropriate arrangements for the medical and health requirements of his workers at work.

    (2) Where a worker has suffered injury or illness at work necessitating his removal to his home or to a hospital or other similar institution, the employer shall promptly and at his own expense provide an appropriate means of conveyance for the worker.

    23 [Repealed 34/88]

    24 [Repealed 34/88]

    25 Other facilities

    (1) [Repealed 34/88]

    (2) Where the Permanent Secretary or a Government medical officer is of opinion that no adequate arrangements exist to provide for the nursing of children of workers, he may, by written notice served on the employer, give such directions to the employer as he thinks fit.

    (3) An employer shall comply with the directions given to him by a Government medical officer or the Permanent Secretary under subsection (2).

    PART V - INTERCROP ENTITLEMENT OF WORKERS IN THE SUGAR INDUSTRY

    26 Interpretation of Part V

    In this Part-

    "employer", subject to section 27(1)(b), means an employer engaged in the cultivation of sugarcane whose total area of sugarcane cultivation, whether on one or more pieces of land, exceeds 25 arpents;

    "intercrop season", in relation to an employer, means the period intervening between the end of a harvest and the beginning of the next harvest;

    "remuneration regulations" means-

    "worker"-

    [Amended 54/84; 34/88]

    27 Entitlement to work during intercrop season

    (1) Subject to the other provisions of this section-

    and who reckon a number of working days which is not less than 55 percent of the number of working days during which the employer was harvesting his sugarcane crop.

    (2) The regular labour force of an employer shall consist of all the workers who were in his employment on the day preceding the commencement of the 1988 crop.

    (3) Every employer shall, where a vacancy occurs in his regular labour force or in his supplementary labour force, as the case may be, fill in the vacancy forthwith and give priority of employment to workers employed at any time by him.

    (4) Priority of employment under subsection (3) shall be determined, regard being had to the workers' record of attendance, total earnings and period of employment with the employer in that order.

    (5) Where a worker is entitled to be employed by an employer under subsection (1) or (3) he shall be employed on every week day.

    (6) Every employer shall, on or before 31 January of every designated year, submit to the Permanent Secretary, separate returns showing the number of workers in each category or grade, as the case may be, who have been employed by him pursuant to subsections (1) and (3).

    [Amended 34/88]

    28 Employment with alternative employer

    (1) Where an employer is bound under section 27 to employ a worker during an intercrop season, he may, subject to subsection (3), arrange for the worker to be employed by another employer, where adequate means of transport to and from the place of employment are provided for any part of the period during which the worker is entitled to employment.

    (2) A worker who, without reasonable cause, refuses employment with an alternative employer under subsection (1) on any day shall be deemed to have refused employment with his own employer on that day but shall not be otherwise penalised.

    (3)

    29 Worker's remedy

    (1) Where a worker who is entitled to be offered employment during an intercrop season is not offered employment or is offered employment for an insufficient period, he may refer the matter in dispute to an officer for settlement and shall be allowed the assistance of a representative of his trade union, if any.

    (2) Where a reference under subsection (1) does not result in the matter being satisfactorily settled, the worker may lodge a complaint with the Court and shall be allowed the assistance of a representative of his trade union, if any.

    (3)

    PART VI - TERMINATION OF AGREEMENTS

    30 Termination of agreement

    (1) Subject to any express provision of the agreement and to subsections (2) and (3), every agreement shall terminate on the last day of the period agreed upon or on the completion of the specified piece of work.

    (2) A party to an agreement, other than an agreement entered into for a specified piece of work, shall, on the termination of the agreement, be deemed to have entered into a fresh agreement upon the same terms and conditions as the previous agreement unless notice has been given by either party to terminate the agreement in accordance with section 31.

    (3) Where a worker is ill-treated by his employer, he may claim that the agreement has been terminated by the employer.

    (4) An agreement shall be broken-

    31 Notice of termination of agreement

    (1) A party to an agreement for a period of time may, except where he is prohibited by an enactment from doing so, terminate the agreement on the expiry of notice given by him to the other party of his intention to terminate the agreement.

    (2) Notice may be verbal or written and may, subject to subsection (3), be given at any time.

    (3) Subject to any express provision of the agreement, the length of the notice to be given under subsection (1) shall-

    32 Unjustified termination of agreement

    (1) No employer shall dismiss a worker-

    (2)

    (3)

    (4) Where a matter is referred to an officer or to the Court under subsection (3), the employer may not set up as a defence that the worker has abandoned his employment unless he proves that the worker has, after having been given written notice-

    requiring him to resume his employment, failed to do so within a time specified in the notice which shall not be less than 24 hours from the receipt of the notice.

    (5) Subsection (4) shall not apply in relation to a worker who has notified the termination of his employment in writing.

    33 Worker under notice of termination

    During the period when a worker is under notice of termination of agreement under section 31 the employer shall, on satisfactory proof of the purpose of the request, allow the worker who requests it reasonable time off, without loss of pay, to seek further employment.

    34 Payment of severance allowance

    (1) Subject to section 35, an employer shall pay severance allowance to a worker who has been in continuous employment with him for a period of 12 months or more where-

    (2) For the purposes of this section-

    [Amended 19/80; 17/83; 35/84; 54/84; 40/88]

    35 Exclusion of severance allowance

    (1) No worker shall be paid severance allowance where he is dismissed under section 32(1 )(b).

    (2) Where-

    on terms and conditions which are not less favourable than those of the former agreement, the worker shall not be entitled to severance allowance.

    (3) Where a worker to whom an offer is made in any of the circumstances specified in subsection (2) accepts the offer, he shall be deemed to enter the employment of the person by whom the offer is made forthwith upon the cessation of his employment with the first employer.

    (4) Where a worker is deemed to be in continuous employment in accordance with section 34(3)(c) and that continuous employment is terminated in circumstances in which severance allowance is payable, the employer in whose service the worker was employed immediately before the termination shall be deemed to be the employer during the whole of the period and shall be liable to pay severance allowance accordingly.

    (5) An employer who is liable to pay severance allowance under subsection (4) shall-

    36 Amount of severance allowance

    (1) Subject to the other provisions of this section and to this Part, the amount of severance allowance payable to a worker shall be calculated in accordance with subsection (2), (3) or (4) as appropriate.

    (2) Subject to subsections (5) and (7), where contributions are payable in respect of a worker under the National Pensions Act, the amount of severance allowance payable to the worker, in relation to the period during which the contributions have been paid shall be-

    (3) Subject to subsections (5) and (7), where no contributions are paid or required to be paid in respect of a worker under the National Pensions Act, the amount of severance allowance payable to the worker shall be-

    (4) Subject to subsections (5) and (7), where any exempt remuneration is payable to a worker, the amount of severance allowance payable to the worker for the period during which contributions under the National Pensions Act in respect of the worker have been paid by the employer shall be-

    (5)

    (6) Where a worker's remuneration is fixed at a rate calculated on work done or includes any sum paid by way of commission in return for services, his remuneration shall, for the purposes of this section, be computed in the manner best calculated to give the rate at which the worker was being remunerated over a period not exceeding 12 months prior to the termination of his employment.

    (7) The Court shall, where it finds that the termination of the employment of a worker employed in any undertaking, establishment, or service was unjustified, order that the worker be paid a sum equal to 6 times the amount of severance allowance specified in subsection (3).

    (8) Any severance allowance payable under this Act shall be paid on the termination of the agreement.

    (9) The Court may, where it thinks fit and whether or not a claim to that effect has been made, order an employer to pay interest, at a rate not exceeding 12 per cent, from the date of the termination of the agreement to the date of payment.

    (10) For the purposes of this section-

    [Amended 19/80; 17/83; 35/84; 40/88]

    37 Deductions from severance allowance

    (1) Any employer may deduct from any severance allowance payable-

    provided that in the case of the worker who retires under section 34(1)(c), the gratuity and pension specified in this subsection shall be deemed to be the gratuity and pension which would have been payable had the worker retired at the age of 60 under the National Pensions Act or any other fund or scheme;

    (2) Where a worker exercises an option to take a deferred or immediate pension in lieu of the repayment of past contributions, the amount of the deduction under subsection (1)(a) shall be calculated as though the worker has not exercised that option.

    (3) In this section, "fund or scheme" means any pension or provident fund or scheme, other than the fund established under the National Pensions Act, set up by the employer for the benefit of a worker.

    [Amended 44/76; 29/78; 19/80; 17/83; 35/84; 40/88]

    37A Termination of appointment under the Constitution

    (1) Subject to subsections (2) and (3), where an appointment is terminated under section 92 or 113 of the Constitution, the holder of the office whose appointment is terminated shall-

    (2) Notwithstanding anything to the contrary in any agreement, no gratuity or severance allowance shall be payable to the holder of any office the appointment to which is terminated under section 92 or 113 of the Constitution.

    (3) Where the holder of an office to which subsection (1) applies was, immediately before his appointment to that office, the holder of a public office or in employment with a statutory body-

    [Added 3/82]

    38 Termination of Contracts of Service Board

    (1) The Termination of Contracts of Service Board is established for the purposes of this Act.

    (2) The Board shall be appointed annually by the Minister and shall consist of-

    (3) The appointment of every member of the Board shall be published in the Gazette.

    (4) The Chairman and 2 other members shall constitute a quorum.

    (5) All acts, matters or things authorised or required to be done by the Board shall be decided by a simple majority of the votes of the members present and voting at that meeting.

    (6) At any meeting of the Board each member shall have one vote on the matter in question and in the event of an equality of votes the Chairman shall have a casting vote.

    (7) The Board may-

    (8) Any person whose attendance is required under subsection (7) who-

    shall commit an offence.

    (9) Subject to subsections (4), (5) and (6), the Board shall regulate its proceedings in such manner as it thinks fit.

    39 Reduction of work force

    (1) In this section, "employer" means an employer of not less than 10 workers.

    (2) Any employer who intends to reduce the number of workers in his employment either temporarily or permanently shall give written notice to the Minister, together with a statement of the reasons for the reduction.

    (3) On receipt of a notice under subsection (2), the Minister shall refer the matter to the Board for consideration.

    (4) Notwithstanding any other provision of this section, no employer shall reduce the number of workers in his employment either temporarily or permanently-

    whichever is the later.

    (5) Where an employer-

    he shall, unless good cause is shown, pay to the worker whose employment is terminated a sum equal to 120 days' remuneration together with a sum equal to six times the amount of severance allowance specified in section 36(3).

    (6) Where the Board finds that the employer's reduction of the number of workers in his employment-

    [Amended 19/80; 8/82]

    PART VII - JOB CONTRACTORS

    40 Issue of permit

    (1) No person shall work as a job contractor unless he holds a permit issued by the Permanent Secretary.

    (2) Any person who wishes to work as a job contractor shall apply to the Permanent Secretary for a permit.

    (3) On receipt of an application under subsection (2), the Permanent Secretary may, after making such inquiry as he thinks fit-

    (4) Any condition imposed under subsection (3) shall be endorsed on the permit.

    41 joint liability of employer and job contractor

    (1) Subject to subsection (2), a job contractor and his principal shall be jointly and severally liable for the payment of the remuneration of any worker employed by the job contractor.

    (2) The liability of the principal of a job contractor under subsections (1) and (4) shall be limited to the sum payable by him to the job contractor under the arrangement between them, or to the sum payable in respect of the time during which the workers employed by the job contractor have worked, whichever is less.

    (3) No person who is jointly liable with a job contractor under subsection (1) may set up as a defence to a claim from a worker seeking to recover remuneration the fact that he has already paid to the job contractor any sum due under the arrangement with the job contractor.

    (4) Subject to subsection (2) and Part VI, where-

    42 Remuneration to be a privileged debt

    (1) Subject to subsection (2), every worker employed by a job contractor shall, for securing payment of his remuneration, have the same privileges, in respect of the property of the principal, as he would have had if he had been directly employed by the principal without the intervention of the job contractor.

    (2) Any amount recoverable under subsection (1) shall not exceed the amount payable by the principal to the job contractor under section 41(2).

    PART VIII - REGISTRATION OF FACTORIES

    43-47 [Repealed 34/88]

    PART IX - RECORDS AND PROCEEDINGS

    48 Register of employers

    (1) Every employer who has 15 or more workers in his employment shall apply to the Permanent Secretary for registration under this Act.

    (2) Every application shall state the number of workers employed and the type of work they do.

    (3) The Permanent Secretary shall keep a register of employers.

    49 Keeping of documents

    (1) Every employer referred to in section 48 shall keep a register of workers, a remuneration book, and inspection report book and such other documents as may be prescribed and retain those documents for a period of 3 years.

    (2) Every employer shall-

    (3) Every employer shall, on request-

    50 Termination of employment certificate

    (1) Every employer shall, at the request of a worker who has terminated a period of employment of more than one month, give to the worker a certificate in the form specified in the Third Schedule.

    (2) No employer shall insert in the certificate issued under subsection (1) any particulars other than those specified in the Third Schedule.

    51 Power to make enquiries

    (1) The Permanent Secretary shall have the right to-

    (2) On the occasion of an inspection visit, the Permanent Secretary shall notify the employer or his representative of his presence, unless neither of them is present or easily accessible at that time.

    (3) The Permanent Secretary may take with him a Police Officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duties.

    (4) Any person who wilfully impedes or delays the Permanent Secretary in the exercise of any power under this Act or any other enactment listed in the Fourth Schedule, or fails to comply with the request of the Permanent Secretary in pursuance of paragraphs (e), (f), (g) and (h) of subsection (1) or to produce any books, registers or other documents which he is required by or in pursuance of this Act or any other enactment listed in the Fourth Schedule, to produce, or conceals, or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by the Permanent Secretary, shall be deemed to obstruct the Permanent Secretary in the execution of his duties under this Act or any other enactment listed in the Fourth Schedule.

    [Added 40/88]

    52 Power to summon

    (1) Where the Permanent Secretary-

    he may, by written notice, summon any person who he believes can give information relating to the subject-matter of the offence or inquiry to attend and produce any document which the Permanent Secretary may require.

    (2) Any person summoned under subsection (1) who-

    shall commit an offence.

    53 Complaint to the Permanent Secretary

    (1) A worker may make a complaint to the Permanent Secretary against his employer or any agent of the employer in respect of any matter arising out of his employment.

    (2) An employer or any agent of an employer who prevents a worker from making a complaint to the Permanent Secretary under subsection (1) shall commit an offence.

    PART X - LABOUR ADVISORY BOARD

    54 Labour Advisory Board

    (1) There shall be established, for the purposes of this Act, a Labour Advisory Board.

    (2) The Board shall consist of an equal number of public officers, representatives of employers and representatives of workers.

    (3) The members of the Board shall be appointed by the Minister for such period and on such terms and conditions as he may determine.

    (4) The appointment of every member of the Board shall be published in the Gazette.

    (5) The Board shall consider, and advise the Minister upon, any matter affecting employment and labour referred to it by the Minister, and shall exercise and perform such other powers and duties in such manner and subject to such conditions as the Minister may, by regulations, direct.

    (6) Subject to subsection (5), the Board shall regulate its proceedings in such manner as it thinks fit.

    PART XI - MISCELLANEOUS

    55 Offences

    (1) Any person who-

    shall commit an offence.

    (2) Any person who commits an offence shall, on conviction, be liable to a fine not exceeding 2,000 rupees and to imprisonment for a term not exceeding one year.

    (3) The Court may on the conviction of any person under this Act, where it thinks appropriate, make an order directing that person to comply with this Act within such time as may be fixed in the order.

    [Amended 40/88]

    56 Amendment of Schedules

    The Minister may, by regulations, amend the Schedules.

    57 Regulations

    (1) The Minister may make such regulations as he thinks fit for the purposes of this Act.

    (2) Any regulations made under subsection (1) may provide for-

    [Amended 19/80; 34/88]

    58 [Spent, not reproduced in Revised Laws of Mauritius 1981; amended 9/40/88, which is now spent].

    FIRST SCHEDULE

    (section 2)

    Central Electricity Board

    Central Housing Authority

    Central Water Authority

    Development Works Corporation

    Sugar Industry Labour Welfare Committee

    Sugar Planters' Development Fund Committee

    Tea Development Authority

     

    SECOND SCHEDULE

    (section 13)

    Central Housing Authority

    Export Processing Zone Labour Welfare Fund

    Mauritius Housing Corporation

    National Solidarity Fund

    Sugar Industry Labour Welfare Fund

    [Amended 54/84; GN76/87; GN203/89]

     

    THIRD SCHEDULE

    (section 50)

    CERTIFICATE OF SERVICE

    This is to certify that ..............................................................(1) of

    ................................. (2) was employed as .................................

    ............................ (3) with ............................ (4) from ...............

    ...................................... (5) to ...................................... (6)

    Date ....................

    ..................................

    Signature of employer

    (1) Name of worker in block letters

    (2) Address of worker

    (3) Position held by worker

    (4) Name of employer

    (5) Date of commencement of agreement

    (6) Date of termination of agreement

     

    FOURTH SCHEDULE

    (section 51)

    Additional Remuneration Acts

    End of the Year Gratuity Acts

    Export Processing Zones Act-section 14

    Industrial Relations Act

    Passenger Transport Industry (Buses) Retiring Benefits Act

    Sugar Industry Retiring Benefits Act

    Workmen's Compensation Act

    [Added 40/88]



    ILO Home International Labour Organization
    NATLEX database
    Disclaimer
    infonorm@ilo.org