ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Mauritius - Minimum Wages - 2009


LAST UPDATE

1 December 2009

SOURCES


Name of Act

Employment Relations Act 2008 of 19 September 2008, Act No. 32 of 2008, Government Gazette of Mauritius No. 95 of 27 September 2008

Name of Act

Additional Remuneration Act 2008, dated 7 August 2008, Act No. 22 of 2008

Name of Act

Additional Remuneration Act 2009 of 10 July 2009, Act No. 13 of 2009, Government Gazette of Mauritius No. 63 of 11 July 2009

Name of Act

Printing Industry (Remuneration Order) Regulations 1984, GN No. 178, as amended by Printing Industry (Remuneration Order) (Amendment) Regulations 2008, GN No. 239 of 2008

Name of Act

Factory Employees (Remuneration Order) (Amendment) Regulations 2008, GN No. 232 of 2008

Name of Act

Sugar Industry (Non-Agricultural Workers)( Remuneration Order) Regulations 1985, as amended by Sugar Industry (Non-Agricultural Workers) (Remuneration Order) (Amendment) Regulations 2008, GN No. 245 of 2008

Name of Act

Livestock Workers (Remuneration Order) Regulations 2008, GN No. 141 of 2008

Name of Act

Field-Crop and Orchard Workers (Remuneration Order) Regulations 2008, GN No. 48 of 2008

Name of Act

Tea Industry Workers (Remuneration Order) Regulations 1984, amended by Tea Industry Workers (Remuneration Order) (Amendment) Regulations 2008, GN No. 247 of 2008

Name of Act

Salt Manufacturing Industry (Remuneration Order) (Amendment) Regulations 2008, GN No. 243 of 2008

Name of Act

Export Enterprises (Remuneration Order) Regulations 1984, GN No. 191, as amended by Export Enterprises (Remuneration Order) (Amendment) Regulations 2008, GN No. 231 of 2008

Name of Act

Sugar Industry (Agricultural Workers) (Remuneration Order) (Amendment) Regulations 2008, GN No. 244 of 2008

Name of Act

Catering Industry (Remuneration Order) Regulations 2004 as amended up to Catering and Tourism Industries (Remuneration Order (Amendment) Regulations 2008, GN No. 225 of 2008

Name of Act

Employment Rights Act 2008 of 19 September 2008, Act No. 33 of 2008

Name of Act

Factory Employees (Remuneration Order) Regulations 2001, Legal Supplement to the Government Gazett of Mauritius No. 105 of 13 October 2001
click on this symbol to show or hide remarks

LEGAL DEFINITIONS


Employee/worker

Worker means a person who has entered into, or works under an agreement or a contract of apprenticeship, other than a contract of apprenticeship regulated under the Industrial and Vocational Training Act, whether by way of casual work, manual labour, clerical work or otherwise and however remunerated; includes a part-time worker; a former worker where appropriate; a shareworker; does not include a job contractor; except in relation to sections 4, 20, 30, 31 and Parts VIII, IX, X and XI, a person whose basic wage or salary is at a rate in excess of 360,000 rupees per annum.
Employment Rights Act § 2

Employer

Employer means a person, enterprise or body of persons, who or which employs a worker; and is responsible for the payment of remuneration to the worker; includes a job contractor; a person, other than another shareworker, who shares the profit or gross earnings of a shareworker.
Employment Rights Act § 2

Wage

Wages means all the emoluments payable to a worker under a contract of employment.
Employment Relations Act § 2

Minimum wage

Basic wage or salary means –
(i) in relation to an employee whose basic wage or salary is prescribed, such basic wage or salary, whether or not the employee’s actual wage or salary exceeds the prescribed wage or salary or the employee is remunerated on a piece rate basis or employed on task work;
(ii) in relation to an employee in respect of whom no wage or salary is prescribed or agreed upon in his contract of service, the total amount, by whatever name called, earned by him as from the appointed date;
(iii) in every other case, the basic wage or salary agreed upon in his contract of service, whether or not the employee’s actual wage or salary exceeds the agreed wage or salary or the employee is remunerated on a piece rate basis or employed on task work; and
(b) includes any previous additional remuneration granted under any enactment; but
(c) does not include any allowance, commission or other benefit not forming part of an employee’s wage or salary but given to him in addition to his wage or salary.
Additional Remuneration Act 2009 § 2

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

There is no national uniform minimum wage in Mauritius. The Minister of Labour sets minimum wage rates for workers in the private sector in industry wide Remuneration Orders. Prior to making a Remuneration Order, the Minister must refer the matter to the National Remuneration Board, which prepares a recommendation for fixing minimum wages to the Minister. The Minister may accept, reject or amend the recommendation.
The National Remuneration Board consists of a Chairperson, a Vice-Chairperson, a representative of the Ministry responsible for the subject of economic development, a representative of the Ministry responsible for the subject of industry, 2 representatives of workers, 2 representatives of employers and 2 independent members. The Minister of Labour appoints the independent members of the board and the representatives of workers and of employers.

The Minister may make additional regulations regarding additional remuneration of certain industries.

The Pay Research Bureau establishes wages for public sector workers.
Employment Relations Act §§ 90, 91, 93, 94
Additional Remuneration Act 2008 § 8

Minimum wage set through decentralized collective bargaining

Minimum wage rates may also be set in collective agreements. However, a collective agreement shall not contain a provision reducing the wages provided in remuneration regulations. Collective agreements may be extended to another employer if the employer and workers to whom the collective agreement is to be extended are engaged in the same activity and the extension of the agreement is desirable in the interest of uniformity of terms and conditions of employment and the terms of the collective agreements are not prejudicial to the viability of the enterprise concerned in the industry.
The collective agreement can be extended to a whole industry if the parties to the agreement represent a substantial proportion of the workers or of the employers in the industry, if the employers engaged in the industry are not bound by the agreement and if the extension of the agreement is necessary or desirable in the interests of uniformity of terms and conditions of employment in the industry.
Employment Relations Act §§ 57, 59, 60

Criteria


Needs of workers and their families

Yes, the interests of the persons immediately concerned and the community as a whole.
Employment Relations Act § 97

Cost of living

Yes - the need to promote decent work and decent living.
Employment Relations Act § 97

Level of wages and incomes in the country

Yes - the need to establish and maintain reasonable differentials in rewards between different categories of skills and levels of responsibility; the need to maintain a fair relation between the incomes of different sectors in the community.
Employment Relations Act § 97

Economic development

Yes, the need to increase the rate of economic growth and to protect employment and to provide greater employment opportunities
Employment Relations Act § 97

Productivity

Yes - to develop schemes for payment by results and, as far as possible, to relate increased remuneration to increased labour productivity.
Employment Relations Act § 97

Level of employment

Yes, to protect employment and to provide greater employment opportunities.
Employment Relations Act § 97

Capacity of employers to pay

Yes, the capacity to pay of enterprises.
Employment Relations Act § 97

Other provisions

The continued ability of the Government to finance development programmes and recurrent expenditure in the public sector; the need to preserve and promote the competitive position of local products in overseas market
Employment Relations Act § 97

Coverage


Scope

Minimum wages have been established in Remuneration Orders for workers in 29 industries and occupations in the private sector including: factory employees; domestic workers; field-crop and orchard workers; distributive trades; cleaning enterprises; catering and tourism industry; attorneys`and notaries`employees; cinema industry; security work; tailoring trade; tea industry; sugar industry (agricultural and non-agricultural workers); public transport workers; printing industry; office attendants; pre-primary school employees; light metal and wooden furniture workshops; nursing homes; newspaper and periodicals employees; private secondary school employees; salt-manufacturing industry; export enterprises; electrical enigneering and mechanical workshops; and road haulage industry.

Excluded categories


» Workers

Workers in an industry not covered by a Remuneration Order have no statutory minimum wage rate.

Specific minimum wage rates


» Specific minimum wage by occupation

Most Remuneration Orders set minimum wage rates that vary according to the worker’s occupation. Minimum wage rates are set in accordance with the worker’s grade, skill-level and seniority.

There are Remuneration Orders for the following occupations: factory employees; domestic workers; field-crop and orchard workers; distributive trades; cleaning enterprises; catering and tourism industry; attorneys`and notaries`employees; cinema industry; security work; tailoring trade; tea industry; sugar industry (agricultural and non-agricultural workers); public transport workers; printing industry; office attendants; pre-primary school employees; light metal and wooden furniture workshops; nursing homes; newspaper and periodicals employees; private secondary school employees; salt-manufacturing industry; export enterprises; electrical enigneering and mechanical workshops; and road haulage industry.

» Specific minimum wage by sector

Yes

» Specific minimum wage by region

Generelly no but the Export Enterprises (Remuneration Order) Regulations determine the minimum wage rates that apply to workers in export processing zones.
Export Enterprises (Remuneration Order) Regulations 1984 Schedule

» Minimum wage levels for specific categories of workers


» Trainees

Separate minimum wage rates have been established for apprentices or trainees in the following industries: public transport (buses); printing; catering; block making, construction, stone crushing; electrical, engineering and mechanical workshops; light metal and wooden furniture workshops; newspapers and periodicals; tailoring.
Public Transport (Buses) Workers (Remuneration Order) (Amendment) Regulations 2008, GN No. 241 of 2008, Schedule;
Catering and Tourism Industries (Remuneration Order) (Amendment) Regulations 2008, GN No. 225 of 2008, Schedule;
Block making, Construction, Stone Crushing and Related Industries (Remuneration Order) Regulations 2003, GN No. 70 of 2003, Schedule;
Electrical, Engineering and Mechanical Workshops (Remuneration Order) (Amendment) Regulations 2008, GN No. 230 of 2008, Schedule;
Newspapers and Periodicals Employees (Remuneration Order) (Amendment) Regulations 2008, GN No. 235 of 2008, Schedule;
Tailoring Trade (Remuneration Order) (Amendment) Regulations 2008, GN No. 246 of 2008, Schedule
Light Metal and Wooden Furniture Workshops (Remuneration Order) (Amendment) Regulations 2008, GN No. 234 of 2008, Schedule 1
Printing Industry (Remuneration Order) Regulations 1984 Schedule Schedule
http://www.gov.mu/portal/goc/labour/file/blockmakingro.pdf

» Youth

Workers between 15 and 18 years of age receive lower minimum wage rates than adult workers in the following industries: sugar; livestock; field crop and orchards; tea.
Livestock Workers (Remuneration Order) Regulations 2008 Schedule 1
Tea Industry Workers (Remuneration Order) Regulations 1984 Schedule 1
Sugar Industry (Agricultural Workers) (Remuneration Order) (Amendment) Regulations 2008 Schedule 1
Field-Crop and Orchard Workers (Remuneration Order) Regulations 2008 Schedule 1

» Disabled

The Supervising Officer may, on application made to him, grant a permit, subject to such conditions as he thinks fit, authorising the employment of a person at less than the minimum remuneration prescribed in regulations made under section 93 or under a collective agreement where that person, by reasons of infirmity or physical incapacity, is incapable of earning the minimum remuneration specified in those regulations or collective agreement.
Employment Relations Act § 96

» Piece-rate workers

In addition to the basic wage, rates for piece-rate workers as prescribed in the Cinema Workers (Remuneration Order) Regulations 2005, the Tea Industry Workers (Remuneration Order) Regulations 1984 or any other enactment shall be increased by 5.1 per cent from 1 July 2009 for workers earning up to 3,800 rupees per month, for workers earning between 3,800 and 12,000 rupees the increase will be 200 rupees.
Additional Remuneration Act 2009 §§ 2, 3 and schedule

» Other categories

The rates for cutting and loading of agricultural workers in the sugar industry as prescribed by the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983 are increased by 11.5% from 30 June 2008.
Additional Remuneration Act 2008 § 11

» Other categories

Part-time workers:
Every employer shall pay to a part-time worker not less than the basic wage or salary prescribed in any enactment or specified in a collective agreement. Where no basic wage or salary is prescribed in an enactment or specified in a collective agreement, every employer shall pay to a part-time worker not less than the basic wage or salary of a comparable full-time worker calculated proportionately on the notional hourly rate and increased by not less than 5 per cent.
Employment Rights Act § 23

Level


Minimum wage level(s) in national currency

2009:
158,77 Mauritian Rupees per day for a 5-day workweek (i.e. 3,437 rupees per month, for unskilled factory workers, 1st year) plus an additional remuneration of 175.28 rupees per month (5.1%)

2008:
158,77 Mauritian Rupees per day for a 5-day workweek (i.e. 3,437 rupees, for unskilled factory workers, 1st year) plus and additional remuneration of 278.39 rupees per month (8.1%)
Factory Employees (Remuneration Order) Regulations 2001 § 2
Factory Employees (Remuneration Order) (Amendment) Regulations 2008
Additional Remuneration Act 2009 § 3 and Schedule 2
Additional Remuneration Act 2008 §2, 3 and Schedule
click on this symbol to show or hide remarks

Rate of payment

Remuneration Orders fix minimum wage rates by the month, the week, the day and piece rates.

» Hourly

Only if agreed by the parties.
Employment Rights Act § 21

» Daily

Only if agreed by the parties.
Employment Rights Act § 21

» Weekly

Only if agreed by the parties.
Employment Rights Act § 21

» Monthly

Yes, every employer shall pay remuneration to a worker at monthly intervals, unless the parties agree to payments at shorter intervals.
Employment Rights Act § 21

Enforcement mechanisms


Labour inspection

The Ministry shall be responsible for maintaining a labour inspection service which shall administer and ensure the enforcement of the Employment Rights Act and any other enactment relating to labour or employment and bring to the notice of the Minister defects or abuses not specifically covered by this Act or any other enactment relating to labour or employment.
Employment Rights Act § 60

Fines in national currency for non-respect of legislation

An employer who contravenes a minimum wage regulation shall commit an offence and shall on conviction be liable to a fine not exceeding 50,000 rupees. Any prosecution shall take place before the Industrial Court.
Employment Relations Act § 95

Results generated on: 24th April 2014 at 13:51:26.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.