There are several laws that govern employment and labour in Mauritius, including: The Employment Rights Act 2008; The Employment Relations Act 2008; The Labour Act 1975; The Non-Citizens (Employment restriction) Act 1970; and the End of Year Gratuity Act 2001.
The constitution of Mauritius is also meant to guarantee certain rights and freedoms. It is entrenched in the constitution that there should not be discrimination by reason of race, place of origin, political opinion, colour, creed or sex, therefore employers are prohibited from discriminating between employees on these grounds.
Legal minimum wage rates
vary according to job category and years of service, and are fixed
periodically by the National Remuneration Orders for the various sectors.
Average wages paid in practice tend to be substantially higher than these
legal minimums, especially in the EPZ and construction sectors. Before the
Budget Speech' each year, the unions take part in tripartite negotiations
with the Government and the Mauritius Employers Federations (MEF), to decide
upon a cost of living adjustment to wage rates at national level.
Under the Labour
Act, a building in which an employee is required to perform work must be
provided with adequate lighting and ventilation and the employer must
provide sanitary conveniences, washing facilities, and facilities for
the taking of meals, at or near the place of work with.
Since its inception,
the Occupational Safety and Health Division (OSH) has been continually
striving to ensure, so far as is reasonably practicable, the safety,
health and welfare whilst at work of all employees and any person
entering the precincts of Ministries/Departments.
Notice of the
intention to terminate employment may be verbal or written. If a worker
has been in continuous employment with the same employer for at least 3
years, at least 3 months’ notice must be given. Shorter notice periods
are prescribed in every other case. If the employee is remunerated at
monthly or fortnightly intervals notice must be given at least 14 days
before .the end of a calendar month; if the worker is remunerated at
intervals of less than 14 days, the length of notice must be at least
equal to the interval at which remuneration is paid.
Terms of employment
in most sectors are normally governed by National Remuneration Orders or
by the Labour Act of 1975. Under the Labour Act, an employee may not be
required to work more than 8 hours per day, 6 days per week. The hours
of work for a "young person" (aged between 15 and 18) are 6 hours/day. A
young person must not be employed for more than 36 hours in a week (or
48 hours/week, in a shop).