The labor act of Mauritius was first introduced in 2008 and came to the action on 2nd February 2009. The demand of this act was since the labor Act 1975 went obsolete. It was necessary to cope with the needs and demands of the modern employment environment. Such changes of work environment influenced the introduction of Act 2008
This article will shortly describe few commonly followed clauses from Employment rights Act 2008.
Employment and salary discrimination
Discrimination at work is an absolute no in the employment act of Mauritius. Such discrimination may include unequal treatment with different employees at work. This may also include discrimination at the field of color, ethnicity, race etc.
Equal salary for same designation in workplace
The act prohibits discrimination in the case of salary structures at same designation. The act says, employee on duty will get salary according to their designation. It is equal for employee with same qualifications and duty in the workplace.
Benefits during maternity
Female employee can enjoy a payed leave of 12 weeks during her labour periods. Although few formalities are there which need a consideration to get that facility.
The female employee must work for the company for at least 12 months. She should also need to place her medical report to be eligible for the leave.
According to the act a male employee can be eligible for five days of paternity leave. The applicant here needs to show enough evidence of medical conditions of his spouse. The evidence should also include legality of the marriage and date of birth of the child.
This program is beneficial for employees after their termination period from a workplace. The workfare program is giving allowance for at most 12 months, until the candidate gets a new job. The program refers this allowance as Government Transition Unemployment Benefit.
The labor act assigned two compensation skims for the employees. These are Severance allowance and Recycling fees. The compensation acts as gratuity upon the employee’s retirement for a fixed term.
Employee termination agreement
The act stated the process of terminating an existing employee if necessary. The employer, according to this act must aware the worker beforehand. The employer must give 30 days’ advanced notice to the employee if intended to sack that worker.
Violence at work
Violence at work is not allowed. Conducting or involving in such act result severe legal consequence. Nature of violence may include assault, harassment, verbal abuse, bulling, threatening etc.
Accused employee can face termination or police interventions if involved in such acts.
The clause mentioned that any workers can enjoy public holidays. This will not deduct regular daily payments. Sundays are regular holidays here. Employees can choose to work during holidays for overtime payments. He/ she can also work extra hours other than regular duty period for overtime payments.
Daily working hours
The Act have fixed the daily working hours for employees. This described that a full-time employee needs to work for 90 hours per two weeks. In average an employee has to work at least 8 hours a daily. He/ or she can extend the duty period only after completing 90 hours of active duty. These extra hours are overtime duty and an employee are eligible for extra payments for this.
An hour of meal break is mandatory after first fours of duty at any workplace. An extra 20 minutes of tea break is also allocated in the act.
A worker can take 15 days of sick leave once he/ she reach the 12 months of service maturity. This leave can add up to 90 days in 12 months of service duration.
Transport facility and allowances The employer should provide allowances if distance between home to work exceed 3 kms. Either employee has to provide transport facility or have to provide TA instead.