The base law

Employment laws in Mauritius are defined as the Employments Rights Act. The Act lays the basics of Employment laws of the country and covers, in a global fashion, the basic rights of the employee and the employer. The Law is quite elaborate and provides information on applicable rules, obligations and right of both parties: the employer and the employee.

There are other rules and regulations, compiled under Remuneration Orders, to further complement and enforce, with precision, certain additional conditions based on the industry / activity sector of the employer. For instance, a watchman’s conditions of work may not totally be contained under the Employments Rights Act, being a global set of base rules that govern employment conditions. A watchman will be required to work longer hours and generally has a different working environment compared to an office secretary.

Enter the Remuneration Orders

As in the example of a watchman the general employment laws cannot respond to the varied and specific nature of certain jobs. The Remuneration Orders take care of specific aspects of certain job in certain industries.

There are 30 Remuneration Orders covering areas which cannot be under general rules. These orders should be consulted and always complied with by the employer regardless of the disposition of the main law.

It is good to note also that employees earning more than Rs30,000 are not TOTALLY governed under the Employments Rights Act, their contract of employment is more of a contractual agreement between two parties. The contractual relational is based on the contract of employment and even if it departs from the main law, the contract has the upper hand – with the exceptions to certain section.

To consult any Remuneration Order, click on the link

Remuneration Orders of Mauritius, 2018

The main areas under Remuneration orders

As the name suggests, the Remuneration orders provide for minimum wage scales for specific employment positions. As employer, one has the obligation to check whether his activity falls into any of these orders and thereby to comply with its prescription. Going against the order is going against Law.

They are ‘Orders’ after all and even specify that

Any agreement by a worker to relinquish his right under these regulations shall be void.

The title of Remuneration Orders may sometimes not be fully evocative or exhaustive in itself. Care should be taken to consult the definitions as contained in the order. For instance the CATERING AND TOURISM INDUSTRIES REMUNERATION REGULATIONS 2014 defines activities falling under its Remuneration Order as follows:

• a bar, café;
• a fast food outlet, restaurant for consumption on, or on and off, the premises, (with variation on number of covers + or – 40 covers)
• table d’hôte, (with variation on number of covers + or – 40 covers)
• a boarding house;
• a hotel (with variation on number of covers + or – 40 covers)
• inland tourists’ attractions, including domaines and recreational or leisure parks, with restaurants (with variation on number of covers + or – 40 covers)

A carpenter, for example, working for any company classified under this Remuneration Order will have a different set of rights as compared to a similar worker in a different industry.

Usual subjects and conditions falling under these orders are:

• Rate of pay and/or minimum salary
• Gratuity
• Normal working hours & breaks
• Extra working hours & extra pay in connection
• Transport benefits, allowances & facilities
• Occupation health & safety (uniforms & protective equipment, for example)
• Leaves

Mauritius has a well-developed legal framework and it always on the lookout to modern dynamics of employment. With the increasing influx of foreign labour (both at the skilled and non-skilled level), there are regular adjustments and fine-tuning. It can be quite a daunting exercise for an employer to stay updated on changes; more so when the communication of new orders or updates is not that effectively carried out by the authorities.

As a recruitment agency and specialist HR management services provider, our subsidiary company Talent Lab Ltd stands as your watchguard with regards to compliance with HR rules in Mauritius.

We provide our clients with updates on changes and help them stay 100% compliant at all levels. As your specialist partner in HRM we are able to provide a complete range of solutions with regards to talent acquisition and management.  Talent Lab is supported by other member companies of Gibson & Hills Group and therefore able to go the extra mile though extensive resources, which include:

• Business setting-up
• Fiscal and social registrations for employers & employees
• Immigration procedures for expatriate workers
• Call center support working beyond office hours
• Digital solutions for recruitment & HR management

Talk to us for any aspect relating to your HRM or more !

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