Mauritius employment laws & regulations, an overview

Every foreigner who wants to relocate or invest in Mauritius has the duty to understand the laws and rules in force in the country.  Even if many can afford the support of professionals in the fields, some basic knowledge still remains important. We are launching a series of short articles on our blog to help our readers understand the laws (and the spirit of law) which are related to the setting-up & operation of business in Mauritius. This series will include, amongst others: company law, accounting rules, tax rules and employment.

We start our series with the last topic: employment.

The authority

The Ministry of Labour, Industrial Relations & Employment is the supreme authority which regulates labour laws in Mauritius. The ministry operates several departments, each one specializing in a particular aspect of employment: operational health & safety, labour law, employment of foreign nationals, licensing of recruitment agencies, etc.

The head-office is found in Port Louis (where else?) – but several sub-offices are operational in various regions of the island.  These sub-offices offer a number of services to employers & employees and were created to avoid overloading the head-office.

The Laws

The Employment Rights Act is the main law that governs employment in Mauritius.  The Law itself is not heavily loaded with legal and technical jargon. It is written in a rather accessible language and allows the nonprofessionals to at least understand the fundamentals.

It is to be noted that the Employment Rights Act is not the only reference that needs attention. Employers need to consult Remuneration Orders issued by the Ministry of Labour, Industrial Relations & Employment. Remuneration Orders set out the additional rules of employment in industries operating with specific needs. For example: hotels, tourist’s entreprises, shops, call centres, etc. These businesses operate specific working hours and therefore turn to Remuneration Orders of their particular industry to determine, for example, how overtime is calculated or paid, shift systems & mandatory rest periods, after-hour transport obligations, meals & other allowances – and other specific issues.

Employment, an overview of the main points

  • Intervals between two salary payments shall not exceed 1 month.  No agreement is valid if it mentions an interval exceeding 1 month. Employers and employees may enter into agreement for pay intervals of less than 1 month
  • Working hours: 8 hours of effective work per day – except for those working on a part-time basis and for watchmen.  For the latter, 12 hours of effective work per day is recommended by Law.
  • Overtime should be on mutual agreement (employer & employee). On expected future overtime, the employer has the duty to give a 24 hour notice to his employee (wherever possible) and the latter may refuse to attend such overtime work, with a 24 hour notice.
  • A worker performing on a public holiday earns twice his hourly rate for each hour worked on that day.
  • For each 4 hours of work, an employee has a right to 1 meal break of 1 hour AND to 1 tea-break of 20 minutes Or 2 tea-breaks of 10 minutes each.
  • No discrimination: employees of the same category, working on the same hours should be paid on an equal basis.
  • The right to payslips cannot be discussed – it is mandatory!
  • No deductions are allowed on salary, save and except those mentioned in the Law. In case of refund of advance salaries, the employee needs to give his consent in writing and the refunds shall not exceed one-fifth of the monthly salary.
  • Maximum deduction (in any case) shall be less than 50% of the salary payment
  • Employers cannot apply financial sanctions (fines) to employees for negligence or damage to equipment.  Employers cannot apply any interests or financial charges on advances made to employees.
  • The cost of transport shall be borne by the employer and refunded to the employee if the permanent place of residence of the latter is more than 3kms from the place of work. If called to work after normal working hours (where public transport is not available), the employee has the right to a free transport means from his employer, irrespective of the 3kms distance
  • The right to leaves (annual, sick, maternity and paternity) is opened to the employee after 12 months of consecutive employment
  • Annual leave: 20 days + 2 additional days.
  • Sick leave: 15 days.
  • Maternity leave: 12 weeks (with an option of 6 weeks prior to confinement). Breast-feeding female workers have the right to two breaks of 30 minutes each or to one break of 1 hour per day, over a period of 5 months following confinement or over such periods as may be medical advised.
  • Paternity leave : 5 consecutive days.
  • Any employer, employing more than 10 persons should cater for medical facilities on-site.
  • The employer has the duty to provide transport facilities to any employees suffering from accident on his place of work.

National pensions funds & training levy

The maximum salary on which pensions funds & solidarity fund contributions are calculated : Rs12,640

-       The employee pays 3% (National Pensions Fund) + 1% (National Solidarity Fund)

-       The employer pays 6% (National Pensions Fund) + 2.5 (National Solidarity Fund)

-       Training levy is paid by employer at the rate of 1.5% on the actual salary (not the maximum of Rs12,640). This training levy gives right to a refund of costs of training spent on training schemes approved by the government.

We have, in this article, highlighted the main points of labour law and regulations of Mauritius.  Readers will understand that it is impossible for us to cover all the laws in this short article.  We therefore make ourselves available to answer your queries by email (nadeem@gibsonandhills.com)

Nadeem

www.gibsonandhills.com

64 thoughts on “Mauritius employment laws & regulations, an overview

  1. I am a Director of a Company with a 51% share. My partner and myself are splitting and I will be opening up my own Company. We have been together for two years. Does the existing Company owe me two months wages and 30 days notice ?
    Kindly advise

    • Hello Vincent

      Well, it all depends on your legal position in the company. If you have been earning salary for the past years, as an employee (irrespective if you are a director or not) & the company is paying your PAYE & NPS – then you are qualified to be treated under the labour laws applicable. You can be a director but this does not necessarily mean that you are also an Employee. You can be director in several companies but can only be an employee in one. Your question can be answered in the affirmative only if you are an employee.

      A director, when resigning, does not need to give 1 month notice, unless this is specified in Constitution of the company, if you have adopted one. Else, once the Board of Directors and/or shareholders have accepted the resignation, you are free to go.

      I hope to have answered your question. Should you need any further information, please do not hesitate to contact me on nadeem@gibsonandhills.com or on 465 5777.

      Regards
      Nadeem

  2. Then again, if your employer agrees that you give a shorter notice, it’s fine. But the question of outstanding salary, in my experience, will be closely linked to the terms and conditions of your departure, precisely the notice period. If the employer and employee have mutual agreement, then it’s ok. You can negotiate. Best of luck!

  3. Hello

    Actually I am working in a Chinese company as driver. According to them I should be a work at 7hr30 till 5pm Monday to Friday and Saturday 7hr30 to 11am.
    I already make one and half year they have not yet tell me if I have Local leaves and Sick leaves.
    So, what advise would you give because I don’t want to have trouble with the company.

    Thanks in advance.

    Best Regards

    Ansley

    • Dear Ansley

      Thank you for visiting our blog.

      With reference to your question, we would like inform you as follows:

      – if you have worked for more than 12 months for your employer, you are entitled to local and sick leaves.
      – you should be holder a duly executed and signed contract of employment which stipulates the above and any other working conditions.

      You need to raise the issues in a polite manner with the HR department of your organization.

      The hours of work, in our opinion, is quite lengthy. Have you any conditions such as overtime, proposed by your employer?

      We remain at your service, should you require any additional information / guidance.

      All the best
      Nadeem

      • Hello

        Thank you for your prompt response.

        Concerning the condition of overtime they do not pay me for it.
        In my interview before I enter the company we were agreed on a net salary such as 11,000 MUR.
        Now they pay me my salary 7000 + allowance 4000. Do they have the right to do this??
        And the worst they do not refund me my travelling.

        Please guide me to chose the right decision because I don;t want to have trouble with my hierarchy as you know.

        As you advise me before to raise the issues to the HR department of my company. So, before I go to see the HR I went to see my manager to show him the Mauritius employment laws & regulations which I got on your website. He told me that it is not me who should go to discuss this issue to the HR Department, he will go to talk about this with them and he is afraid that I can get trouble with the board of direction.

        Thanks for all.

        Kindly

        Ansley

  4. i need some helps it’s about my ex- company they don’t respect the law and regulations.Even to go to the toilet we have to write our names and the times in a book. ridiculous!please help me.
    Thank
    karen

  5. Hello,

    I just received a letter informing me of my redundancy. Am I entitled to compensation?
    You should know that the company hired an investment plan (funded by the MGBs!).

    Regards

  6. Hello,
    I need some help it ‘s about my salary issues:
    First of all,am working here as an expat,and I’ve been employed as a professional one.The company at the fist paid me Rs 30k , however i signed a contract which as law they have to paid me Rs 80k plus meal & travelling allowance and accommodation but unfortunately they never given me a copy of the contract and i could not claim it , this was for almost 1 year like that and then they increase my salary to Rs 60k for the second year which i was working for the company.and then the company was closed and open an office which is sister of ex-company and they made a new contract as basic Rs 60k plus travelling allowance.

    then I needed to renew my work permit and change the company name which i employed , then i could get the first contract as basic Rs 80k & i have to say they even didnt pay for tax deduaction for rs 80k and they just been paid for the amount whic really they paid me, then they have to paid the rest & they just said to MRA which they maid mistake and they paid the rest and i got my work permit.

    Now my question is ,is there any way for me to claim the unpaid part of my salary in 1th year working.?

    Second issue is they deducated my salary NPS EYEE/PAYE/NPS EYER WHICH IS ALMOST 14K deducation which is almost two times more that other staff with same basic salary.also the car benefit & house benefit include my salary , however this not include for who ones they are getting same benefit from the company.

    Thanks to advise and give me more info ,if this s the right or not and if not how should i claim all these?

    Third question is for the annual refund which has been paid on Dec normally why the PAYE again became twice, almost 20k deducation. is that normal?

    And at the end I need to have some more info for local leave/sick leave , to whom is legal to refund & how many days are? is this include if you used that or not?

    Regards,
    adam

  7. I have worked for a company for two months – after which the Owner and CEO invited me for 7 days to spend a vacation at his home in Europe. Is this legal if he has invited me. Does it mean that I first have to work for 12 months before I can take any days leave? Also the company closed for a few days in December, does this get deducted off my leave?

    • Hi Patty

      It is legal to be invited …. Many of us would love to be invited by our CEO abroad :-) whether they deduct that from your leaves or not will depending the decision taken before the event. Did y ask your management permission to leave ? Is there a leave policy and procedure to take leave in your company. What is your CEO prerogative as regards leave ?

      I think he can intervene to determine how to record the event. It shows that you have very close relationship with him …only after 2 months of work, brilliant!

      Normally you have to work your 12 month to get full leaves.

      If company closed in December then your leaves shall not be counted in that. You may be willing to work but the door being closed, you cannot work …so it shall not be accounted on you

  8. Hi
    Need your help to know ,my friend work in a well known shoes shop as salesgirl just wanted to know her working hours and what additional work is included I mean cleaning of the shop and outside windows removing of dead rat in store also waiting for shopkeeper balancing their cashier if we are in a free transport waiting for them more than one hour without overtime. They told her only 30 mins break. Need a complete law and regulations for a salesgirl what should be done and what should not be done
    Thanking you in advance
    Mirza

    • Mirza

      Your comment contains confidential information. Thus I would invite you to contact me through email at nadeem@gibsonandhills.com

      I’ll be glad to provide you with the required advice & information.

      To note that you should consult both the labour law and the Remuneration Orders applicable to Distributive Trade. I understand your questions pretty well as they are very classical to the shops environment.

      Send me an email, I’ll gladly attend to your questions.

      Regards
      Nadeem

  9. hi nadeem.
    i would like to know some of law for textile sector.
    recently i have to come read there are 16 local leave and 21 sick leave in the employment right act . but till the first date i am working in a textile factory up till now why there are only 14 local and 18 sick.
    thanks for you comments

  10. Hello Nadeem,

    I would be grateful if you could help me. I have been working for a company since the last few months. But we don’t get a payslip nor did we get any letter/contract saying that we work for the company. And if tomorrow the company decides to kick us out of the job, what can we do?

    merci d’avance.

    • Jack

      Contracts (letter of Employment, alternatively) & payslips are mandatory. Not providing these is a contravention under the Laws.

      You can always do something if you’re kicked out…but it’s always more complicated without papers.

      Regards
      Nadeem

  11. Hello Mr Nadeem

    My name Is Bertrand Phelines,

    I am working in a 3 Star hotel in the North Of Mauritius,I am a Chef de Partie,and I will like to have some advice,I want to Know When A Chef do a roster,When does it start (from which date) and End,is the company(Hotel) allowed to start a Roster on Examples:24 Feb to 4 April??and can they give You only five days off???and when You ask for answer they told You the Roster have been made on following of the Payroll,does A company(hotel)have the right to Deal a Package with a worker and ask the worker to work like 5 Morning and Evening Shift Monthly??and so if the worker is working on Public Holiday and Working and On Sunday ,The worker is not getting Pay Overtime??We are in 2014 March right Now. I hear that the Law has voted on the Hours of Working,is it true???I think Law must be respected by the employers,Cause without Laws its a Catastrophe,There is abusing of the small workers,please respond to me on ( j.phelines@yahoo.com)and on here so that everyone Can get to know about it how it work,

    Is a Company allowed to make You a package and so he don’t pay overtime and Morning and evening shift (13-14 Hours a day) and on Sunday working,In hotel How many Sunday for The Employers and How many for the workers??what I’ll also want to Know,The Company(hotel) Transport after midnight goes at 00:15 Am everyday,Now some time I must come in the morning like 00:00 Am,now when its goes its take like 35 mins from the hotel to my place its 00:50 Am,Now I pick up the Hotel transport at 06:20 Am to arrived at the hotel at 06:55 Am,are they allowed to do that??,from 00:50 Am to 06:20 Am, There is 7 hours and 5 Minute,,Please advice Me on it,Cause Now us small workers,we are becoming like a Slaves

    • Hi Asmita

      Study leave does not really exist as a Law – but applied as a policy by some organisations.

      I remember getting leaves on my study and then even salary increase on being successful at the exams.

      Regards
      Nadeem

  12. hi,

    Actually, I work as a handy worker in District council so I get a nice wages, by the way I do some work part time means the client come to district council I proposes them to do house plan with me. I have done this many years I have create a very nice marketing at district council. So i would like to know if it is illegal or not I take money with client personally and do there house plan.

    Thanks in Advance.

    • Dear Ajay

      Normally civil servants are not allowed to take second employment. In any case, I don’t see any employer accepting that their workers take visiting persons for their personal work and remuneration. This practice may cause you problems. You can’t use the District Council premises to market your services. It is illegal.

      Kind regards
      Nadeem

      • Thanks, Nadeem

        I would like to know if there is a law for this that can help me. Actually I’m a Draughtmanship doing house plan and there is many officers in district council doing this job illegally so I have my right to stop them.

        Thanks in Advance

  13. Hi,
    I worked for a prestigious company for more 3 and a half years. I opted to resign for a better offer. Normally my notice period is of 1 month. My question is : should they legally consider the payment of all my sick and local leaves for this year?

    Kindly awaiting your reply,
    Patrice Desvaux de Marigny

    • Dear Patrice

      Thank you for your comment. Your question depends on the policy applied by the Employer. There is no specific regulations with refund of local and sick leaves. Each company applies its own policy. I don’t think, in any case, that Employers are favourable to such refunds when it comes to resignation.

      You might want to raise the questions with your Management.

      Regards
      Nadeem

  14. Hi Nazeem,
    It’s nice to know that someone can advise and help the population in their misery?
    By coincidence, searching some info on Labour Acts, I’ve found you…wouwh! I need your precious help and advice.
    Well, my question is about a work contract I have sign with the Co. I am working for, so far 4 years in Tour Operators.

    The job contract that I have signed stipulate ;”If your contract of employment is terminated by yourself after your probation time, you shall not take any job with similar ‘type of work’…sorry, I have to change the wording…for a period of one year and …should not contact any clients bla… bla… in a period of two years ? Part of the contract says ; Info & loyalty…bla…bla..I may be required to sign up a ‘non-disclosure agreement with my co. ( about info,clients, transactions and whatever…

    My problem is that I’ve got an offer from another Co.dealing the same business with a better job offer, which is giving me a better way of living and progression, I want to quit.
    Questions:
    Does this Co. can pursuit me in Justice for non respect of this contract?
    Do I need to sign a ‘non-disclosure agreement’ for the respect concerning info.etc of the said Co.?
    Can they put in this contract, as I’m a Mauritian citizen, not to engage political activities whatever???

    Sorry Nazeem, I am abusing your time but it is so confuse in my mind…like I’m getting abused…”Harcelement of Work Contract”. Please, help me in this confusing situation. Can a work contract be done with such restriction. IS IT LEGAL???

    Awaiting for your reply…very soon..
    Received my Sincere Regards,
    G.G

    • Hello G.G.

      Thanks for your comments. I think it’s more appropriate that we continue the discussion by email. This would preserve you from disclosing confidential information & defamation risks.

      kind regards
      Nadeem

      • Hello, I have recently been offered employment from a company established in Mauritius since 2009. I was asked to come to work and received an offer by email stating my wage, jobtitle as business development executive and my start date. I replied back and accepted the offer. No proper job description was ever provided and no contract was signed. After 3 weeks of employment, I was dismissed under ground that they are cutting cost and I was not progressing as expected. Lack of progression if any cannot be proved as there were no test or assessment or anything that was done. I feel like there are many grey areas in this dismissal and I would like to know if I can take any action against the company as I never got my contract.

        Your kind advice is greatly appreciated
        Thank you
        EQ

  15. Hello,

    I really need your help and advice.

    I work in a Call Center since like more than 2 years.
    The first year, I wasn’t entitled to Local/Sick Leaves.
    The 2nd year, I had my Local/Sick leaves, but I didn’t use them as the company said it is refunded if not used.

    This year, in January, I entered my 3rd year, therefore they had to refund me the leaves. The director then said, he can’t afford to refund the all the leaves, so he will refund ONLY the Local leaves as per law and I can still keep my sick leaves.

    I had no choice but to agree, but since then, I haven’t receive my Local Leaves refund. Everyweek I ask him about it, he says it will be done by next week but nothing is done. We are already in April ! So I wanted to know, is there any delay per Law for him to refund the Local Leaves?

    Thank you,
    Tim

    • Hello Tim

      I quote below, Section 27 of the Act, which refers to refund of annual leaves:

      (5) Where a worker has not taken or been granted all the leave to which he is entitled under this section, he shall be paid a normal day’s wage in respect of each day’s annual leave still due at the end of the period of 12 consecutive months.
      (6) Any agreement by a worker to relinquish his annual leave entitlement under this section shall be null and void.
      (7) This section shall be subject to any agreement, collective agreement, award or any other enactment, notwithstanding section 3.

      So you see from this that the section refers to collective agreement…to any agreement in fact. It is essential to see what does your employment contract stipulates in regards to refund of local leaves.

      To answer your question, it should normally be paid after a period of 12 consecutive months – interpreted as 1 year of continuous employment. For ease of calculation, we normally put this as a normal year (January to December).

      Feel free to get in touch through email if you need further clarifications.

      All the best
      Nadeem

    • Hello Tim, sorry for late reply. As far as I know the reasonable delay (and logical too), is the next salary payout. If you refund falls due on January, it is payable at February salary.

  16. I wanted to confirm something. You said that for the leaves, it’s 20 local leaves + 2 special leaves & 15 sick leaves.
    Does the employer has the right to impose local leaves to his employee, taking into consideration that local leaves shall be refunded if not taken at the end of the year?

    • The employer may impose that employees take all their leaves if he doesn’t have the policy to refund untaken leaves. But if he has a policy to refund leaves not taken, then logically he can’t impose that such leaves be taken. It beats the purpose of having a refund policy. The refund policy encourages staff not to be absent from work

      • So what can I do, because it’s written on the contract that the local leaves not taken will be refunded, but still they impose local leaves to staffs?

      • You have the right to keep your local leaves without taking them. You can also enforce the claim for refund, because it is stipulated in the contact. Employers cannot force you to take local leave if you are not doing it because of the refund incentive. You may report the case to labour inspectorate in your region.

  17. Hi, i work in a company for the past 4 years, with no grudge against me, i work very well in the company. i had taken two week sick leave, i was injured ann consulted a docter which they give me complete bed rest for two weeks, had inform my manager and sent the medical report. after returning to work they told me im suspended, my manager behind me found lots of mistakes an file a report on that groung they suspend me and tld me to take 1 month salary and go for good. can you please help on that.

  18. Hello!
    Actually i have a problem in my work.
    I work in a fast-food company and i wanted to know if every sunday they have to pay me double rate?? Because the owner said that i have to work for 2 sunday (at normal rate) and only 2 sunday they will pay me double rate.
    Thanks

    • Actually your work conditions is governed also by the Remuneration Orders (Distributive Trade). If you contact me by email, I’ll send you a copy where you can find precise details on the double rate payment. I suppose you re working on a shift system. If yes, the double rate is not automatic since Sundays are normal working days in this sector.

  19. Dear Mr Nadeem, there is a question on my side, if I am working in a company since 3 years, now I want to leave this job. So how many days I need to give as notice? If you can please help me.

    • Hello Oushna

      You will have to first discuss with your employer on the terms of termination and if mentionned on your contrat, you will have to abide by the clause.

      In general, it’s 30 days notice as per Section 37(4) of the Employment Rights Act.

      Regards
      Nadeem

  20. Hello Nadeem
    I work in a private company for the past 9 years. At that time I did sign a contract specifying the notice period to be 3 months. Recently I got a job offer and would like to know if the notice period is as per the contract or as per the law i.e. one month.? Which one prevails, the conditions in a contract or the law.?
    Also for info, with the new law governing the leaves, I was allocated the leaves which was more to the one in the contract. i.e. my contract was specifying 16 local leaves where as now I am being allocated 18 as per law. So my question is to what extent is a contract valid and that the law prevails over the contract. And is that the case as well now for the notice period. Should I go by my contract or by law.? Is it the employer who has the right to decides that he can go by law or by the contract.? Is there any provision in law that states which one that we need to abide to.?

    Thanking you for your reply.

    • Hello

      This is a very delicate question. The Law normally prevails but still you have entered an agreement at a date where this law was not applicable (to my understanding). I would reasonably think that in this case, you entered into agreement with full knowledge of the content and its impact.

      I will try to look for more precise advice on this part. Honestly, I don’t have the answer right now. I’ll get back to you on this very soon.

      The best way, however, is to discuss with your employer and come to a mutual agreement.

      Kind regards
      Nadeem

  21. Hello,
    I am working for a company for 2 years now. I recently submitted my resignation where my contract stipulates a notice of 3 months to my employer upon resignation. Giving the required 3 months notice, my last day of employment shall be end of august. I haven’t taken any annual leave for this year, my balance of annual leave still being 22 till date. I know these leaves must be pro-rated since i resigned. However, my employer informed me that the leaves will be pro-rated to the date of resignation as per the mauritian law and not till my last working day (i.e end of august).

    I went through the employees act and found nothing as such stated. I wanted to know whether there is such a law, if ever i have missed that part while reading the act.

    Thank you.

  22. Labour Minister Shakeel Mohamed stated that, due to repeated requests from union activists, the ministry agreed on the amendment which is expected to guarantee a more just payout to employees. (Image: business.mega.mu)
    Union activists’ request to the Labour Ministry for fairer payouts will finally bear fruit, with an amended Employment Rights Act being voted in tomorrow at the Mauritius national assembly.
    A new way of calculating the end of year bonus will be adopted and this should come into effect as from the start of next year.
    Through this new formula, all workers will benefit from a fair and “more money for all” end of year bonus.
    The Act will be modified soon and will contain a new sub-section in article 31A which will take into account the revision regarding end of year bonus.
    A new definition will be given to the term ‘earnings’ that forms the basis of the calculation of the end of year bonus.
    Except commission, the bonus will comprise of all other payable remuneration related to work done, including all allowances, as well as refund of annual and sick leaves, maternity and paternity benefits, among others.
    Being a part of the Economic and Financial Measures Bill, this revision, which aims at making mandatory the announced measures for the Budget, will be voted in tomorrow.
    Labour Minister Shakeel Mohamed stated that, due to repeated requests from union activists, the ministry agreed on the amendment which is expected to guarantee a more just payout to employees.
    It may be noted that the General Workers Federation negotiator Ashok Subron, together with other union activists, has been requesting the government for this amendment for many years now.
    Their efforts have finally been crowned with success, and now, they await the early implementation of the act.
    ..

    Please Can you tell me whether this law has been voted and how it will be calculated of the end of year bonus

    Thanks Robert

    • Hello Robert

      I believe that this Law hasn’t been enacted yet. Parliament is not operational these days :-)

      However, I’ll try to look for more precise information and get back to you as soon as possible. If you get any update in the meantime, feel free to communicate it to us.

      Kind regards
      Nadeem

  23. Hello,
    I have a small query on unpaid leaves. Does the company reserve the right to impose only 5 unpaid leaves in addition to the number of local leaves the employee has for reason of going abroad?
    Unpaid leaves are not subject to the number that the employee really needs?
    Thanks in advance for considering this question.

    • Hello Aisha

      Unpaid leaves are not defined in the Laws. I am of opinion that this is more from a mutual agreement perspective.
      To reply to your question, your employer cannot impose only 5 unpaid leaves…but he can disagree to give you more. If you both don’t come to terms then the unpaid leaves can’t be taken.

      When you are in an agreement for remuneration you can’t tell the other party “I won’t do my part of the agreement, don’t pay me”. To get the spirit of it, if your building contractor says “I won’t put a roof over your house, don’t pay me for it” – you realize the inconvenience that it may cause over and above the financial part.

      It means he is disturbing your plans and in a business unauthorized leaves may disturb a whole production process and have a severe impact on the business itself. Unless you have very good reasons to take leave (medical,etc.), you can’t force unpaid leaves on your employer based on your requirements.

      Kind regards
      Nadeem

  24. Hello !

    I have a question pls§How do i calculate my local leaves and sick in accordance to the formulae in the employments rights acts pls?as from the 15th june ive done 1 year;How many local i have as from mow? is it 20/12*4?

    Thxs

  25. Hi , ive asked a question about the calculation of the local leaves yesterday and my post has been removed .

  26. I wanted to ask you another question. According to the new amendments of 2014, if an employee works for 6 consecutive months without any absence, he is eligible for 1 local & 1 sick leave per month after the 6 months but less than 12 months.
    Supposed that I signed the contract on the 18th February 2014, am I eligible for the local & sick leave as from 19th August 2014, or is it as from 1st September 2014??
    Thanks in advance

  27. hi
    i have a legal question. we have our holding company in Mauritius and all our employment contracts state they are governed by Mauritian law but we work in SA. the contract states it can be terminated by three months notice by either party. if we give three months notice to a staff member in SA ( he is full time in SA and does not pay taxes in SA nor Mauritius) as he is not performing can he invoke an unfair dismissal in Mauritius even if he is not paying taxes there nor has ever worked there?
    if so, who are the best labour attorneys in Maurituis?

    • Dear Samantha.

      Your situation is a bit tricky and, in my opinion, not compliant to law. To avoid disclosing information on a public platform, I would prefer to comment I private and advise you accordingly. I invite you to communicate your email address by writing to me at nadeem@gibsonandhills.com

      Briefly, you have given contracts based in Mauritian jurisdiction to employee not working in the local scene. This is legal because local companies may have employees working abroad for them. However, the spirit of your contact is more towards legal and financial planning. Not because of operational necessity. By not paying tax in Mauritius, you’re not abiding to local laws. I believe that these employees are not registered on national pensions schemes and neither paying their subscriptions. It all comes to show that your employment contract is not of substance and your employees today have almost no jurisdiction to report to. I don’t know how the legal systems work in S.A but in many countries the Court would definitely statute that you have done this type of contract to evade the actual labour law of the country where your employees and your operations are based.

      I hope this first shot of information is useful. Do contact me for further details.

      Regards

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