THE EMPLOYMENT RIGHTS ACT 2008 Act No. 33 of 2008 I - ILO

106 Pages·2008·0.38 MB·English

648 Acts 2008
THEEMPLOYMENTRIGHTSACT2008
Act No.33of 2008
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5 Section
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M PARTI–PRELIMINARY
1. Shorttitle
2. Interpretation
3. ApplicationofAct
PARTII–AGREEMENTS
4. Discriminationinemploymentandoccupation
5. Agreements
6. Capacityofworkers
7. Liabilityforactoromissionofanotherperson
8. Writtenparticularsofworkagreement
9. Continuousemployment
10. Considerationforfull-timeemployment
11. Transfertopart-timework
PARTIII–MINIMUMAGEFOREMPLOYMENT
12. Employmentofchildrenandyoungpersons
13. Recordofyoungpersons
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PARTIV–HOURSOFWORK
14. Normalworkinghours
15. Notionalcalculationofbasichourlyrate
16. Overtime
17. Publicholiday
18. Mealandteabreaks
19. Mealallowance
PARTV–REMUNERATION
20. Equalremunerationforworkofequalvalue
21. Paymentofremuneration
22. Deduction
23. Paymentofremunerationtoapart-timeworker
24. Paymentofremunerationinspecialcircumstances
25. Paymentofremunerationdueonterminationofagreement
PARTVI–OTHERCONDITIONSOFEMPLOYMENT
26. Transportofworkers
27. Annualleave
28. Sickleave
29. Medicalfacilities
30. Maternitybenefits
31. Paternityleave
32. Otherfacilities
PARTVII–ENTITLEMENTOFWORKERSINTHESUGARINDUSTRY
33. InterpretationofPartVII
34. ContinuousemploymentofexistingworkersintheSugarIndustry
35. Workersemployedbyjobcontractor
PARTVIII–TERMINATIONOFAGREEMENT
36. Terminationofagreement
37. Noticeofterminationofagreement
38. Protectionagainstterminationofagreement
39. Workerundernoticeoftermination
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PARTIX–WORKFAREPROGRAMME
40. InterpretationofPartIX
41. WorkfareProgramme
42. EligibilitytojointheWorkfareProgramme
43. ElectionforWorkfareProgramme
44. TransitionUnemploymentBenefit
45. EstablishmentofWorkfareProgrammeFund
PARTX–COMPENSATION
46. Paymentofseveranceallowance
47. Paymentofrecyclingfee
48. Deductionsfromseveranceallowance
49. Gratuityonretirement
50. Deathgrant
51. Certificateofemployment
52. TerminationofappointmentundertheConstitution
53. Contractualworker
PARTXI–VIOLENCEATWORK
54. Violenceatwork
PARTXII–JOBCONTRACTORS
55. Issueofpermit
56. Jointliabilityofemployerandjobcontractor
57. Remunerationtobeprivilegeddebt
PARTXIII–RECORDSANDADMINISTRATION
58. Registerofemployers
59. Keepingofrecords
60. Labourinspection
61. Powertomakeenquiries
62. Powertosummon
63. Complaintprocedure
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PARTXIV–LABOURADVISORYCOUNCIL
64. EstablishmentofCouncil
65. FunctionsofCouncil
66. MeetingsofCouncil
PARTXV–MISCELLANEOUS
67. Offences
68. Regulations
69. Repeal
70. Consequentialamendments
71. Transitionalprovisions
72. Commencement
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An Act
To revise and consolidatethe law relatingto employment and
contractof employment orcontractof service
ENACTEDbytheParliamentofMauritius,asfollows–
PARTI –PRELIMINARY
1. Shorttitle
ThisActmaybecitedastheEmploymentRightsAct2008.
2. Interpretation
InthisAct–
“agreement” means a contract of employment or contract of
service between an employer and a worker, whether oral,
written,impliedorexpress;
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“basicwageor salary”,inrelationtoaworker,means–
(a) where the terms and conditions of employment of the
worker are governed by a Remuneration Regulations,
arbitral award or an agreement, whether oral or written,
express or implied, the basic wage or salary prescribed
in the Remuneration Regulations, award or agreement,
or where the employer pays a higher wage or salary, the
higher wage or salary so paid, but does not include any
allowancebyanynamecalled,andwhetherpaidincash
or inkind;
(b) in any other case, all the emoluments received by the
worker,excludinganybonus or overtime;
“child”meansapersonundertheageof 16;
“collective agreement” has the same meaning as in the
EmploymentRelationsAct2008;
“comparable full-time worker” means a full-time worker
who –
(a) hasthesametypeofemploymentrelationship;
(b) is engaged in the same or a similar type of work or
occupation;and
(c) is employed in the same establishment, enterprise or
branchofactivity,
asapart-timeworker;
“continuousemployment”meanstheemploymentofaworker
under an agreement or under more than one agreement where
theintervalbetweenanagreementandthenextdoesnotexceed
28days;
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“Council” means the Labour Advisory Council established
under section64;
“Court” means the Industrial Court established under the
IndustrialCourtAct;
“day”means anyperiodof 24consecutivehours;
“employer”,subjecttosection33–
(a) means –
(i) a person, enterprise or body of persons, who or
whichemploys aworker;and
(ii) is responsible for the payment of remuneration to
theworker;
(b) includes –
(i) ajobcontractor;
(ii) a person, other than another shareworker, who
sharestheprofitorgrossearningsofashareworker;
“enterprise”includes atradeorbusiness;
“fortnight”meansanyperiodof14consecutivedays;
“goodandsufficientcause”includes –
(a) illness orinjurycertifiedbyamedicalpractitioner;
(b) absenceauthorisedbytheemployer;
“goods vehicle” has the same meaning as in the Road Traffic
Act;
“harassment”meansanyunwantedconduct,verbal,non-verbal,
visual,psychologicalorphysical,basedonage,disability,HIV
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status,domesticcircumstances,sexualorientation,race,colour,
language, religion, political, trade union or other opinion or
belief, national or social origin, association with a minority,
birth or other status, that a reasonable person would have
foreseen that a worker would be affected negatively in his
dignity;
“industrialundertaking”includes –
(a) mining and quarrying operations or other activities
connectedwithmineralprospecting;
(b) the manufacture, production, assembly, installation,
repair, maintenance, modification or destruction of
materials or properties;
(c) shipbuildingoperations;
(d) the generation, transformation, and supply of electric
powerorothertypeofenergy;
(e) the construction, extension, installation, repair,
maintenance, alteration or demolition of buildings,
airfields, tramway lines, harbours, dockyards, piers,
inland water ways, roads, tunnels, bridges, drainage,
water pipes, telegraphic and telephonic installations,
electric gas or water works or other construction work
including the preparation for or laying the foundation of
anysuchwork orstructure;and
(f) such other undertaking as the Minister may, by
regulations,determine;
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“job contractor” means a person who employs a worker to
perform any work or service that the person has contracted to
door providefor another person;
“local authority” has the same meaning as in the Local
GovernmentAct2003;
“Minister” means the Minister to whom responsibility for
the subject of labour and employment relations has been
assigned;
“National Pensions Fund” means the National Pensions Fund
established under theNationalPensionsAct;
“National Savings Fund” means the National Savings Fund
established under theNationalSavingsFundAct;
“notional hourly rate” means the hourly rate as calculated in
section15;
“officer” means an officer designated by the Permanent
Secretary;
“pay period” means the period for which remunerationis paid
undersection21;
“part-time worker” means a worker whose normal hours of
workareless thanthoseofacomparablefull-timeworker;
“Permanent Secretary” means the Permanent Secretary of the
Ministryresponsibleforthesubjectoflabourandemployment
relations;
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“placeofwork”meansaplacewhereworkisperformedunder
anagreement;
“public holiday” has the same meaning as in the Public
HolidaysAct;
“publicofficer”has thesamemeaningas intheConstitution;
“remuneration”–
(a) means all emoluments, in cash or in kind, earned by a
workerunder anagreement;
(b) includes –
(i) anysumpaidbyanemployertoaworkertocover
expenses incurred in relation to the special nature
of his work;
(ii) anymoneytobepaidtoajobcontractor,forwork,
bythepersonemployingthejobcontractor;and
(iii) anymoneydueasashareofprofits;
“retirement age” means, in respect of a worker whose month
and year of birth is mentioned in Column 1 of the First
Schedule,thedateonwhichtheworkerattainstheagespecified
inColumn2ofthatSchedule;
“severance allowance” means an amount calculated in
accordancewithsection46;
“shareworker”meansapersonwho –
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(a) is remunerated wholly or partly by a share in the profits
of the enterprise for which he works, or gross earnings
ofanenterpriseobtainedfromtheworkdonebyhim;and
(b) is not an owner of the main equipment, premises and
materialsused inthework hedoes;
“shift work” means work on which 2 or more persons are
alternatelyemployedatdifferenttimes;
“shop” means a place where any wholesale or retail trade or
business is carriedon;
“stipulatedhours”meansthehoursofworkspecifiedinsection
14(1)(a) and 14(4)(a) or such lesser number of hours of work
as maybespecifiedinanagreement;
“threateningbehaviour”meansanybehaviourordeclarationof
intentiontouse forceon,or tointimidate,aworker;
“trade or business” means any occupation, calling, trade,
business, profession, industry, service or other commercial
activity;
“trade union” has the same meaning as in the Employment
RelationsAct2008;
“TransitionUnemploymentBenefit”meanstheunemployment
benefitasspecifiedinsection44;
“Tribunal” means the Employment Relations Tribunal
establishedundertheEmploymentRelationsAct2008;