In Mauritius, job contracts are stringently regulated to ensure fair treatment and clarity for all employees. The Workers Rights Act 2019, overseen by the Ministry of Labor, mandates that employment terms, such as work hours, salary, overtime, and leave entitlements, are clearly defined in contracts. Special provisions protect expatriate employees, ensuring they are treated equally and paid in Mauritian rupees without unauthorized deductions. This regulatory framework aims to create a transparent and equitable working environment for both local and expatriate workers.
The Mauritian Labor Code
The Labor Code in Mauritius, outlined by the Workers Rights Act 2019, ensures fair treatment and protection for employees. Key provisions include an 8-hour workday, overtime and holiday pay, and entitlements to annual and sick leave. Employers must follow these regulations, especially when hiring expatriates, ensuring fair treatment and clear employment terms. For detailed information, consult the Ministry of Labor's website.
The Labor Code is governed by the Ministry of Labor through the Workers Rights Act 2019. The provisions of the Workers Rights Act 2019 include:
- The legal length of a workday is 8 hours, excluding a 1-hour lunch break;
- Overtime is paid as agreed with the employer. When working on a holiday, one is paid twice;
- After 12 months with the same employer, you will be eligible for 22 days of annual leave and 15 days of sick leave.
Do not hesitate to consult the Ministry's website for more information.
Work contracts in Mauritius: What do they say?
In Mauritius, employers must scrupulously respect labor laws when hiring expat employees. The salary and conditions of employment of foreign professionals must not put them at a disadvantage compared to local employees.
Expatriate employees must also be paid exclusively in Mauritius and in Mauritian rupees.
Furthermore, the employer must not make any deduction from the salary/remuneration of an expat employee unless the deduction is provided for and authorized by labor laws. This includes compulsory deductions, pension and tax contributions.
All terms and conditions of employment and related benefits must be clearly stipulated in the employment contract, which must be duly signed by the expat and the employer. A copy must be given to the employee:
- the expat's situation;
- the conditions relating to the days and hours of work;
- the conditions of payment of salaries, overtime;
- the conditions of payment for days and hours worked on Sundays and holidays;
- conditions of payment of year-end bonuses;
- the duration of meals and breaks;
- specification of annual leave, sickness and maternity leave;
- conditions in case of termination of the employment contract, notice;
- additional provisions for housing, airfare, car.
Working hours and vacations in Mauritius
The Mauritius Labor Code provides that the normal working week for any employee who is not a part-time employee or a caregiver consists of 45 hours of work, except in special situations or other provisions.
Good to know:
A caregiver in Mauritius is a professional who cares for the sick and the elderly. This does not include time for meals, tea breaks and other intervals.
The employer and the employee can decide on the number of overtime hours worked by the employee.
Employees are entitled to at least one rest day of at least 24 hours in 7 days.
If the job requires 5 days of work per week, the employee must work 9 hours every 5 days of the week, including an hour for lunch.
If the job requires 6 days of work per week, the employee must work 8 hours on 5 days of the week and 5 hours on the remaining day, excluding public holidays.
The employer may not require the employee to work nights for 5 consecutive nights, with the exception of certain sectors and industries.
If the employee is asked to work on a public holiday, the per-hour rate is doubled for the first 8 hours and tripled for every additional hour.
An employee may request a flexible work schedule for reasons such as the impossibility of reorganizing the work or if the quality of the work is compromised if the employer is able to grant such an arrangement.
With 48 hours' notice, employees can ask for a 4-day work week, spreading their working hours over fewer days.
Good to know:
In Mauritius, an employer cannot hire a minor to work between 10 p.m. and 5 a.m.
Different types of leave in Mauritius
Leaves are included in the benefits employees have as part of their remuneration and require the employer's authorization. In Mauritius, one can be absent from work with the permission of the employer to carry out recreational and rest activities, to fulfill personal and religious obligations, for continuous learning and development purposes, to maintain good physical and mental health, to improve work-life balance.
Employees can benefit from various types of leave, including:
Annual leave: full-time employees are entitled to 20 days of annual leave per year. They are also entitled to 2 additional days of leave per year, the dates of which are at the discretion of the employer. This leave may be taken for a full day, a half-day, or a shorter period agreed upon by the employer and employee.
Any employee who has been employed full-time by the same employer for a period of 6 consecutive months and who has been present every working day during that period is entitled to one day of annual leave for each month thereafter until the 12th month, so long as he or she remains employed by the same employer.
Sick leave: any full-time employee continuously employed by the same employer for a period of 12 consecutive months is entitled, during each subsequent 12-month period of continuous employment, to 15 working days of sick leave on full pay. When an employee has unused sick leave days at the end of the year, these remaining days are cumulative to a maximum of 90 days and are non-refundable. They may be used for extended convalescence or hospitalization.
Maternity and paternity leave: women are generally entitled to 16 weeks of paid maternity leave. They are entitled to full pay if they have been employed for more than 12 months. Fathers are entitled to 4 weeks of paid paternity leave.
Leave to care for a sick child: an employee with a basic monthly salary of Rs 50,000 or less is entitled to take up to 10 days of paid leave during each period of 12 consecutive months, to be charged against annual leave, sick leave, or vacation leave, at their convenience.
Adoption leave: when an employee continuously employed by the same employer for a period of 12 consecutive months adopts a child under the age of 12 months, they are entitled, upon presentation of a certified copy of the court order and a copy of the child's birth certificate, to 14 weeks leave with full pay.
Leave for miscarriage and stillbirth: When an employee has a miscarriage duly certified by a physician, she is entitled to 3 weeks' leave with full pay immediately following the miscarriage. When an employee gives birth to a stillborn child, she is entitled, upon presentation of a medical certificate, to 14 weeks' leave with full pay.
Vacation (leaves): this is 30 days of leave granted by the employer to an employee who has 5 years of continuous service with the same company. The employee is allowed to use all or half of his/her vacation days for a stay abroad. The counter resets to zero as soon as they are used for another 5 years.
Leave to attend court: an employee earning less than Rs 600,000 per annum who is summoned to court as a witness or a stakeholder is entitled to full pay leave only if the employee is attending court as a representative of the employer or on behalf of the employer.
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