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Thirteenth salary for expats

wintermute84

Good day,

I've being working for the same company in Mauritius for a few years now.


I have high salary as company is based in Europe, however I'm employed and payed by locally registered subsidiary in MUR.


There is nothing regarding 13th salary in my contract of employment, just a specification of monthly salary.

I've never received 13th pay, or end of year bonus.


Can/should I do something about it or is it normal practice with expats?

I'm concerned that there is nothing stopping them from terminating my contract, which then terminates my occupation permit, as soon as I do the inquiry.

Any advise is appreciated.

Thank you

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mitenarmoogum

@wintermute84 if they terminate your contract, your occupational permit will not cease. You can simply go to another company.


If you are scared of making simple enquiries to your employer, then it could be suggested the culture at the company is not right and your services would be better positioned else where.


There seems to be a massive misconception in the Expat community as employers think they can control employees based on permit. Once they grant an occupational permit, this remains in force regardless of whether you are employed.

yrsbarra

@wintermute84 you can ask your boss , why you're scared of termination of contract if he have money he'll give, if he don't have then forcefully how you can take.

Generally salary of foreigner is high as compared to local person , always maintain good relationship with company,  contract depends upon employer,  sponsorship by employer so it doesn't good look to fight for 13th month salary.

wintermute84

@mitenarmoogum ok, thanks for you reply.

The employer needs to notify EDB of termination of contract, and isn't there a time frame after which Professional Occupation permit is ceased if new employment is not found?


Also I'm more curious if there is a law article I can reference regarding 13th salary before I go to my employer if you think it is worth doing?

yrsbarra

@mitenarmoogum after termination then apply for other so if all documents and edb ready person can live 6 months only after that go back to country. New company new contract,  company give sponsorship for foreigner.  You can check in EDB guidelines for foriegn professional permit

External

Good day,
I've being working for the same company in Mauritius for a few years now.
I have high salary as company is based in Europe, however I'm employed and payed by locally registered subsidiary in MUR.

There is nothing regarding 13th salary in my contract of employment, just a specification of monthly salary.
I've never received 13th pay, or end of year bonus.

-@wintermute84


Hi wintermute


Why don't you enquire with the EDB?

You don't have to give your name or personal info but just ask them whether an expat on an OP making XXXX amount per month  is entitled to the 13th month by the locally registered subsidiary .

See  what is their response!

GuestPoster510

@mitenarmoogum That is wrong

If you contract ends, your occupation permit will end too. When you find a new job, then you will have to apply for a new occupation permit.

Your occupation permit and your non resident ID are linked to your contract and job.


Now about the 13th month, that is a legal obligation, you must have it, even if it is not in your contract.

Davidray10

According to employment laws of Mauritius it is illegal for a foreigner to get a 13th month salary if his earnings are over Rs 100,000 per month.


Please tread carefully. If your company gives it to you discreetly that should be fine but don't risk putting your company in a vulnerable position with the EDB too.


@ External is your salary above Rs 100000 with transport and all ?


Cheers,

David

GuestPoster510

@Davidray10 Highly doubt that, I don't know any expat that does not have the 13th month. Source of that?

Davidray10

@jex2 I understand you may doubt this, in this case it is better for you to consult the Mauritius Employment Act and consult with the Government department of the Ministry of Labour.


You will get clarifications from these legal entities freely or try to look for an attorney who may advise you against a nominal fee.


All the best,



Cheers,

David

GuestPoster510

@Davidray10


.... Pretty easy to declare something and give no source.

The workers Act 2019 does say that the end of the year bonus is mandatory for salary below 100.000, but it does not mention that it is forbidden above.

https://labour.govmu.org/Documents/Legi … p;e=4koZZo


Now I agree with you, if it wasn't included in the contract and the salary is 100.000+, then the person might not get it.