A Ministry of Labour inspector may, at the request of either party, provide a conciliation service to assist in the conclusion of an agreement. Contracts of indefinite duration are contracts that are concluded between the employee and the employer and that do not have a specific duration. If the employer wishes to terminate the contract, this can only be done after following the procedures provided for by law. If the employer is of the opinion that it has no just cause for dismissal, it may pay the full severance pay or enter into a settlement agreement with the employee for an amount acceptable to both parties. An employer can only terminate an employment contract for poor performance if a collective agreement remains in force for a period of at least 24 months. Negotiations on the renewal of the agreement must begin no later than three months before its expiry or any renegotiation procedure provided for in the collective agreement. The collective agreement is binding on the contracting parties and all employees of the collective bargaining unit to which the collective agreement applies. Arbitration and pre-arbitration arrangements are not possible with respect to labour matters in Mauritius as disputes are matters of public policy of Mauritius and are therefore not considered arbitral. The Labour Relations Tribunal is established in accordance with section 85 of the Industrial Relations Act and has as its principal task the enforcement of awards, orders relating to recognition, the agreement to tick, the appointment of an organization, the minimum service and all other matters under the Industrial Relations Act, interpret collective agreements, awards and warrants, and publish an annual report with summaries of cases and decisions. The Labour Relations Tribunal must render its award within 90 days of the referral of a dispute. The 90-day period may be extended if circumstances so require, provided that the consent of the parties to the dispute is obtained. A collective agreement is reached when a recognized union (or a group of recognized unions or a joint bargaining group) and an employer reach an agreement on working and working conditions. The terms of such an agreement shall be specified in the terms of the employment contract of the workers concerned.
“This victory contributes to the 2017 union minimum wage campaign, in which we reached a minimum wage of $300 after a 10-day hunger strike. The union is also strengthening its organisation in other sectors in order to benefit from sectoral collective bargaining. If no agreement is reached or if negotiations have taken place, the employer must notify the dismissal committee (the “Board”) in writing at least 30 days before the planned reduction, along with a statement stating the reason for the dismissal (the “termination of employment”). Provisions applicable to all workers include discrimination, equal pay for work of equal value, restrictions on payroll deduction, jury leave, permission to participate in international sports, maternity and paternity leave, termination of agreement and severance pay, a sustainable pension fund, and violence in the workplace. Remuneration is defined as the remuneration received by the employee for the last full month of his employment or an amount calculated in such a way as to indicate the rate per month at which the employee was paid during a period of 12 months preceding the termination of his contract; This should include payment for extra work, productivity bonus, attendance bonus, commission in exchange for services and any other regular payment, whichever is greater. For employees, in the case of compromise agreements, it is imperative that the agreement be reviewed by an independent consultant. Termination agreements are possible as long as there is an amicable agreement between the employee and the employer. The Conciliation and Mediation Commission is established in accordance with article 87 of the Industrial Relations Act and has the essential task of providing conciliation or mediation for all labour disputes addressed to it, investigating any labour dispute reported to it, inquiring and reporting matters relating to labour relations – in general or labour relations in a specific sector – which are submitted to it by the Ministry of Labour, and to ensure conciliation. or a mediation service to help workers, trade unions and employers set up collective bargaining structures, create deadlocks, set up works councils, prevent or settle disputes and complaints, establish disciplinary or dispute resolution procedures and deal with industrial relations issues related to the restructuring of organisations. Failure to comply with the legal procedure would render the dismissal unjustified. In May 2020, the Government of Mauritius amended the clauses of the new Workers` Rights Act in favour of employers. The unions fought to keep the original law as much as possible, but only managed to block one of the changes.
There is an annual intervention by the State to provide additional or higher remuneration and allowances to cope with inflation or the cost of living, the rates of which vary from year to year. . The Dismissal Committee is established in accordance with article 73 of the Act and deals with cases of downsizing and closure of enterprises for economic, financial, structural, technological or other similar reasons. The Termination Commission shall complete its proceedings within 30 days of the date of dismissal, unless the parties mutually agree on an extension. However, if the Minister responsible for labour and industrial relations has exempted employers in certain sectors by regulation from compliance with procedures of general application, the Dismissal Committee must conclude its deliberations within 15 days of the date of dismissal. The severance pay organization may also offer the parties a conciliation or mediation service to promote a settlement upon receipt of notice in accordance with the relevant provisions of the WRA and the prior consent of the parties. The maximum working time of employees is 45 hours per week, consisting of: The Labour Court is established in accordance with § 3 of the Labour Courts Act and has the task of negotiating labour law disputes. Any employee who feels disadvantaged by the decision of his employer (with the exception of dismissal) must apply to the Labour Court if he wishes to receive severance pay. Solicitation bans generally refer to non-poaching of the employer`s employees and even customers. There are generally no temporal and geographical restrictions as such with respect to solicitation prohibitions. The declaration to be submitted shall contain all the information provided for by law, failing which the downsizing is considered unjustified.
For non-compete obligations to be enforceable, clauses should be limited in time and space, should not be too broad to prevent workers from earning a living and their maintenance should be fundamental to the protection of the employer`s legitimate business. It is not based on laws, but on cases. The courts rule on the validity of this clause on a case-by-case basis. By law, employees receive benefits in the event of bankruptcy and affordable pension plans are introduced. Tipping is an added benefit for existing pension funds. The new law allows employees to transfer their pensions and retirement benefits to their next employer. The law also obliges employers to pay compensation for years of service and introduces unemployment benefits of up to 12 months. Under the Equal Opportunities Act 2008, the court examines whether the offence of discrimination is aware of the discrimination and whether or not the status of the injured worker is the sole or dominant cause of discrimination in order to determine, directly or indirectly, the occurrence of a discriminatory act. On the facts of the case, the court will order damages commensurate with the harm suffered by the injured worker. The employee must prove that he has been discriminated against by weighing the probabilities.
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