Mauritius
Employment Relations (Amendment) Act 2019 (ERAA)
Impact date: Date to be fixed by Proclamation.
The way in which the Board makes recommendations for the review of pay and the definition of a worker have been amended and are awaiting implementation. Once in force, the Board will have to make its recommendations to the Minister for the review of pay and grading structures on an occupational basis every five years and will have to take as baseline the rate of wages prescribed in the Wages Regulations in force.
For the purposes of section 28(f) of the ERAA, a worker means:
- A worker whose basic wage or salary is at a rate not exceeding MUR 30,000/- in a month or
- A person who has been awarded a bachelor’s degree, recognized by the Higher Education Commission
However, the definition of worker excludes:
- A public officer, a local government officer or a worker of a statutory body
- A job contractor
- A person taking part in a training scheme set up by the Government or under a joint public-private initiative with a view to facilitating the placement of jobseekers in gainful employment
Section 28(f)(6) of the ERAA has been revised given the new definition of a worker and states that “worker”, subject to subsection (1A), has the same meaning as in the Workers’ Rights Act 2019.
Employer implications/action needed Once these new provisions come into force, employers will need to ensure that their pay review processes are compliant, including payment of the minimum prescribed wages. Employers should also note the amended definition of worker and how or if this affects the rights of workers they engage.
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