Employments rights act in Mauritius

The following content is updated employment law of Mauritius in 2019.

The employment labor laws and regulations consist of common issues in employment and labor laws and regulations. Some of the rules and regulations included in the law are;

  • Employment
  • Employee representation
  • Industrial relations
  • Discrimination
  • Maternity and family leave rights
  • Business sales

Here there are total 51 jurisdictions.


The Employment Rights Act 2008 came into existence in 2nd February 2009. This was implemented at a crucial time in the country where the employment law was advent and the laws of the employment were taken in charge by the Labor Act 1975 which was an old law and there were also other pieces of legislations which are not functionable in respective of the old law which is known has the “feeder” piece of legislation. Over the years it felt that the changes which was made by the old law were not sufficient, it needed more moderation to modern environment in Mauritius which now can be occupied by some number of foreign workers at every level of the work stratum.

Firstly, the act has consolidated with the old law and the contract of employment. Secondly, it has endorsed concepts that are now accepted as in the most modern employment law regimes. Accordingly, there are several possible ways to negotiate a well-defined group of elements forming the essence of the contract employment. Therefore, the act is taken from the beginning which becomes a new approach to the principles which is to be applied in the employment laws of Mauritius.

The national assembly revised the act where the amendments made to enhance the role of trade unions in the employer-worker relationship is noteworthy. Further the output made in the act is maintained for the reason to be tested and still the enhanced part of trade union is always welcomed to make changes to the employment scene which is more accustomed to strain the State or Union relations.

The non-negotiable elements:

  • Discrimination in Employment and Remuneration
  • Equal Remuneration for Work of Equal Value
  • Maternity Benefits
  • Paternity Leave
  • Termination of Agreement
  • Requirement to Issue a Notice of Termination
  • Payment in Lieu of Notice
  • Protection against Termination under Specific Circumstances
  • Rights of Worker under a Notice of Termination
  • Reduction of Workforce and Closure of Business
  • The Workfare Program
  • Compensation
  • Severance Allowance
  • Recycling Fee
  • Gratuity at Retirement
  • Payment of Death Grant
  • Certified of Employment
  • Payment of Gratuity under a Fixed Loan Contract
  • Violence at Work
  • Harassment
  • Assault
  • Verbal Abuse
  • Harm Expression
  •  Behavior of Threatening
  • Intimidation
  • Contempt and
  • Hinder
  • End of Year Bonus

The negotiable elements:

  • Normal Working Hours
  • Overtime
  • Public Holiday
  • Meal and Tea Breaks
  • Meal Allowance
  • Payment of Remuneration in Special Circumstances
  • Transport of Workers
  • Annual Leave
  • Sick Leave

New features in the law:

  • Definition of Worker
  • Definition of Employer
  • Written Particulars of Work Agreement
  • Certificate of Employment
  • Recycling Fee
  • Violence and Harassment at Work
  • Paternity Leave
  • Death Grant
  • Workfare Programme
  • Employment Relation Tribunal
  • Reduction of Workforce or Closure of Enterprise
  • Employer to Provide Notice
  • Employer to Consult Trade Union
  • Employer Agreement on Compensation with Worker
  • Permanent Secretary to Inquire
  • Role of Tribunal
  • End of Year Bonus


When was the employment act formed?

The employment act was formed in 2008

When did the employment act executed in the country?

The employment act came into force in the country are 2nd February 2009

Is Mauritius Law strict?

Yea! It is indeed strict for the public to have fear of laws in the country.

Read Also: Mauritius Company Act – Details Description


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