The Employment Rights Act 2019: Implications for Employers

The Employment Rights Act 2019 replaced the Employment Act 2000 and introduced significant changes to the law governing the employer-employee relationship in Mauritius. Employers should review their contracts, policies, and practices for consistency with the new statutory requirements.

Written Statement of Particulars

Section 6 of the Employment Rights Act 2019 requires every employer to provide a written statement of employment particulars to each employee within one month of the date of commencement. The statement must include the names of employer and employee, the date of commencement, the job title and description, the place of work, the hours of work, remuneration and payment intervals, and leave entitlements. Failure to provide the written statement is an offence punishable by a fine not exceeding MUR 50,000.

Unfair Dismissal

Part IV of the Act introduces a right not to be unfairly dismissed. Section 33 provides that an employee who has completed twelve months' continuous service may present a complaint to the Employment Tribunal. Section 34 sets out the potentially fair reasons for dismissal: capability or qualifications, conduct, redundancy, restriction of the business, and some other substantial reason. The employer must show that the reason was potentially fair and that in dismissing the employee, the employer acted reasonably in treating the reason as sufficient.

Fixed-Term Contracts

Section 12 restricts the use of consecutive fixed-term contracts. Where an employee has been employed under four or more consecutive fixed-term contracts, the employment is deemed to be indefinite, and the employee acquires the full rights of a permanent employee.

Part-Time Workers

Section 17 provides that part-time workers are entitled to be treated no less favourably than comparable full-time workers, with entitlements pro-rated in proportion to the hours worked.

Maternity Leave

Section 57 extends the maternity leave period to fourteen weeks, with full remuneration for the first eight weeks and half remuneration for the remaining six weeks.

This article is for general information purposes only and does not constitute legal advice.