COUNTRY

Employment contracts in Mauritius may be for either a permanent or fixed term and may be either verbal or in writing. If the agreement to work is for more than a month, it must be in writing. Employment contracts can be in French or Creole and must be made within 14 days after a month of work. A fixed-term contract can be used for certain types of work, such as for a specified piece of work, replacement of another worker, temporary, seasonal or short-term work that provides training to the workforce for a specific contract. The contract must contain specific information about the position. A fixed-term contract is deemed to be a permanent contract when there is a break not exceeding 28 days between two fixed-term contracts.

The standard working week in Mauritius is 45 hours, excluding time allowed for meal and tea breaks. The employee must have a rest day of at least 24 hours in every period of seven consecutive days. The rest day must be on Sundays unless the employer, by the nature of operations, runs on a seven-day week. In this case, the rest day must be at least twice a month on Sundays. Any employee is prohibited, apart from caregivers, to work more than 12 hours a day except in extraordinary circumstances. Shift work is permitted. Night work is work performed for at least five consecutive hours between 6:00 p.m. to 6:00 a.m. Night shift workers are entitled to a higher wage. Employers and employees can agree on the number of hours worked in addition to regular hours. Employers must provide, where practical, 24 hours’ notice of the overtime to the employee. Work performed on a public holiday is paid at a percentage of the regular rate.

Every employee, other than a part-time worker, is entitled to 15 days of sick leave on full pay in Mauritius after the completion of 12 consecutive months of work. If the employee has not taken sick leave, any outstanding sick leave is accrued to a maximum of 90 working days.

A female employee who has worked continuously for one year is entitled to 14 weeks of paid maternity leave in Mauritius, of which up to seven weeks can be taken before birth. The employee needs to have a medical certificate to confirm the pregnancy. The employee is entitled to maternity leave within seven days of her confinement, in an amount of MUR 3,000. Female employees who miscarry are entitled to two weeks of paid leave immediately after the event. Female employees are also entitled to two breaks of a half-hour each, or one break of one hour, to breastfeed the child. The break is allowed for six months following the birth, or longer if advised by a medical practitioner. A female employee who adopts a child aged less than 12 months and has worked with the same employer for a period of 12 consecutive months is entitled to 14 weeks of leave with full pay. The employee must present a certified copy of the court order and a copy of the birth certificate of the child. Male employees receive five continuous days of unpaid maternity leave after 12 months of service. The employee must provide a medical certificate as evidence of the birth and a written, signed statement that the employee is living with the spouse (mother). Paternity leave must be taken within two weeks from the date of the birth.

Workers in Mauritius employed in export businesses, other than part-time workers, receive a minimum wage slightly lower than other workers. Employers pay a 13th month bonus.

Employees receive 20 working days of annual leave in Mauritius.

In Mauritius, the public holidays are:

• New Year

• Thaipoosam Cavadee

• Abolition of Slavery

• Chinese Spring Festival

• Maha Shivaratree

• National Day

• Ougadi

• Labor Day

• Eid al-Fitr

• Assumption of Mary

• Ganesh Chaturthi

• Divali

• Arrival of Indentured Labourers

• Christmas Day

The healthcare system in Mauritius is a mix of public and private healthcare. Private health insurance is common.

Employment contracts in Mauritius can be terminated by the employer or by the employee with just cause or without cause. The parties can choose to terminate the agreement verbally or in writing. For permanent or indefinite-term contracts, verbal or written notice of at least 30 days is required. Any party, in lieu of notice, may pay to the other party the amount of the remuneration the employee would earn during the period of notice. An employer during the notice period must allow the worker reasonable time off, without loss of pay, to seek further employment under their request. The employer cannot terminate an employment contract under certain conditions, such as race, color, nationality, social origin, place of birth, age, pregnancy, religion, political opinion, sex, sexual orientation, HIV status, impairment, marital status or family responsibilities. Employers can dismiss an employee for gross misconduct or poor performance. An employee may terminate an agreement with an employer if ill-treated by the employer, the employer fails to pay the remuneration due under the contract, the employer fails to provide work and to pay remuneration, the worker is made to resign by fraud or duress or is made to sign a letter of resignation. Fixed-term contracts terminate at the end of the agreement or on its renewal. In this case, no severance payment is required unless otherwise agreed to by the parties. Severance payment is required when the employer terminates an indefinite term contract without cause or by the employee.