Atlas Insights: Proposed Changes in Mauritius Employment Laws, Bangladesh EIS Coverage and More
Mauritius - Amendments in the Mauritius Employment Law
The Finance (Miscellaneous Provisions) Bill 2024 was formally introduced at the National Assembly on Thursday, 18 July 2024. This bill announced key proposals for the year 2024 – 2025.
Below are some of the key changes proposed:
Right to Disconnect During Unsocial Hours - The bill proposes to introduce a worker’s right to disconnect from work-related communications during unsocial hours—specifically, between 1 p.m. on Saturday and 6 a.m. on Monday, and between 10 p.m. and 6 a.m. on weekdays. Exceptions are made for emergencies or when these hours correspond to the working hours in the market country served. Workers required to work during these hours will receive a disturbance allowance equivalent to their hourly wage. This right applies to all salary levels. The disturbance allowance is not a new measure, however, now it will include workers in the ICT/BPO sector.
Vacation Leave - Under the Workers' Rights Act of 2019, employees who have been with the same employer for five consecutive years are entitled to 30 days of vacation leave for every five-year period. With the law now reaching its fifth year, employees earning up to MUR 600,000 annually may be eligible for vacation leave starting October 2024. This is equivalent to GBP 9,928.62/ EUR 11,719.78. Leave must be taken for at least six consecutive days, and applications should be submitted three months in advance, barring special circumstances.
Work from Home During Extreme Weather - The bill proposes that employers may require workers to work from home during extreme weather events like cyclones, heavy rains, or safety alerts, provided there is no risk to the employee's life, family, residence being damaged or electricity or communication breakdown.
Parental Leave Changes - Additionally, maternity leave was increased from 14 weeks to 16 weeks with full pay, effective 7 June 2024. Mothers who give birth to twins, triplets, multiple births, or premature babies are now entitled to an additional two weeks of paid leave. Paternity leave has also been extended from five continuous working days to four consecutive weeks.
Indonesia - Draft Legislation Proposes Extended Maternity Leave to Improve Public Health
Indonesia’s parliament has drafted new legislation aimed at extending paid maternity leave to six months for mothers with health conditions, as part of an effort to reduce the country’s stunting rate to 14% in 2024.
Under the new rule, working mothers are entitled to three months of maternity leave after childbirth. This is extendable by another three months if they have a certificate from their doctor indicating that they have medically certified health conditions or complications. The first four months of leave will be fully paid, while the fifth and sixth month will be paid at 75 % of their full salary.
Employers are responsible for incorporating this amendment into employee work contracts, and the law prohibits wage deductions exceeding 50%. Previously, the labor law allowed three months of maternity leave only, equally divided before and after childbirth.
Employees who experience a miscarriage are still entitled to 1.5 months of additional leave, which can be extended with a doctor’s certificate. Male employees are entitled to two days of paternity leave, which under the new law, can be extended by a further three days, and two days of leave in the event of a miscarriage.
The legislation also allows breastfeeding mothers to negotiate their working hours with their employers, aiming to create a more flexible working environment.
Bangladesh - Garment Sector Scheme Now Covers Commuting Accidents
Effective 1 July 2024, Bangladesh has expanded its pilot Employment Injury Scheme (EIS) to include compensation for accidents that may occur when workers are commuting to and from work. The governance board of the EIS unanimously approved the inclusion of ‘commuting accidents’ in as industrial accidents on the 13th of May, making workers eligible for compensation.
The EIS Pilot initiative is the first social insurance scheme initiative providing a financial benefit to garment workers and their families in case of work-related death and permanent disability.
The decision was unanimously supported by employers' organisations, workers' organisations and government agencies who are members of the EIS pilot governance board.