There are several laws that govern employment and labour in Mauritius, including: The Employment Rights Act 2008; The Employment Relations Act 2008; The Labour Act 1975; The Non-Citizens (Employment restriction) Act 1970; and the End of Year Gratuity Act 2001.
The constitution of Mauritius is also meant to guarantee certain rights and freedoms. It is entrenched in the constitution that there should not be discrimination by reason of race, place of origin, political opinion, colour, creed or sex, therefore employers are prohibited from discriminating between employees on these grounds.
Legal minimum wage rates vary according to job category and years of service, and are fixed periodically by the National Remuneration Orders for the various sectors. Average wages paid in practice tend to be substantially higher than these legal minimums, especially in the EPZ and construction sectors. Before the Budget Speech' each year, the unions take part in tripartite negotiations with the Government and the Mauritius Employers Federations (MEF), to decide upon a cost of living adjustment to wage rates at national level.
Under the Labour Act, a building in which an employee is required to perform work must be provided with adequate lighting and ventilation and the employer must provide sanitary conveniences, washing facilities, and facilities for the taking of meals, at or near the place of work with.
Since its inception, the Occupational Safety and Health Division (OSH) has been continually striving to ensure, so far as is reasonably practicable, the safety, health and welfare whilst at work of all employees and any person entering the precincts of Ministries/Departments.
Notice of the intention to terminate employment may be verbal or written. If a worker has been in continuous employment with the same employer for at least 3 years, at least 3 months’ notice must be given. Shorter notice periods are prescribed in every other case. If the employee is remunerated at monthly or fortnightly intervals notice must be given at least 14 days before .the end of a calendar month; if the worker is remunerated at intervals of less than 14 days, the length of notice must be at least equal to the interval at which remuneration is paid.
Terms of employment in most sectors are normally governed by National Remuneration Orders or by the Labour Act of 1975. Under the Labour Act, an employee may not be required to work more than 8 hours per day, 6 days per week. The hours of work for a "young person" (aged between 15 and 18) are 6 hours/day. A young person must not be employed for more than 36 hours in a week (or 48 hours/week, in a shop).