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New Labour Law Provisions Explained

From Right to Disconnect and Parental Leave to Extreme Weather Pay

From left to right: Mariahven Caremben, Industrial Relations and Policy Matters, Labour Office – Khemila Narraidoo, Partner – Barrister, Jurisconsult – Suraj Kokil, Head of Human Capital, Manser Saxon Contracting Ltd, – Manish Bundhun, Chief People Executive, ENL and Rogers Management Service.

The Employment Law Conference, organized by Juristconsult, shed light on transformative updates to Mauritius’ Workers’ Rights Act 2019, introduced through the Finance (Miscellaneous Provisions) Act 2024. Moderated by Khemila Narraidoo, partner and barrister at Juristconsult Chambers, the conference focused on the evolving landscape of workplace regulations that aim to strike a balance between employee welfare and business operations. Central topics included the newly established ‘right to disconnect,’ which safeguards employees from work-related obligations beyond regular hours, enhancing work-life balance, and the revised compensation framework for remote and on-site work during extreme weather conditions. Other amendments addressed paternity and maternity leave extensions and strengthened protections for migrant workers, ensuring transparent and equitable labour practices. These legislative changes signify Mauritius’ progress towards fostering a workplace that values employee rights, well-being and fair practices, while aligning with global labour standards.

The Employment Law Conference hosted by Juristconsult, held on October 17, brought together experts in law, business leaders, and policymakers to address significant changes introduced by the Finance (Miscellaneous Provisions) Act 2024 to the Workers’ Rights Act 2019. The first discussion panel, themed “Workplace & Labour Law Revolution: Trends, Changes, and Future Directions,” was introduced and moderated by Khemila Narraidoo, partner and barrister at Juristconsult Chambers, who guided the discussion on how these updates are set to impact the workplace. BIZWEEK brings the key features of the introduction to our readers. 

 

Khemila Narraidoo explained that Section 17A of the Workers’ Rights Act 2019 previously allowed employers to require employees to work from home with at least 48 hours’ notice. However, this section has been overhauled to create a more balanced framework for remote work. The Finance Act 2024 introduces the “right to disconnect,” ensuring employees are not obligated to engage in work-related communications outside regular working hours, except for emergencies or specific market hour needs.

  • Right to Disconnect: This new right empowers employees to step away from work-related tasks during weekends and late-night hours without fear of repercussions, promoting a healthier work-life balance.
  • Disturbance Allowance: For any work performed during unsocial hours, employees will receive compensation that includes their normal hourly rate plus an additional hourly rate. This measure recognizes the value of employees’ time outside traditional work periods and ensures they are compensated.

These changes signal a recognition of the need to protect employees from overwork, and to set clear boundaries between work and personal life.

The Finance Act 2024 also introduces new provisions under Section 32(6) to guide payment during periods of extreme weather. This reflects a proactive approach to the challenges posed by climate and natural disruptions. 

 

Revised Protocols Include:

On-Site Work Compensation: Employers requiring workers to be present on-site during extreme weather must provide normal pay plus triple the basic hourly rate per hour, along with a meal. This acknowledges the risks involved and rewards employees for their dedication.

Remote Work Payment: Employees instructed to work from home during such conditions are entitled to double their hourly rate, if there is no significant danger or disruption at home, such as power outages or safety risks.

Definition of Extreme Weather:

To ensure clarity, the Act defines extreme weather as including Class III or IV cyclones, orders from the National Crisis Committee mandating indoor safety, and official advisories from the Mauritius Meteorological Services.

 

Enhanced Vacation Leave Regulations

Changes to Section 47 now grant workers with five years of continuous service the right to up to 30 days of vacation leave. This leave can be spent locally or abroad, and is considered an essential part of employee well-being.

Planning Requirements: Employees must apply for this leave at least three months in advance, except in special cases, allowing employers to plan accordingly.

Non-Accumulative Clause: If the leave is not granted or taken, the employer must provide payment for the unused days, underscoring the commitment to employee rights.

These adjustments reflect the recognition of long-term employee contributions and the importance of adequate rest.

 

Right to Disconnect: This new right empowers employees to step away from work-related tasks during weekends and late-night hours without fear of repercussions, promoting a healthier work-life balance

 

New Regulations for Labour Contractors

Sections 29A, 29B, and 29C address the role and responsibilities of labour contractors, particularly regarding migrant workers. This area of law has been formalized to ensure greater transparency and accountability.

 

  • Mandatory Registration: Labour contractors must register with the Ministry of Labour to operate, ensuring only compliant entities are active in the sector.
  • Employment Terms Disclosure: Contractors are required to inform migrant workers in writing about their job conditions, pay, and employer details, ensuring that the workers are fully aware of their employment terms.
  • Joint Liability: Both the contractor and the hirer employer share responsibility for the working conditions and remuneration of the migrant worker, ensuring accountability across the employment chain.

 

These measures enhance protection for migrant workers and reinforce fair labour practices in industries where contractor arrangements are common.

 

Improved Parental Leave Provisions

The amendments also expand parental leave:

Paternity Leave: Extended to four weeks, paternity leave now applies to all employees, including part-time workers. This ensures that fathers or partners have the necessary time to support their families.

Maternity Leave: In cases involving multiple births, adoption, or premature delivery, maternity leave includes 16 weeks, with an additional two weeks for certain circumstances. 

These updates support family well-being and align Mauritius with global standards that promote shared parenting responsibilities.

 

Provisions for Migrant Worker Termination

A new clause under Section 63 mandates that employers must provide at least 20 days’ notice before terminating the employment of a migrant worker. Employers must also ensure that any outstanding payments and benefits are settled.

 

The 2024 amendments to the Workers’ Rights Act reflect an adaptive approach to modern workplace needs, balancing employee rights with business interests. By emphasizing fair compensation, clear terms for remote and on-site work, and reinforced protection for migrant workers, these changes aim to foster an environment that values worker well-being and supports a robust workforce. This shift towards greater fairness and transparency paves the way for a more balanced and progressive workplace culture.

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