“Mauritius has come a long way in regulating industrial relations”

At the Employment Law Conference 2024, held at the Hennessy Park Hotel, in Ebene, Senior Counsel Marc Hein, Chairperson of Juristconsult Chambers, delivered a detailed presentation on the evolution of employment law in Mauritius. His address traced the historical development of labour relations from the country’s colonial past to modern legislation, emphasizing the importance of understanding both French and British legal influences on Mauritian law. He highlighted the significant milestones in the country’s labour laws, including the Workers’ Rights Act of 2019, and explored future challenges such as the disruptive potential of artificial intelligence on the workforce. Marc Hein stressed the importance of balancing workers’ rights with the need for economic growth, encouraging participants to stay informed about legislative changes and their implications. His remarks set the tone for a day of in-depth discussions on workplace and labour law, which drew over 120 participants from various industries across Mauritius.

At the Employment Law Conference 2024, held at Hennessy Park Hotel, Marc Hein, Senior Counsel and Chairperson of Juristconsult Chambers, delivered a thought-provoking presentation on the evolution of employment law in Mauritius. The event, which brought together over 120 industry professionals, centred on the shifting dynamics of workplace laws, examining both historical roots and modern challenges in labour relations.

Marc Hein began his address by questioning the very purpose of labour and why society has organized itself around work. Drawing on historical context, he took the audience through centuries of labour evolution, starting with hunter-gatherers, moving through the industrial revolution, and now facing the challenges of the digital age. “Work has always been part of human existence, evolving as society has changed. Today, we are at the cusp of another transformation, with AI poised to disrupt the workforce in ways we are only beginning to understand,” Marc Hein stated.

His presentation provided a rich historical perspective, connecting the dots between the Napoleonic legal tradition and modern Mauritian law. Marc Hein explained that the Mauritian Civil Code, inherited from French law in 1805, remains the backbone of the legal framework governing employment contracts today. He highlighted the blend of French and British legal influences, particularly in specialized sectors such as banking, where contracts may be governed by the Civil Code, while operational regulations are inspired by Anglo-Saxon legal principles. “Mauritian law is unique, a mixture of traditions that reflect our colonial past, but are firmly rooted in our local context,” he remarked.

AI will undoubtedly bring about major changes in the way we work, but we must ensure that these changes do not undermine the rights we have fought to secure over the past two centuries

Marc Hein also explored the development of labour rights in Mauritius, tracing them from the abolition of slavery in 1835 through to modern-day legislative reforms. He pointed out that the Workers’ Rights Act of 2019 was a significant milestone in this ongoing evolution, providing enhanced protections for employees, while still allowing businesses to operate profitably. He noted that “Mauritius is today a welfare state, balancing the need for economic growth with the necessity of protecting workers’ rights. But this balance has been hard-earned, and it continues to evolve as new challenges emerge”.

A particularly striking part of Marc Hein’s presentation was his reflection on the historical treatment of labour, from the days of slavery, where workers were considered property, to the era of indentured labour and beyond. He explained that labour laws were shaped by this painful history, with reforms gradually providing workers with more rights and protections over time. “The trajectory of labour rights in Mauritius is deeply intertwined with our colonial past, and understanding this history is key to shaping the future of employment law,” he explained.  

In addition to providing this rich historical analysis, Marc Hein focused on the future of employment in Mauritius, especially in light of technological advancements like artificial intelligence. He warned that AI could significantly alter labour markets and challenged the audience to think critically about how to adapt. “Artificial intelligence will undoubtedly bring about major changes in the way we work, but we must ensure that these changes do not undermine the rights we have fought to secure over the past two centuries,” he cautioned.

He also spoke about the growing importance of balancing industrial relations within companies, pointing to the legal frameworks that govern collective agreements and trade unions. Marc Hein explained that industrial relations law in Mauritius, which started to take shape after World War II, has been crucial in preventing and resolving disputes between employers and employees. “Mauritius has come a long way in regulating industrial relations, ensuring that workers have a voice through trade unions and collective agreements. However, we must remain vigilant to ensure that these rights are not eroded,” he noted.

One of the key themes of Marc Hein’s address was the need for continuous learning and adaptation in the legal profession. He stressed that in a rapidly changing world, it is crucial for lawyers and business leaders to stay informed about legislative changes, and to understand the broader context in which those changes occur. “We cannot afford to be complacent. The world of work is changing, and we must be ready to meet these challenges head-on,” he asserted.

Marc Hein’s presentation set the tone for a conference that was not only about the law, but also about how businesses and legal professionals can navigate the complexities of modern employment practices. The discussions that followed touched on many of the themes he introduced, such as the impact of the Finance Act 2024 on the Workers’ Rights Act, and the pressing need to address data protection in the workplace.

Juristconsult Chambers’ event served as an important reminder of the ongoing evolution of labour law in Mauritius, providing a forum for dialogue between legal experts and business leaders. Marc Hein encouraged the attendees to remain engaged in the conversation, reminding them that the future of labour law is being shaped not just by legislation, but by the collective actions of everyone involved in the workforce. “The law is not static. It evolves, as we evolve. And we must be part of that evolution,” he concluded.