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Khemila Naraidoo, Partner at Juristconsult Chambers

“The legal framework now offers stronger protection for vulnerable workers”

At the Employment Law Conference 2024, Khemila Naraidoo, Partner at Juristconsult Chambers, presented a detailed analysis of key amendments to the Workers’ Rights Act of 2019, particularly those introduced by the Finance Act 2024. Her presentation explored several crucial topics, including updates to work-from-home policies, the introduction of a disturbance allowance for unsocial working hours, and new regulations surrounding remuneration during extreme weather conditions. Khemila Naraidoo also addressed the complexities surrounding vacation leave entitlements, focusing on whether such leave constitutes an acquired right or a benefit. Another area she covered was the introduction of specific provisions for labour contractors, with an emphasis on the joint liability of labour and hiring contractors in ensuring fair treatment for migrant workers.

At the Employment Law Conference 2024, held at the Hennessy Park Hotel, in Ebene, Khemila Naraidoo, Partner at Juristconsult Chambers, delivered a thorough presentation on the amendments to the Workers’ Rights Act of 2019, with a focus on the most recent changes introduced by the Finance Act 2024. Her address examined several crucial aspects of the law, highlighting the need for both employees and employers to adapt to the evolving regulatory landscape. The topics she covered ranged from remote work policies and remuneration during extreme weather conditions to vacation leave entitlements, new provisions for labour contractors, and other amendments with wide-reaching implications.

Khemila Naraidoo began by examining the updated framework for working from home, a topic that has taken on greater relevance in recent years. She explained that the previous provisions on remote work had been repealed and replaced by a new section, 17A. “The new regulations introduce clearer guidelines, including the requirement that employers provide at least 48 hours’ notice before asking an employee to work from home,” Khemila Naraidoo explained.

 

The disturbance allowance could create substantial financial implications for businesses, as employees working during these periods are entitled to their normal hourly wage plus an additional hourly rate

 

One significant update is the introduction of a “disturbance allowance” for employees working during unsocial hours – defined as weekends from 1 pm on Saturday to 6 am on Monday, and weekdays from 10 pm to 6 am the following day. “The disturbance allowance could create substantial financial implications for businesses, as employees working during these periods are entitled to their normal hourly wage plus an additional hourly rate,” Khemila Naraidoo noted. This new allowance applies to both employees and workers, regardless of their salary bracket.

Turning to the issue of remuneration during extreme weather conditions, Khemila Naraidoo highlighted the relevance of this provision, especially in light of recent cyclones that have disrupted life across the island. “Mauritius has been increasingly affected by extreme weather, and the introduction of clear provisions on pay during such conditions is a necessary step,” she remarked. Under the new regulations, workers required to be present at their employer’s premises during extreme weather are entitled to three times their basic hourly wage, while those working from home are to be paid at twice their hourly rate. These measures, she explained, reflect a growing recognition of the challenges posed by climate change.

One of the most debated aspects of her presentation was the amendment regarding vacation leave. Khemila Naraidoo explained that, under the new rules, vacation leave must now be taken in blocks of at least six consecutive days, with applications submitted at least three months in advance, barring exceptional circumstances. She asked an important question to the audience: “Is vacation leave an acquired right or simply a benefit?” She then explored this question by discussing the scenario of an employee who, prior to 2019, earned less than the threshold amount of Rs 50,000 per month, but whose salary was later increased. “If that person did not take their vacation leave before their salary was raised, are they still entitled to it, or have they lost that right?” she asked, inviting participants to reflect on this matter.

Another critical amendment she addressed was the introduction of new provisions related to labour contractors, now governed by sections 29A, 29B, and 29C of the Workers’ Rights Act. Labour contractors are now required to register with the Ministry of Labour, and both the labour contractor and the hiring company are jointly and separately liable for the remuneration and working conditions of migrant workers, as well as the payment of statutory contributions. Khemila Naraidoo explained that this dual liability raises important questions about how responsibilities will be shared between contractors and the companies that hire them. “We need to closely examine how these new rules will be applied in practice, particularly when it comes to accountability,” she remarked.

In addition to these key topics, Khemila Naraidoo touched on several other important amendments. Among them were provisions for paid time off during overtime, an increase in maternity leave to 16 weeks, and in paternity leave, extended from five days to four weeks. Khemila Naraidoo highlighted how these changes reflect the broader legislative intent to support families and create more inclusive workplaces. “The law now requires employers with over 250 workers to provide childcare facilities, which is a strong message about the importance of supporting working parents, particularly given the aging population in Mauritius,” she added.

Furthermore, the new provisions include enhanced protections for migrant workers, including mandatory notice periods for termination. Khemila Naraidoo stressed that these amendments are part of a larger effort to ensure that the rights of migrant workers are fully respected and safeguarded. “The legal framework now offers stronger protection for vulnerable workers, ensuring they are treated fairly in all aspects of their employment,” she stated.

Khemila Naraidoo’s presentation provided a comprehensive overview of the significant changes to the Workers’ Rights Act, sparking lively discussions among the participants. Her detailed analysis, coupled with her thought-provoking questions, invited the audience to reflect on the real-world impact of these legislative changes and how they will shape the future of employment practices in Mauritius. The presentation also highlighted the need for employers to understand and adapt to these reforms, while ensuring that they meet their legal obligations in this evolving environment.

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