MAURITIUS Law and Practice Contributed by: Sameer K. Tegally, Sonia Xavier and Ashvan Luckraz, Venture Law
• rate and particulars of remuneration; • interval at which remuneration is to be paid; and • normal hours of work. Note that these conditions are not exclusive; several other conditions may be agreed upon between the employer and the employee in accordance with the specificities of the business. 4.3 Working Time Employees may be employed on a full-time or part- time basis in Mauritius. The normal working hours for a full-time worker (other than a caregiver ( garde mal- ade ) and a part-time worker) are 45 hours of work, excluding time allowed for meal and tea breaks, allo - cated as follows. • Where the worker is required to work five days a week: (a) nine hours’ work on any five days of the week, other than a public holiday. • Where the worker is required to work six days a week: (a) eight hours’ work on any five days of the week other than a public holiday; and (b) five hours’ work on one other day of the week other than a public holiday. No worker, other than a caregiver, shall, except in spe - cial circumstances and subject to any other enact - ment, be required to work for more than 12 hours per day. Under the WRA, where a worker works on a public holiday, the employer shall remunerate him/her in respect of any work done: • during normal working hours, at not less than twice the rate at which the work is remunerated when performed during the normal hours on a weekday; or • after normal working hours, at not less than three times the rate at which the work is remunerated when performed during the normal hours on a weekday. The WRA was amended in 2023 to introduce the con - cept of a four-day work week. An employer may now,
with the consent of a worker, require the worker to work for the stipulated hours, in any week, on a four- day week basis, provided a notice of at least 48 hours is given to the worker ahead of the new compressed hours. On the other hand, a worker may make a request to his/her employer to work for the stipulated hours on a four-day week basis, and the employer must, subject to their operational requirements, grant the request. The WRA also provides for certain qualifications in the conversion of work from full-time to part-time. In line with climate change, the law now recognises that, during periods of extreme weather conditions, where an order is issued by the National Crisis Com - mittee (NCC) requiring any person to remain indoors, or a state of disaster is declared, and any direction for the purpose of assisting and protecting the public is issued, an employer must not require a worker to work or continue to work, as such situations could place the worker in danger. Recently, in May 2026, the Cabinet agreed to the adoption of the National Protocol on Heavy and Tor - rential Rain for Mauritius. Under the Protocol, which applies to both the public and private sectors irre - spective of whether employees work on a full-time, part-time or shift basis, if the Mauritius Meteorological Services (MMS) issues a heavy rain warning, employ - ees must normally continue working unless the NCC issues an Order or communiqué to evacuate work - places, remain indoors or not report to work. How - ever, if a torrential rain warning is issued, employees, except those in emergency services, are not required to report for duty or continue working, and employers must not wait for an Order or communiqué to release their employees. Work may resume only after the NCC issues an Order or communiqué that it is safe to go outside and report to work. 4.4 Termination of Employment Contracts In the case of a fixed-term contract, the contract comes to an end on the last day of the agreement. An employment contract may also be terminated by the employer for the employee’s poor performance or misconduct (including misconduct subject to criminal
652 CHAMBERS.COM
Powered by FlippingBook