Global Compliance Desk – Mauritius
Mauritius: Latest Amendments to the Labor Law
On July 27, 2024, the Finance (Miscellaneous Provisions) Bill 2024 was enacted, introducing important updates to the Workers’ Rights Act 2019 (Act No. 20 of 2019) (“Act”). These amendments focus on key areas such as overtime, maternity leave, and paternity leave, providing employees with increased flexibility and improved benefits.
The amendments are as follows:
Overtime
Currently, any work exceeding the standard daily hours is considered overtime. For employees on a 6-day workweek any work beyond 8 hours a day, while for those on a 5-day workweek, any work beyond 9 hours a day and 45 hours of work in a week, is considered overtime.
Pay for Overtime Work – Employees who work overtime are entitled to a premium on their regular pay rate. On weekdays, any work performed beyond normal working hours must be compensated at a rate of 50% above the employee’s regular pay. If an employee works on a public holiday, they are entitled to a 100% premium on their regular rate of pay for hours worked during regular hours. If overtime is worked on a public holiday, employees must receive a premium of no less than 200% of their regular pay.
Effective July 27, 2024, employees can receive compensatory time off instead of monetary overtime pay. This allows for greater flexibility, with employers either providing overtime compensation or offering paid time off at the following rates:
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- Weekdays: 1.5 hours of time off for each hour of overtime.
- Public Holidays (regular hours): 2 hours off per hour worked.
- Public Holidays (overtime hours): 3 hours off for each hour of overtime.
Maternity leave
Currently, a female employee is entitled to 14 weeks’ maternity leave on full pay to be taken before confinement, provided that at least 7 weeks’ maternity leave shall be taken immediately following the confinement; or after confinement.
Effective July 27, 2024, this entitlement has increased to 16 weeks of fully paid maternity leave, with at least 8 weeks to be taken immediately following childbirth.
Paternity Leave
Currently, a male employee who is in continuous employment for a period of 12 consecutive months, gives birth to a child or where the employee or his spouse adopts a child less than the age of 12 months, the male employee shall be entitled to a paternity leave of 5 continuous working days.
Effective July 27, 2024, this entitlement increased to 4 weeks of paid paternity leave for a male employee who is in continuous employment for a period of 12 consecutive months, gives birth to a child or where the employee or his spouse adopts a child less than the age of 12 months.
Take Away – Employers should take proactive steps to comply with the amendments and must review and potentially revise their policies to align with them, at the earliest.
