employment relations act

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You’ll also receive course updates (unsubscribe anytime). Overview of Mauritius Labour Force and Employment Laws Mauritius has a dynamic labour market with a participation rate of approximately 58% and an employment rate above 92%. The country’s employment landscape is governed primarily by the Workers’ Rights Act 2019 (which repealed and replaced the former Labour Act and Employment Rights Act). This legislation applies to all employees in Mauritius, including foreign nationals, and covers every aspect of the employment relationship – from hiring to termination. 📌 Important note: The former Labour Act and the Employment Rights Act have been repealed and replaced by the Workers’ Rights Act 2019 (as amended up to 2025). This single piece of legislation now governs all employment relationships in Mauritius. For in‑depth training on the current law, enrol in our accredited course or contact us for corporate training. Workers’ Rights Act 2019 – Core Provisions (as at 9 August 2025) The following is based on the official consolidated version of the Workers’ Rights Act 2019. It covers the most critical provisions for employers and HR professionals in Mauritius. 1. Work from Home & Right to Disconnect (Section 17A) Work from home: An employer may require a worker to work from home, provided 48 hours’ notice is given to the worker. Right to disconnect: A worker has the right to disconnect (i.e., disengage from work and work‑related communications) when required to work during unsocial hours, except in emergencies or when working hours correspond to the market country served. Disturbance allowance: If a worker is required to work during unsocial hours, he/she shall be paid a disturbance allowance equivalent to one times his/her hourly wage for every hour worked during those hours, in addition to any other payment due. Definition of unsocial hours: Between 1 p.m. on a Saturday and 6 a.m. on the following Monday; and between 10 p.m. on a weekday and 6 a.m. on the following day. 2. Annual Leave (Section 45) After 12 months of continuous employment: 20 working days annual leave per subsequent 12‑month period (section 45(1)). Plus an additional 2 days per year (section 45(2)). Total = 22 days per year. Unused leave must be paid or accumulated at the worker’s option (section 45(8)). Part‑time workers receive annual leave calculated pro‑rata (section 45(5)). 3. Sick Leave (Section 46) 15 working days on full pay per 12‑month period, with accumulation of unused days (section 46(1)(b)). After exhausting 15 days, additional sick leave for hospitalisation may be taken from accumulated leave (section 46(4)). Medical certificate required after 3 consecutive days of absence (section 46(6)). 4. Vacation Leave (Section 47) After 5 consecutive years with the same employer: 30 days’ paid vacation leave (to be spent abroad or locally). Leave is not cumulative; if not taken, the employer must pay a normal day’s wage for each day applied for (section 47(4B)). Worker must give at least 3 months’ notice (section 47(4A)). 5. Special Leave (Section 48) 6 working days on full pay for the worker’s first civil or religious marriage. 3 working days on full pay for the first marriage of his son or daughter. 3 working days on full pay on the death of spouse, child, father, mother, brother or sister. 6. Leave to Care for Family with Healthcare Issues (Section 47A) A worker may use any of his paid leave entitlements (annual, sick, vacation) to care for a child (including adopted child), parent, grandparent, or spouse who has healthcare‑related issues. For a parent, grandparent, or spouse, the leave shall not exceed 10 days. 7. Maternity Leave and Benefits (Section 51) 16 weeks’ maternity leave on full pay (section 51(1)). Twins, triplets, multiple births, or premature baby: additional 2 weeks’ paid leave (section 51(1A)). Miscarriage: 3 weeks + 5 days, both on full pay (section 51(4)). Stillbirth: 16 weeks’ leave on full pay (section 51(5)). Adoption of child under 12 months: 16 weeks’ leave on full pay (section 51(6)). Nursing breaks: two half‑hour breaks (or one hour) daily for up to 6 months (section 51(7)). Employer cannot terminate employment while on maternity leave or nursing, except for economic/technological/structural reasons (section 51(11)). 8. Paternity Leave (Section 53) Male worker with 12 months’ continuous employment: 4 consecutive weeks’ paternity leave with pay upon birth or adoption of child under 12 months (section 53(1)). Leave must begin within 2 weeks of birth/discharge/adoption (section 53(3)). If less than 12 months of service, leave is without pay (section 53(4)). 9. Childcare Facilities (Section 52A) Applies only to employers with more than 250 workers. Such employers must provide free childcare facilities for workers whose child is aged not more than 3 years, in accordance with the Child Day Care Centres Regulations 2022. Common Compliance Mistakes (and How to Avoid Them) Not updating employment contracts with the 2024 amendments (maternity, paternity, work from home). Incorrect overtime calculations. Missing deadlines for HRDC G1/G3 forms. Poor documentation of disciplinary actions. Failing to provide statutory leave (22 days annual, 15 days sick, etc.). Ready to Become a Compliance Expert? Join our in‑depth Workers’ Rights Act training – MQA approved, HRDC refundable. Get practical skills, case