The Finance (Miscellaneous Provisions) Act 2022 came into force on 2 August 2022 and amended several Mauritian legislations to provide for the implementation of the measures announced in the annual budget 2022-2023. This article aims to provide a brief alert on the amendments or new additions made to the legal landscape of the employment sector in Mauritius.

Definition of “worker” has been broadened

• A “worker” within the ambit of the Workers’ Rights Act 2019 now includes a person who is classified as a service provider but who personally performs the same or similar work of a comparable worker employed in the same enterprise or industry. This will also include a person irrespective of whether or not he holds a business registration number, but it will not include a consultant.

Allowance payable where work is performed on a day on which a cyclone warning class III or IV is in force

• Welcome clarifications have been made to the fact that an allowance equal to three times the basic rate per hour is payable to a worker who is required to work, irrespective of whether from home or at his workplace when a cyclone warning class III or IV is in force.

Free meal or meal allowance

• The employer must provide for an adequate free meal or pay a meal allowance of MUR 85/day where an employee is required to perform a normal day’s work of at least 10 hours.

Leaves

• The ceiling of a maximum of 90 days for accumulating outstanding sick leave for workers earning a monthly basic...

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