Podcast
Questions and Answers
What must a worker do at least 24 hours in advance if they do not wish to work longer than stipulated hours?
What must a worker do at least 24 hours in advance if they do not wish to work longer than stipulated hours?
The worker must notify their employer of their intention.
What is the minimum remuneration for a worker who works during normal hours on a public holiday?
What is the minimum remuneration for a worker who works during normal hours on a public holiday?
It must be at least twice the regular rate of pay.
How much should a worker be paid for overtime worked during a weekday beyond normal hours?
How much should a worker be paid for overtime worked during a weekday beyond normal hours?
The worker should be paid at least one and a half times the regular rate.
What should an agreement specify regarding remuneration for public holidays and overtime?
What should an agreement specify regarding remuneration for public holidays and overtime?
What rest period is required for a worker before performing extra work immediately after their normal workday?
What rest period is required for a worker before performing extra work immediately after their normal workday?
What constitutes a normal day's work for a garde malade, excluding breaks?
What constitutes a normal day's work for a garde malade, excluding breaks?
How often is a worker entitled to a rest day and what is the typical day for this rest?
How often is a worker entitled to a rest day and what is the typical day for this rest?
What is the minimum duration of consecutive rest a worker must have within a day?
What is the minimum duration of consecutive rest a worker must have within a day?
Under what conditions can a young person be employed during late hours?
Under what conditions can a young person be employed during late hours?
What must employers provide to workers who stop work after 5 hours, according to the agreement?
What must employers provide to workers who stop work after 5 hours, according to the agreement?
What defines a worker's eligibility for flexitime when caring for a child?
What defines a worker's eligibility for flexitime when caring for a child?
What is the employer’s obligation upon receiving a flexitime request from a worker?
What is the employer’s obligation upon receiving a flexitime request from a worker?
What happens if a worker completes piece work or task work faster than a normal shift?
What happens if a worker completes piece work or task work faster than a normal shift?
What is the purpose of granting a protective order in respect of immovable property?
What is the purpose of granting a protective order in respect of immovable property?
Who can apply for the registration of title or charges over immovable property following a protective order?
Who can apply for the registration of title or charges over immovable property following a protective order?
List two actions that are typically restricted by a protective order concerning immovable property.
List two actions that are typically restricted by a protective order concerning immovable property.
What happens to the protective order if remuneration due to workers is paid?
What happens to the protective order if remuneration due to workers is paid?
What requirements must the supervising officer fulfill following the issuance of a protective order?
What requirements must the supervising officer fulfill following the issuance of a protective order?
In what scenario can the Judge in Chambers vary or discharge the protective order?
In what scenario can the Judge in Chambers vary or discharge the protective order?
What condition must be met for the Judge to discharge a protective order after a court case is disposed of?
What condition must be met for the Judge to discharge a protective order after a court case is disposed of?
Who is notified about the protective order according to the requirements outlined?
Who is notified about the protective order according to the requirements outlined?
What is the definition of 'basic wage or salary' for workers whose wages exceed the national minimum wage?
What is the definition of 'basic wage or salary' for workers whose wages exceed the national minimum wage?
How is 'basic wage or salary' calculated for workers, other than those in export enterprises, whose wages were below the national minimum wage before January 1, 2018?
How is 'basic wage or salary' calculated for workers, other than those in export enterprises, whose wages were below the national minimum wage before January 1, 2018?
What does the term 'export enterprise' refer to in the context of basic wage or salary?
What does the term 'export enterprise' refer to in the context of basic wage or salary?
In cases where no wage is prescribed for a worker, how is their 'basic wage or salary' determined?
In cases where no wage is prescribed for a worker, how is their 'basic wage or salary' determined?
What constitutes the 'basic wage or salary' if it is included in a worker's contract of service?
What constitutes the 'basic wage or salary' if it is included in a worker's contract of service?
How does previous additional remuneration affect the definition of 'basic wage or salary'?
How does previous additional remuneration affect the definition of 'basic wage or salary'?
What types of compensation are explicitly excluded from being classified as 'basic wage or salary'?
What types of compensation are explicitly excluded from being classified as 'basic wage or salary'?
Why is it necessary to have a clear definition of 'basic wage or salary' in employment regulations?
Why is it necessary to have a clear definition of 'basic wage or salary' in employment regulations?
What is the purpose of the Wage Guarantee Fund Account?
What is the purpose of the Wage Guarantee Fund Account?
What does 'remuneration' include according to the document?
What does 'remuneration' include according to the document?
What action must a worker take if they are not paid due remuneration?
What action must a worker take if they are not paid due remuneration?
What is the role of the supervising officer in the claims process for unpaid remuneration?
What is the role of the supervising officer in the claims process for unpaid remuneration?
What types of funds contribute to the Wage Guarantee Fund Account?
What types of funds contribute to the Wage Guarantee Fund Account?
What is meant by the term 'insolvent' in the context of employers?
What is meant by the term 'insolvent' in the context of employers?
What is the maximum amount of remuneration that can be paid from the Wage Guarantee Fund Account?
What is the maximum amount of remuneration that can be paid from the Wage Guarantee Fund Account?
What should be done with the protective order regarding immovable property if it is varied or discharged?
What should be done with the protective order regarding immovable property if it is varied or discharged?
What is the timeframe for an employer to submit remuneration details after receiving a claim?
What is the timeframe for an employer to submit remuneration details after receiving a claim?
What action must a supervising officer take if a claim is found to be bona fide?
What action must a supervising officer take if a claim is found to be bona fide?
What must an employer report to the supervising officer after receiving payment notice under subsection (4)?
What must an employer report to the supervising officer after receiving payment notice under subsection (4)?
What happens if an employer fails to pay remuneration after receiving a notice?
What happens if an employer fails to pay remuneration after receiving a notice?
Under what conditions can a liquidator pay a worker from the Wage Guarantee Fund?
Under what conditions can a liquidator pay a worker from the Wage Guarantee Fund?
How should an overpayment of benefits be recovered according to the document?
How should an overpayment of benefits be recovered according to the document?
What must a liquidator do with the remaining balance of remuneration due to a worker exceeding 50,000 rupees?
What must a liquidator do with the remaining balance of remuneration due to a worker exceeding 50,000 rupees?
What is the function of the Wage Guarantee Fund Account in the context of worker remuneration?
What is the function of the Wage Guarantee Fund Account in the context of worker remuneration?
Flashcards
Normal Workday for Garde Malade
Normal Workday for Garde Malade
A garde malade's normal workday consists of 12 hours of actual work, excluding breaks. The workday can start on any day, including public holidays.
Weekly Rest Day
Weekly Rest Day
A worker is entitled to a 24-hour rest period every 7 days. This rest day is usually on a Sunday.
Working 6 Days a Week
Working 6 Days a Week
If a worker is required to work 6 days a week, they get paid for a full day even if leaving early after 5 hours of work on the 6th day.
Compressed Work Hours
Compressed Work Hours
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Flexitime Request
Flexitime Request
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Flexitime Request for Childcare
Flexitime Request for Childcare
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Flexitime Response Time
Flexitime Response Time
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Flexitime Approval
Flexitime Approval
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Refusing to work overtime
Refusing to work overtime
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Public holiday pay (normal hours)
Public holiday pay (normal hours)
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Public holiday pay (overtime)
Public holiday pay (overtime)
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Weekday overtime pay
Weekday overtime pay
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Agreement for overtime and public holiday work
Agreement for overtime and public holiday work
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Protective Order for Immovable Property
Protective Order for Immovable Property
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Public Notice of Protective Order
Public Notice of Protective Order
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Restrictions under Protective Order
Restrictions under Protective Order
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Variation or Discharge of Protective Order
Variation or Discharge of Protective Order
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Court's Discretion in Protective Order
Court's Discretion in Protective Order
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Payment as Reason for Lifting Protective Order
Payment as Reason for Lifting Protective Order
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Court Case Resolution as Reason for Lifting
Court Case Resolution as Reason for Lifting
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Interest of Justice as Reason for Lifting
Interest of Justice as Reason for Lifting
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What is the National Minimum Wage?
What is the National Minimum Wage?
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How is the basic wage of a worker defined?
How is the basic wage of a worker defined?
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What is the special rule for workers in export enterprises?
What is the special rule for workers in export enterprises?
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How is basic wage defined for workers without a prescribed salary?
How is basic wage defined for workers without a prescribed salary?
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What is the basic wage definition for workers with contracts?
What is the basic wage definition for workers with contracts?
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What is included in the basic wage or salary?
What is included in the basic wage or salary?
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What is excluded when determining the basic wage or salary?
What is excluded when determining the basic wage or salary?
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What is the purpose of the definition of 'basic wage or salary'?
What is the purpose of the definition of 'basic wage or salary'?
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Wage Guarantee Fund Account
Wage Guarantee Fund Account
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Wage Guarantee Fund Account Limit
Wage Guarantee Fund Account Limit
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Insolvency Criteria for Wage Guarantee Fund
Insolvency Criteria for Wage Guarantee Fund
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Sources of Funding for Wage Guarantee Fund Account
Sources of Funding for Wage Guarantee Fund Account
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Claiming Unpaid Remuneration from the Wage Guarantee Fund
Claiming Unpaid Remuneration from the Wage Guarantee Fund
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Employer Notification for Unpaid Wages Claim
Employer Notification for Unpaid Wages Claim
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Investigation of Unpaid Wages Claim
Investigation of Unpaid Wages Claim
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Approval and Payment of Unpaid Wages Claim
Approval and Payment of Unpaid Wages Claim
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Employer's Wage Payment Responsibility
Employer's Wage Payment Responsibility
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Wage Guarantee Fund Account after Liquidation
Wage Guarantee Fund Account after Liquidation
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Recovery of Overpayment of Benefits
Recovery of Overpayment of Benefits
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Employer's Notice to Supervising Officer
Employer's Notice to Supervising Officer
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Employer's Remuneration Report
Employer's Remuneration Report
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Supervising Officer's Notice to Employer
Supervising Officer's Notice to Employer
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Employer's Obligation to Notify Supervising Officer
Employer's Obligation to Notify Supervising Officer
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Supervising Officer's Role in Late Payment
Supervising Officer's Role in Late Payment
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Study Notes
Workers' Rights Act 2019 - Arrangement of Sections
- Act No. 20 of 2019
- Assented to by Paramasivum P. Vyapory, Acting President of the Republic, on August 23, 2019
- Contains various sections concerning preliminary matters, discrimination in employment, minimum age for employment, work agreements, and general conditions of employment, alongside other benefits, termination of agreement, reduction of workforce, and specific workfare program funds.
Part I - Preliminary
- Defines key terms like "agreement," "basic wage or salary," "child," "collective agreement," "continuous employment," "Court," "Director-General," "emoluments," "employer," "financial year," "fortnight," "good and sufficient cause," "goods vehicle," "insolvent," "job contractor," "local authority," "Minister," "Ministry," "night work," "non-citizen," "notional hourly rate," "officer," "part-time worker," "past service," "pay period," "place of work," "productivity payment," "public holiday," "public officer," "remuneration," "Remuneration Regulations," "retirement age," "seed capital," and "severance allowance".
Part II - Measures Against Discrimination in Employment and Occupation
- Addresses discrimination in employment and occupation.
- Outlines principles against discriminatory treatment by employers, concerning distinctions, exclusions, or preferences in occupations.
- Defines "discrimination" in various contexts as treating workers differently due to their characteristics, implying equal treatment for similar work.
Part III - Minimum Age for Employment
- Sets restrictions on employing children and young persons.
- Defines permissible work for children during holidays or outside school hours.
- Enforces restrictions on work for young persons that could jeopardize their development.
Part IV - Work Agreements
- Outlines the parameters for entering into work agreements concerning the competency and full legal capacity.
- Specifies required details for work agreements outlining the particular details that employers are required to provide to employees regarding employment, within a certain timeframe.
- Defines, "Deeming agreement," "Fixed term agreement," "Part-time work agreement," and "Compromise agreement".
Part V - General Conditions of Employment
- Defines "normal working hours," including specifics for 5-day and 6-day workweeks, and limitations on maximum daily hours for workers.
- Addresses overtime work and remuneration accordingly
- Outlines "Compressed hours" and "Flexitime" as permissible work arrangements.
- Details of shift work parameters and allowances for night shift work.
Part VI - Termination of Agreement and Reduction of Workforce
- Outlines procedures for terminating agreements, addressing various scenarios, and requiring appropriate notice periods.
- Highlights protection against terminations for certain reasons or for worker's rights.
- Covers procedures in case of employment transfer, outlining the manner of termination to be justified under the Act in case of an unjustified termination.
Part VII - Workfare Programme Fund
- Establishes the Workfare Programme Fund for the purposes in this part.
- Outlines the investment decisions regarding the Workfare Programme Fund, who is responsible.
- Defines the objects in this part and payment into and out of the Workfare Programme Fund.
Part VIII - Portable Retirement Gratuity Fund
- Defines and explains the terms regarding the Portable Retirement Gratuity Fund, which details how it functions and its objectives.
- Covers eligibility criteria and procedures for joining the fund.
- Outlines payment processes.
Part IX - Gratuity on Retirement and at Death (Sub-Part I - Gratuity on Retirement)
- Establishes criteria and processes for granting gratuity upon retirement.
- Includes specific situations like work duration, retirement age, and work performance during the past years.
Part X - Entitlement of Workers in Sugar Industry
- Defines specifics regarding "employer" in relation to the sugar industry.
- Covers continuous employment for workers in the sugar industry.
- Covers workers employed by a job contractor.
Part XI - Violence at Work
- Specifically defines violence at work, which includes harassment, abuse, and intimidation in the workplace and lays out the procedures for addressing such violations.
Part XII - Administration
- Details the Labour Inspection service, covering tasks, reporting, and responsibilities.
- Specifies the record-keeping requirements for employers regarding their employees
- Covers complaint procedures, notices of compliance, and the basis for initiating and carrying out an investigation for non-compliance by the employer.
Part XIII - Miscellaneous
- Covers general responsibilities concerning no liability and responsibilities regarding all the other specific sections in the Act for a supervising officer in matters of work or employment.
- Lists offences and penalties associated with non-compliance and details of general regulations and amendments to specific acts.
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