Workers' Rights Act 2019 PDF

LEGAL SUPPLEMENT 661 to the Government Gazette of Mauritius No. 87 of 23 August 2019 THE WORKERS’ RIGHTS ACT 2019 Act No. 20 of 2019 I assent PARAMASIVUM PI...

LEGAL SUPPLEMENT 661 to the Government Gazette of Mauritius No. 87 of 23 August 2019 THE WORKERS’ RIGHTS ACT 2019 Act No. 20 of 2019 I assent PARAMASIVUM PILLAY VYAPOORY 23 August 2019 Acting President of the Republic ________________ ARRANGEMENT OF SECTIONS Section PART I – PRELIMINARY 1. Short title 2. Interpretation 3. Application of Act PART II – MEASURES AGAINST DISCRIMINATION IN EMPLOYMENT AND OCCUPATION 4. Application of Part II 5. Discrimination in employment and occupation 6. Consideration for full-time or permanent employment 7. Promotion PART III – MINIMUM AGE FOR EMPLOYMENT 8. Restriction on employment of children 9. Employment of young persons PART IV – WORK AGREEMENTS Sub-Part I – Competency to Enter into Agreement 10. Competency to enter into agreement Sub-Part II – Particulars of Work Agreement 11. Particulars of work agreement 662 Acts 2019 Sub-Part III – Types of Work Agreements 12. Deeming agreement 13. Fixed term agreement 14. Part-time work agreement 15. Agreement to perform part-time or full-time work 16. Compromise agreement 17. Atypical work agreement Sub-Part IV – Void Agreement 18. Void agreement Sub-Part V – Employment of Worker Under an Agreement or More Than One Agreement Not Interrupted 19. Continuous employment PART V – GENERAL CONDITIONS OF EMPLOYMENT Sub-Part I – Hours of Work and Basic Hourly Rate Section A – Hours of work 20. Normal working hours 21. Compressed hours 22. Flexitime 23. Shift work 24. Overtime Section B – Basic hourly rate 25. Notional calculation of basic hourly rate Sub-Part II – Remuneration Section A – Equal remuneration for work of equal value 26. Equal remuneration for work of equal value Section B – Remuneration to worker and part-time worker 27. Payment of remuneration to worker 28. Payment of remuneration to part-time worker Section C – Joint liability of job contractor and employer as regards remuneration 29. Joint liability on remuneration Section D – Remuneration in specific circumstances 30. Payment of remuneration for work performed on public holiday 31. Payment of remuneration due on termination of agreement 32. Payment of remuneration in other specific circumstances  Acts 2019 663 Section E – Additional remuneration to compensate increase in cost of living 33. Payment of additional remuneration Section F – Restriction on deductions from worker’s remuneration 34. Restriction on deductions Sub-Part III – Failure to Pay Remuneration Section A – Protective order 35. Application for protective order 36. Grant of protective order 37. Duration of protective order 38. Order in respect of immovable property 39. Variation and discharge of protective order Section B – Wage Guarantee Fund Account 40. Wage Guarantee Fund Account 41. Payment into Wage Guarantee Fund Account 42. Redemption of claim 43. Recovery of overpayment of benefit Sub-Part IV – Other Conditions of Employment Section A – Meal allowance 44. Meal allowance Section B – Entitlement to leaves 45. Annual leave 46. Sick leave 47. Vacation leave 48. Special leave 49. Juror’s leave 50. Leave to participate in international sport events 51. Leave to attend Court Section C – Entitlement to maternity and paternity leaves 52. Maternity leave and other benefits 53. Paternity leave Section D – End of year bonus 54. End of year bonus Section E – Death grant 55. Death grant 664 Acts 2019 Section F – Other benefits 56. Meal and tea breaks 57. Medical facilities 58. Tools 59. Transport of workers 60. Communication facilities PART VI – TERMINATION OF AGREEMENT AND REDUCTION OF WORKFORCE Sub-Part I – Procedures Relating to Termination of Agreement 61. Termination of agreement 62. Termination of appointment under the Constitution 63. Notice of termination of agreement 64. Protection against termination of agreement 65. Notification of charge 66. Suspension 67. Employment following transfer of undertaking 68. Certificate of employment Sub-Part II – Severance Allowance 69. Payment of severance allowance 70. Amount of severance allowance 71. Deductions from severance allowance Sub-Part III – Reduction of Workforce and Closure of Enterprises 72. Reduction of workforce 73. Redundancy Board 74. Functions of Board 75. Organisation and sitting of Board PART VII – WORKFARE PROGRAMME FUND Sub-Part I – Workfare Programme Fund 76. Establishment of Workfare Programme Fund 77. Objects of Workfare Programme Fund 78. Payment into and out of Workfare Programme Fund 79. Contribution to Workfare Programme Fund Sub-Part II – Workfare Programme Fund Committee 80. Workfare Programme Fund Committee  Acts 2019 665 81. Functions of Workfare Programme Fund Committee Sub-Part III – Actuarial Valuation and Financial Statements of Workfare Programme Fund 82. Actuarial valuation of Workfare Programme Fund 83. Financial statements of Workfare Programme Fund Sub-Part IV – Transition Unemployment Benefit, Industrial Injury  Allowance and Recovery of Overpayment 84. Transition unemployment benefit 85. Industrial injury allowance 86. Recovery of overpayment PART VIII – PORTABLE RETIREMENT GRATUITY FUND 87. Interpretation of Part VIII 88. Establishment of Portable Retirement Gratuity Fund 89. Object of Portable Retirement Gratuity Fund 90. Eligibility to join Portable Retirement Gratuity Fund 91. Administration of Portable Retirement Gratuity Fund 92. Payment into and out of Portable Retirement Gratuity Fund 93. Individual account in respect of every worker or self-employed 94. Contributions to Portable Retirement Gratuity Fund 95. Contributions for past services 96. Shortfall or surplus of contributions 97. Joint liability of employer and job contractor to pay contributions 98. Circumstances in which gratuity may be granted 99. Payment of gratuity in case of employment with same employer 100. Payment of gratuity in case of employment with one or more employers 101. Recovery of contribution by Director-General 102. Information to be furnished to Director-General and administrator 103. Remittance of contributions by Director-General 104. Establishment of Portable Retirement Gratuity Fund Advisory Committee 105. Investment Committee 106. Audited accounts of Portable Retirement Gratuity Fund 107. Statement of account 108. Surcharge on late contributions or late return 666 Acts 2019 PART IX – GRATUITY ON RETIREMENT AND AT DEATH Sub-Part I – Gratuity on Retirement 109. Gratuity on retirement Sub-Part II – Gratuity at Death 110. Gratuity at death PART X – ENTITLEMENT OF WORKERS IN SUGAR INDUSTRY 111. Interpretation of Part X 112. Continuous employment of existing workers in sugar industry 113. Workers employed by job contractor PART XI – VIOLENCE AT WORK 114. Violence at work PART XII – ADMINISTRATION 115. Register of employers 116. Keeping of records 117. Labour inspection 118. Power to make enquiries 119. Power to summon 120. Complaint procedure 121. Notice of compliance PART XIII – MISCELLANEOUS 122. Protection from liability 123. Offences 124. Regulations 125. Repeal 126. Consequential amendments 127. Savings and transitional provisions 128. Commencement FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE _______________  Acts 2019 667 An Act To provide a modern and comprehensive legislative framework for the protection of workers, and to provide for matters related thereto ENACTED by the Parliament of Mauritius, as follows – PART I – PRELIMINARY 1. Short title This Act may be cited as the Workers’ Rights Act 2019. 2. Interpretation In this Act – “agreement” means a contract of employment between an employer and a worker, whether oral, written, implied or express; “basic wage or salary”, in relation to a worker, means – (a) where the terms and conditions of employment of the worker are governed by Remuneration Regulations or Wages Regulations, an arbitral award or an agreement, the basic wage or salary prescribed in the corresponding Remuneration Regulations or Wages Regulations, award or agreement, or where the employer pays a higher wage or salary, the higher wage or salary so paid, excluding any allowance by any name called, and whether paid in cash or in kind; (b) in any other case, all the emoluments received by the worker, excluding any bonus or overtime; “Board” means the Redundancy Board referred to in section 73; “child” means a person under the age of 16; “collective agreement” has the same meaning as in the Employment Relations Act; 668 Acts 2019 “continuous employment” means the employment of a worker under an agreement or under more than one agreement where the interval between an agreement and the next agreement does not exceed 28 days; “Court” means the Industrial Court; “Director-General” has the same meaning as in the Mauritius Revenue Authority Act; “earnings” – (a) means basic wages specified in any Remuneration Regulations or Wages Regulations or such wages paid by an employer; and (b) includes – (i) wages earned pursuant to sections 24 and 30; (ii) wages paid under sections 14, 17, 21, 22, 23, 27, 28, 31, 32, 33, 40, 45, 46, 47, 48, 49, 50, 51, 52(1), (4), (5) and (6) and 53; (iii) any sum of money, including commission, by whatever name called, paid to a worker, in respect of any work performed by him, in addition to the basic wages agreed upon between him and the employer, and which is related to productivity; and (iv) any allowance paid under any Remuneration Regulations or Wages Regulations; “emoluments” means any payment in money or money’s worth which is salary, wages, leave pay, fee, overtime pay, perquisite, allowance, bonus, gratuity, commission or other reward or remuneration, by whatever name called, in respect of, or in relation to, the office or employment of a worker; “employer”, subject to sections 72, 111 and 115 – (a) means a person who employs a worker and is responsible for the payment of remuneration to the worker; and  Acts 2019 669 (b) includes – (i) a job contractor; (ii) a person, other than a share worker, who shares the profit or gross earnings of another share worker; “financial year” means the period of 12 months ending on 30 June in any year; “fortnight” means any period of 14 consecutive days; “good and sufficient cause” includes – (a) illness or injury certified by a medical practitioner; (b) absence authorised by the employer; (c) absence due to participation in a lawful strike; “goods vehicle” has the same meaning as in the Road Traffic Act; “insolvent” means being placed into compulsory receivership, under administration or in liquidation; “job contractor” means a person who employs a worker to perform any work or service that the person has contracted to do or provide for another person; “local authority” has the same meaning as in the Local Government Act; “Minister” means the Minister to whom responsibility for the subject of labour and employment relations is assigned; “Ministry” means the Ministry responsible for the subject of labour and employment relations; 670 Acts 2019 “night work” means any period, whether in shift or otherwise, during which a worker is required to work or to remain at his workplace for at least 5 consecutive hours between 6 p.m. and 6 a.m.; “non-citizen” has the same meaning as in the Non-Citizen (Employment Restriction) Act; “notional hourly rate” means the hourly rate calculated in accordance with section 25; “officer” means an officer designated by the supervising officer; “part-time worker” means a worker whose normal hours of work are less than those of a comparable full-time worker; “past service” means service with the employer for the period commencing from the date the worker is employed by the employer up to the date preceding the date of the commencement of this Act; “pay period” means the period during which remuneration is paid under section 27; “place of work” means a place where work is performed under an agreement; “productivity payment” – (a) means any sum of money, by whatever name called, paid to any category of worker in respect of work performed by him, over and above or in addition to the basic work agreed upon between him and his employer, and related to productivity; but (b) does not include payment of attendance bonus equivalent to a maximum of 10 per cent of the worker’s basic wages, meal allowance, transport allowance or any other allowances or payment not related to productivity;  Acts 2019 671 “public holiday” has the same meaning as in the Public Holidays Act; “public officer” has the same meaning as in the Constitution; “remuneration”, subject to section 40(3) – (a) means all emoluments, in cash or in kind, earned by a worker under an agreement; and (b) includes – (i) any sum paid by an employer to a worker to cover expenses incurred in relation to the special nature of his work; (ii) any money to be paid to a job contractor for work by the person employing the job contractor; and (iii) any money due as a share of profits; “Remuneration Regulations” or “Wages Regulations” has the same meaning as in the Employment Relations Act; “retirement age” means the date on which a worker attains the age of 65; “seed capital” means an amount funded from the Workfare Programme Fund to provide for default payment of wages, unpaid contribution under sections 94 and 95 and for partial payment of contribution for SMEs or otherwise as may be prescribed; “severance allowance” means an amount of money calculated in accordance with section 70; “share worker” means a person who – (a) is remunerated, wholly or partly, by a share in the profits of the enterprise for which he works, or gross earnings of an enterprise obtained from the work done by him; but (b) is not the owner of the main equipment, premises and materials used in the enterprise for which he works; 672 Acts 2019 “shift work” means work organised in 2 or more shifts during a period of 24 consecutive hours; “shop” means a place where any wholesale or retail trade or business is carried on; “SME” has the same meaning as in the Small and Medium Enterprises Act 2017; “stipulated hours” means the hours of work specified in section 20(1)(a) and (b) and (4)(a) or such lesser number of hours of work as may be specified in an agreement; “supervising officer” means the supervising officer of the Ministry; “threatening behaviour” means any behaviour or declaration of intention to use force on, or to intimidate, a worker; “trade or business” means any occupation, calling, trade, business, profession, industry, service or other commercial activity; “trade union” has the same meaning as in the Employment Relations Act; “Transition Unemployment Benefit” means the unemployment benefit referred to in section 84; “Tribunal” means the Employment Relations Tribunal established under the Employment Relations Act; “undertaking” includes – (a) any economic, technical, commercial, financial or service activities by way of trade or business, whether or not the trade or business is carried out for profit, in which workers are employed and the objective is to produce or provide market commodities or services of any kind; (b) any Ministry or Government department, statutory body, local authority, and any other form of organisation or body of persons or any part thereof;  Acts 2019 673 (c) a branch of an undertaking; “week” means any period of 7 consecutive days; “week day” means any day other than a public holiday; “worker”, subject to sections 17, 84, 85, 87, Part IX and section 111 – (a) means a person who enters into, or works under an agreement or a contract of apprenticeship, other than a contract of apprenticeship regulated under the Mauritius Institute of Training and Development Act, whether by way of casual work, manual labour, clerical work, or otherwise, and however remunerated; and (b) includes – (i) a part-time worker; (ii) a former worker, where appropriate; and (iii) a share worker; but (c) does not include – (i) a job contractor; (ii) a person taking part in a training scheme set up by the Government or under a joint public-private initiative with a view to facilitating the placement of jobseekers in gainful employment; (iii) except in relation to sections 5, 26, 32, 33, 34, 49, 50, 52, 53, 54 and Parts VI, VII, VIII and XI, a person whose basic wage or salary is at a rate exceeding 600,000 rupees in a year; (iv) a person performing atypical work, except in relation to sections 5, 26, 31 and 33 and Parts VI, VII, VIII, XI, XII and XIII; “year” means any period of 12 consecutive months; “young person” means a person, other than a child, who is under the age of 18. 674 Acts 2019 3. Application of Act (1) Subject to subsection (2) and to any provisions to the contrary in any other enactment, this Act shall apply to every agreement. (2) This Act shall not apply to – (a) a public officer or a local government officer, except in relation to sections 5, 26, 114, 118, 119, 120 and 123(1)(f), (2), (3) and (4); (b) a worker of a statutory body who is, or has opted to be, governed by the terms and conditions in a report of the Pay Research Bureau, except in relation to – (i) sections 5, 26(1), 55, 118, 119, 120 and 123(1)(f), (2), (3) and (4); and (ii) Parts VI and XI; (c) a worker who is employed on terms and conditions in a report of the Pay Research Bureau, except in relation to– (i) sections 5, 26(1), 55, 118, 119, 120 and 123(1)(f), (2), (3) and (4); and (ii) Parts VI and XI; (d) an atypical worker, except in relation to – (i) sections 5, 26, 31 and 33; and (ii) Parts V, VI, VII, VIII, XI, XII and XIII. (3) Nothing in this Act shall – (a) prevent an employer from – (i) remunerating a worker at a rate higher than that provided for in any Remuneration Regulations or Wages Regulations; or (ii) providing the worker with conditions of employment which are more favourable than those specified in any Remuneration Regulations or in this Act; or  Acts 2019 675 (b) authorise an employer – (i) to reduce the wages of a worker; or (ii) subject to section 57 of the Employment Relations Act, to alter the conditions of employment of the worker so as to make them less favourable. PART II – MEASURES AGAINST DISCRIMINATION IN EMPLOYMENT AND OCCUPATION 4. Application of Part II This Part shall be in addition to, and not in derogation from, the Equal Opportunities Act. 5. Discrimination in employment and occupation (1) (a) No employer shall treat, in a discriminatory manner, any worker who is in his employment. (b) No prospective employer shall treat a person in a discriminatory manner in respect of access to employment. (2) Any distinction, exclusion or preference in respect of a particular occupation based on the inherent requirements of the occupation shall not be deemed to be discrimination. (3) A person does not discriminate against another person by imposing or proposing to impose on that other person a condition, requirement or practice that has or is likely to have a disadvantaging effect, where the condition, requirement or practice is reasonable in the circumstances. (4) The matters to be taken into account in determining whether or not a condition, requirement or practice is reasonable in the circumstances include – (a) the nature and extent of the disadvantage resulting or likely to result, from the imposition or proposed imposition of the condition, requirement or practice; 676 Acts 2019 (b) the feasibility of overcoming or mitigating the disadvantage; and (c) whether the disadvantage is proportionate to the result sought to be achieved by the person who imposes, or proposes to impose, the condition, requirement or practice. (5) In this section – “discrimination” includes affording different treatment to – (a) different workers attributable, wholly or mainly, to their respective description by age, race, colour, caste, creed, sex, sexual orientation, HIV status, impairment, marital or family status, pregnancy, religion, political opinion, place of origin, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; (b) workers of a subsidiary company performing work of equal value as a worker employed by another subsidiary company of the parent company or the parent company, operating in the same line of business, on less favourable salary, terms and conditions of employment; “employment” or “occupation” includes access to vocational training, to employment and to particular occupations, and terms and conditions of employment. 6. Consideration for full-time or permanent employment (1) Where a vacancy occurs in the full-time or permanent workforce of an employer, priority of consideration for the full-time employment shall be given, as far as practicable, to a part-time worker or to a worker on determinate contract of employment in the same category and grade.  Acts 2019 677 (2) Where 2 or more workers are eligible under subsection (1), the employer shall make an offer to the more suitable worker, having regard to qualifications, merit, experience, performance and seniority. 7. Promotion (1) Where a vacancy arises in a higher grade, an employer shall, in the case of higher grade promotion among monthly-paid workers, give consideration, as far as practicable, to qualifications, merit and seniority. (2) Every employer shall post up in a conspicuous place a notice of any vacancy which may be seen by every worker at least 5 days before the promotion or selection exercise, as the case may be, is carried out. PART III – MINIMUM AGE FOR EMPLOYMENT 8. Restriction on employment of children (1) No person shall employ a child for employment or work in any occupation. (2) For the purpose of subsection (1), a child shall not be considered to be employed for employment or work where, during school holidays or outside school hours, the child remains at the place of work of his parent or assists his parent in a family business in a light job which is not harmful to his health or his development or prejudicial to his participation in a vocational orientation or training programme. 9. Employment of young persons (1) No person shall employ, or continue to employ, a young person – (a) in work which, by its nature, or the circumstances in which it is carried out, is likely to jeopardise his health, safety, or physical, mental, moral or social development; or 678 Acts 2019 (b) after being notified in writing by the supervising officer that the kind of work for which he is employed is unsuitable, or is likely to interfere with his education. (2) Every employer shall keep a record of every young person employed by him, stating, in the record, his full name, address, date of birth and such other details as may be prescribed. PART IV – WORK AGREEMENTS Sub-Part I – Competency to Enter into Agreement 10. Competency to enter into agreement A person who is of the age of 16 or more shall be competent to enter into an agreement and shall, in relation to the agreement and to its enforcement, be deemed to be of full age and capacity. Sub-Part II – Particulars of Work Agreement 11. Particulars of work agreement Every employer shall provide to every worker engaged for more than one month, a written statement of particulars of employment in the form set out in the First Schedule, or in such other form as may be prescribed, in the French or Creole language, within 14 days of the completion of the first calendar month, and a copy of the statement shall be submitted to the supervising officer within 30 days. Sub-Part III – Types of Work Agreements 12. Deeming agreement Where a worker is – (a) required to report at, or is conveyed to, a place of work by his employer or agent of the employer; and (b) found fit and willing to perform the work for which he was required to report or conveyed, the worker and the employer shall be deemed to have entered into an agreement.  Acts 2019 679 13. Fixed term agreement (1) Notwithstanding subsection (4), an employer may enter into an agreement with a worker for a specified period of time in relation to the temporary needs of the employer – (a) for the performance and completion of a specific piece of work which is temporary and non-recurring; (b) in respect of any work or activity which is of a temporary, seasonal or short-term nature or short-term work arrangements that are normally project related and aligned to changes in the product market; (c) in replacement of another worker who is on approved leave or suspended from work; (d) for the purpose of providing training to the workforce; (e) for a specific training contract; or (f) in accordance with a specific work or training scheme set up by the Government or a statutory body for a determinate duration. (2) Subsection (1) shall not apply to – (a) the exclusion of limitations of the rights of a worker; or (b) the deprivation of the right of a worker to permanent employment. (3) Where a worker is employed on a fixed term contract, the worker shall be informed in writing by his employer of the specific skills required, the specific tasks to be carried out and the duration thereof. (4) A worker, other than a migrant worker, who is employed in a position which is of permanent nature, shall not be employed on a contract of fixed duration for the performance of work relating to the fixed, recurring and permanent needs of the continuous normal business activity of the employer. 680 Acts 2019 (5) Where a worker is employed on a fixed term contract, his terms and conditions of employment shall not be less favourable than those of a worker employed on an indeterminate contract performing the same or similar work, having regard where relevant, whether they have a similar level of qualifications, skills or experience. (6) A worker employed on a fixed term contract shall be deemed to be in continuous employment where there is a break not exceeding 28 days between any 2 fixed term contracts. (7) An employer shall inform a worker employed on a fixed term contract of any vacancy of a permanent nature in the same category and grade to his current employment. 14. Part-time work agreement (1) A full-time worker is considered as a comparable full-time worker in relation to a part-time worker where – (a) both workers are – (i) employed by the same employer and based at the same establishment; and (ii) engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification, skills and experience; or (b) there is no full-time worker in the same establishment, but there is a comparable full-time worker based at a different establishment. (2) A part-time worker shall not be treated by his employer less favourably than a comparable full-time worker – (a) as regard the terms of his contract; or (b) by being subjected to any other detriment by his employer.  Acts 2019 681 (3) In determining whether a part-time worker has been treated less favourably than a comparable full-time worker, the pro-rata principle in terms of hours of work shall be applied. (4) Where a part-time worker is paid remuneration for extra work in a period at a rate lower than the rate payable to a comparable full-time worker who performs extra work in the same period, he shall not be regarded as being treated less favourably than the comparable full-time worker to the extent that the total number of hours worked by the part-time worker in the period, including overtime, does not exceed the number of hours the comparable fulltime worker is required to work in the period, excluding absences from work and overtime. (5) Where a worker employed on a part-time contract considers that he should have been classified as a full-time worker, he may apply to the Court for an order to that effect. (6) In this section – (a) a worker is a full-time worker where he is paid by reference to the time he works, whether on normal or stipulated hours, and having regard to the custom and practice of the employer in relation to workers employed by the employer under the same type of contract; and (b) a worker is a part-time worker where he is paid by reference to the time he works and, having regard to the custom and practice of the employer in relation to a comparable full-time worker. 15. Agreement to perform part-time or full-time work (1) A full-time worker may enter into an agreement with an employer to perform part-time work where the agreement – (a) is in writing and for a specified period of time; and 682 Acts 2019 (b) provides for the option to the worker to revert to full-time work at the expiry of the specified period of the part-time work. (2) A part-time worker may enter into an agreement with an employer to perform full-time work where the agreement – (a) is in writing; and (b) where appropriate, provides for the option to the worker to revert to part-time work. 16. Compromise agreement (1) A worker may make a compromise agreement with his employer in resolution of a dispute concerning his termination of employment or short payment or non-payment of wages where the worker has received advice from a relevant independent adviser as to the terms of the agreement and its effect on the claim of the worker to be sued in Court. (2) A compromise agreement shall not be valid where – (a) the relevant agreement was not vetted by an independent adviser; or (b) the independent adviser was a party to the matter for the employer. (3) Where an employer fails to comply with a compromise agreement, any payment due to the worker under the agreement may be claimed in Court. (4) In this subsection (1) – “relevant independent adviser” means – (a) a qualified law practitioner; (b) an officer or a member of a registered trade union; (c) an officer of the Ministry.  Acts 2019 683 17. Atypical work agreement (1) Subject to section 3(2)(d), a person, other than a worker employed on a standard agreement, who performs work for, and is paid remuneration by, an employer, shall be a worker performing atypical work. (2) The Minister may, for the purpose of this section, make such regulations as he thinks fit. (3) In this section – “worker” – (a) means an atypical worker; and (b) includes – (i) a homeworker; (ii) an online platform worker; or (iii) a worker, other than a homeworker or an online platform worker, who may work for one or more employers at the same time and who chooses when, where and how to work. Sub-Part IV – Void Agreement 18. Void agreement (1) No worker shall be bound by virtue of an agreement to be responsible for an act or omission of any other person. (2) No person shall enter into an agreement where remuneration is to be paid at intervals of more than one month. (3) Any agreement which contains a provision inconsistent with subsection (1) or (2) shall, to the extent of the inconsistency, be void. 684 Acts 2019 (4) Subject to section 57 of the Employment Relations Act, an agreement by a worker to relinquish any of his rights under this Act shall be void. (5) Where a worker is required to perform task work or piece work, his employer or an agent of the employer shall, before the work is commenced, inform the worker of the nature of the task he is required to perform and the rate at which he shall be remunerated for that work. Sub-Part V – Employment of Worker Under an Agreement or More Than One Agreement Not Interrupted 19. Continuous employment The continuous employment of a worker shall not be deemed to have been interrupted – (a) by the worker’s absence from work – (i) on any leave taken in accordance with this Act or any other enactment, an agreement, a collective agreement or an award; (ii) due to suspension from employment; (iii) by reason of participation in a strike which is not unlawful under the Employment Relations Act; or (iv) with the consent of his employer; (b) on account of the limited number of days worked as specified in the agreement of a part-time worker; (c) where the worker has been detained pending a police enquiry and he has been released before a period of 60 days from the last day he worked; or (d) where the worker ceases to be in the employment of one employer and enters the employment of another employer pursuant to section 67.  Acts 2019 685 PART V – GENERAL CONDITIONS OF EMPLOYMENT Sub-Part I – Hours of Work and Basic Hourly Rate Section A – Hours of work 20. Normal working hours (1) Subject to subsection (2) and to any other enactment, the normal working week for every worker, other than a part-time worker or garde malade shall consist of 45 hours of work, excluding time allowed for meal and tea breaks, made up as follows – (a) where the worker is required to work on 5 days in a week, 9 hours’ work on any 5 days of the week, other than a public holiday; (b) where the worker is required to work on 6 days in a week – (i) 8 hours’ work on any 5 days of the week other than a public holiday; and (ii) 5 hours’ on one other day of the week other than a public holiday. (2) Subject to the operational requirements of the employer, the normal working week of any worker may begin on any day of the week. (3) No worker, other than a garde malade, shall, except in special circumstances and subject to any other enactment, be required to work for more than 12 hours per day. (4) The normal day’s work of a garde malade, other than a part-time worker – (a) shall consist of 12 hours’ actual work, excluding time allowed for meal and tea breaks; and (b) may begin on any day of the week, whether a public holiday or not. 686 Acts 2019 (5) (a) A worker shall be entitled to a rest day of at least 24 consecutive hours in every period of 7 consecutive days. (b) Subject to paragraph (c), the rest day referred to in paragraph (a) shall be a Sunday. (c) Where, by nature of his operational requirements, an employer operates on a 7-day week, the rest day shall, at least twice a month, be a Sunday. (6) No person shall employ a young person in an undertaking between 10 p.m. and 5 a.m.. (7) Every worker shall be entitled to a rest of not less than 11 consecutive hours in any day. (8) Where, by his agreement a worker is required to work for 6 days in a week as provided in subsection (1)(b), the employer shall pay the worker a full day’s remuneration on the day on which the worker is required to stop work after 5 hours’ work as agreed upon between him and his employer. 21. Compressed hours Where an employer requires a worker to perform piece work, task work or work of a similar method of work, the worker shall be deemed to have performed a day’s or a week’s work where he completes the piece work, task work or other work within a shorter period of time and he shall be paid wages due for the whole day or week, as the case may be. 22. Flexitime (1) An employer may request a worker to work on flexitime. (2) Where an employer makes a request under subsection (1), the worker may accede to that request. (3) Subject to subsection (5), a worker shall be entitled to request to work on flexitime to care for his child where the child is below school age or the child has an impairment.  Acts 2019 687 (4) Where a worker makes a request to work on flexitime, his employer shall inform him, in writing within 21 days of the date of the request, whether or not it has been granted. (5) The employer shall, unless there are reasonable business grounds to refuse, grant the request. (6) Where a worker is entitled to work on flexitime, the employer shall establish – (a) a core period of the day during which the worker shall be at work; and (b) a period of time within which work shall be performed. (7) In this section – “reasonable business grounds” means – (a) an inability to reorganise work; or (b) a detrimental impact on quality or performance; “school age” means the age of 4. 23. Shift work (1) Subject to this Act, an employer may request a worker to work on shift work. (2) An employer shall not, without a worker’s consent, require the worker to work on shift work – (a) for more than 8 hours in a day; (b) at night on more than 5 consecutive nights, except in such sector or industry as may be prescribed. (3) Where a female worker who may be required to perform night shift work produces a medical certificate certifying that she is pregnant, her employer shall not require her to perform night shift work during a period of at least 8 weeks before confinement. 688 Acts 2019 (4) Shift work shall be scheduled on a monthly basis. (5) (a) A copy of the monthly schedule of duty worked out on a roster basis indicating the date and time at which a worker shall attend duty shall be handed over to the worker. (b) The monthly schedule of duty shall be posted up in a conspicuous place at the place of work at least one week before the schedule is due to take effect and a copy thereof handed to each worker concerned. (6) Where a worker is employed on shift work, he shall be paid an allowance of 15 per cent of his basic wage in addition to his normal day’s wage for work performed during night shift. 24. Overtime (1) Subject to subsections (3) and (4) – (a) a worker and an employer may agree on the number of hours of work to be performed in excess of the stipulated hours where the exigencies of an enterprise so require; (b) no employer shall require a worker to perform work in excess of the stipulated hours unless he has given, as far as is practicable, at least 24 hours’ notice to the worker of the extra work to be performed. (2) A worker who does not wish to work in excess of the stipulated hours on a particular day shall, at least 24 hours in advance, notify his employer of his intention. (3) Subject to subsection (5), where a worker works on a public holiday, the employer shall remunerate him in respect of any work done – (a) 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 week day;  Acts 2019 689 (b) after normal working hours, at not less than 3 times the rate at which the work is remunerated when performed during the normal hours on a week day. (4) Subject to subsection (5), where a worker works on a week day for more than the normal working hours, the employer shall, in respect of the extra work, remunerate the worker for each extra hour at not less than one and a half times the rate at which the work is remunerated when performed during the normal hours. (5) An agreement shall stipulate that the remuneration provided for in the agreement includes payment for work on public holidays and overtime where – (a) the maximum number of public holidays; and (b) the maximum number of hours of overtime on week days and public holidays, covered by the remuneration are specified in writing in the agreement. (6) For the purpose of subsection (5), the monthly or hourly basic salary shall be clearly specified in the agreement. (7) Subject to subsection (4), where a worker is required to perform extra work immediately after a normal day’s work, he shall be granted a rest period of at least 10 minutes with pay before performing the extra work. (8) In this section – “normal hours” includes stipulated hours. Section B – Basic hourly rate 25. Notional calculation of basic hourly rate For the purpose of determining the basic hourly rate due for extra work or any other reason, except where expressly provided in an enactment – (a) a month shall be taken to consist of – (i) 26 days in the case of a worker employed on a 6-day week; and 690 Acts 2019 (ii) 22 days in the case of a worker employed on a 5-day week; (b) a day shall be deemed to consist of – (i) 8 hours’ work in the case of a worker employed on a 6-day week; (ii) 9 hours’ work in the case of a worker employed on a 5-day week; or (iii) 12 hours’ work in the case of a garde malade. Sub-Part II – Remuneration Section A – Equal remuneration for work of equal value 26. Equal remuneration for work of equal value (1) (a) Every employer shall ensure that the remuneration of a worker shall not be less favourable than the remuneration of another worker performing work of equal value. (b) Where an employer has recourse to the services of a job contractor, the job contractor shall ensure that the remuneration of any worker employed by him shall not be less favourable than the remuneration of a worker employed by the principal employer and performing work of equal value. (2) The following criteria shall apply in determining whether there exists an element of discrimination, based on the sex of a worker or between workers of the same sex for any work or class of work payable under any agreement – (a) the rates and types of remuneration shall be based on an objective job evaluation of the work performed instead of on the worker’s sex or personal attributes; (b) any job classification system shall be based on objective criteria irrespective of the worker’s sex;  Acts 2019 691 (c) the work of a worker of the same or different sex shall be given the same value for a like job or a work rated as equivalent in the same employment; (d) for work which is not exclusively or predominantly performed by female workers, the extent to which – (i) the work or class of work calls for the same, or substantially similar degrees of skill, effort and responsibility; and (ii) the conditions under which the work is to be performed are the same or similar; (e) for work which is exclusively or predominantly performed by female workers, the rate of remuneration that would be paid to male workers with the same or substantially similar skill, responsibility, and service performing the work under the same or substantially similar conditions and with the same or substantially similar degree of effort. Section B – Remuneration to worker and part-time worker 27. Payment of remuneration to worker (1) Every employer shall pay remuneration to a worker at monthly intervals, unless the parties agree to payment at shorter intervals. (2) Every employer shall pay remuneration directly to every worker – (a) in legal tender only, unless there is a written agreement between the parties for payment by cheque or into the worker’s bank account; (b) during working hours at the place of work, when paid in legal tender or by cheque; and 692 Acts 2019 (c) in any other case not later than on the last working day of the pay period. (3) Every employer shall – (a) issue to every worker, at the time of paying remuneration, a payslip, in the form set out in the Second Schedule, which shall indicate the contribution made by the employer to the Portable Retirement Gratuity Fund specified in Part VIII; and (b) cause every worker, to whom remuneration is paid in legal tender or by cheque, to sign in or affix his thumbprint in a remuneration book setting out the particulars of the remuneration paid. (4) No employer shall, in respect of the payment of remuneration – (a) restrict, by agreement or otherwise, the freedom of a worker to determine where and how his remuneration is to be spent; or (b) pay, require or permit remuneration to be paid in a shop, or cause or allow the owner of the shop or his representative or any person employed by him, to pay remuneration due to the worker, unless the worker is employed to work in the shop. (5) Where a worker is required to replace another worker drawing a higher remuneration and to perform the same level of work as the other worker, he shall be paid the remuneration corresponding to the initial salary in the salary scale, if any, of the other worker or the salary drawn by the other worker, whichever is applicable. (6) Where a claim of non-payment or short payment of wages is made to the Court, the Court may, where it thinks fit, order an employer to pay interest at a rate not exceeding 12 per cent in a year on the amount of remuneration due from the date of non-payment or short payment to the date of payment.  Acts 2019 693 28. Payment of remuneration to part-time worker (1) Every employer shall pay to a part-time worker not less than the basic wage or salary prescribed in any enactment or specified in a collective agreement except where the enactment overrides the agreement, for the category or grade in which he is employed, whichever is higher, calculated proportionately on the notional hourly rate and increased by not less than 5 per cent. (2) Where no basic wage or salary is prescribed in an enactment or specified in a collective agreement, every employer shall pay to a part-time worker not less than the basic wage or salary of a comparable full-time worker, calculated proportionately on the notional hourly rate and increased by not less than 5 per cent. Section C – Joint liability of job contractor and employer as regards remuneration 29. Joint liability on remuneration (1) Subject to subsection (2), a job contractor and the principal, for whom the job contractor has recruited or employed a worker, shall be jointly and severally liable for the payment of the remuneration of the worker and for the conditions of employment of the worker, including their safety, health and welfare. (2) The liability of the principal of a job contractor under subsection (1) shall be limited to the sum payable by him to the job contractor under the arrangement between them. (3) No person who is jointly liable with a job contractor under subsection (1) may set up as a defence to a claim from a worker seeking to recover remuneration the fact that he has already paid to the job contractor any sum due under the arrangement with the job contractor. (4) Subject to subsection (5), every worker employed by a job contractor shall, for securing payment of his remuneration, have the same privileges, in respect of the property of the principal, as he would have had if he had been directly employed by the principal without the intervention of the job contractor. 694 Acts 2019 (5) Any amount recoverable under subsection (4) shall not exceed the amount payable by the principal to the job contractor under subsection (2). Section D – Remuneration in specific circumstances 30. Payment of remuneration for work performed on public holiday (1) Every worker shall be entitled to a normal day’s pay in respect of every public holiday, other than a Sunday, that occurs on any of his normal working days. (2) Where a worker is required to work on a public holiday, other than a Sunday, he shall be paid, in addition to the normal day’s pay provided for under subsection (1), any remuneration due under section 24. (3) Any agreement by a worker to relinquish his right to a paid public holiday or to forego such leave shall be void. 31. Payment of remuneration due on termination of agreement (1) Subject to subsection (2), every employer shall pay any remuneration due to a worker on the termination of the worker’s agreement. (2) Where the parties to an agreement are deemed to have entered into a fresh agreement, the employer shall, not later than 2 working days after the expiry of the previous agreement, pay to the worker the remuneration due under the previous agreement. (3) Where notice of termination of an agreement has been given under section 63, the employer shall, on or before the date of expiry of the notice, pay to the worker any remuneration due under the agreement. (4) Where an agreement is terminated otherwise than by notice under section 63, or on expiry of the period for which the agreement was agreed to last, the employer shall pay to the worker any remuneration due on the termination of the agreement. (5) Where an agreement is terminated by an employer otherwise than on the ground of misconduct, and at the time of termination the worker has not taken the annual leave to which he is entitled to under section 45  Acts 2019 695 or any other enactment or any agreement, the employer shall, in lieu of the remaining annual leave, pay to the worker such remuneration which he would have been entitled to if his agreement was not terminated. 32. Payment of remuneration in other specific circumstances (1) An employer shall pay to a worker – (a) a full day’s remuneration where – (i) the employer is unable to provide work to the worker; or (ii) due to climatic conditions, power failure, or breakdown in machinery or appliances, work has been stopped after the worker has worked for more than 2 hours; or (b) half a day’s remuneration where owing to climatic conditions, power failure or breakdown in machinery or appliances – (i) the employer is of opinion that no work can be performed; or (ii) work has been stopped before the worker has completed 2 hours of work. (2) An employer may require a worker to work temporarily for a time shorter than that specified in his agreement at a reduced remuneration, subject to the approval of the supervising officer. (3) A worker who is required to work for a shorter time as specified in subsection (2) and is paid a lower remuneration shall have the right to accept work from another employer during the time no work is provided to him. (4) Where a cyclone warning class III or IV is in force, a worker may absent himself from work and the employer shall pay remuneration to the worker at the normal rate in respect of the period of absence. 696 Acts 2019 (5) Subsection (4) shall apply until – (a) the cyclone warning class III or IV has been removed; and (b) the employer provides a means of transport to the worker to attend his place of work; or (c) public transport is available. (6) Where, by the nature of the operation of an undertaking where a worker is employed, he is required to work on a day on which a cyclone warning class III or IV is in force, the worker shall, in addition to any remuneration due to him, be entitled to – (a) an allowance equal to 3 times the basic rate per hour in respect of every hour of work performed; and (b) adequate free meals. (7) Subject to section 51, no remuneration shall be payable to, or recoverable by, a worker for any period – (a) during which the worker is in lawful custody; (b) spent by the worker in a reform institution; or (c) spent by the worker in going to, attending, or returning from, any Court. Section E – Additional remuneration to compensate increase in cost of living 33. Payment of additional remuneration (1) Subject to subsections (3), (4) and (5), every employer shall, as from the appointed date, pay to every worker in his employment, in addition to the actual wage or salary earned by the worker, such additional remuneration, as may be prescribed, to compensate him for an increase in cost of living. (2) Where the wage or salary of a worker is paid partly by one employer and partly by another, each employer shall pay that part of the  Acts 2019 697 additional remuneration which bears the same proportion to the additional remuneration as the part of the wage or salary paid by him bears to the total wage or salary. (3) Where an employer has paid, during the period 1 January to 31 December of the year, an increase in wage or salary – (a) otherwise than – (i) by virtue of the Additional Remuneration Act or Remuneration Regulations of the previous year; (ii) by way of an increment or increase on promotion; or (b) pursuant to a collective agreement or an award of the Tribunal, and such increase was specified in writing, or agreed upon by the worker, as being an increase in wage or salary designed specifically to compensate the worker for an increase in the cost of living in respect of that period, there shall be sufficient compliance with subsection (1), in case such increase is less than the additional remuneration specified in subsection (1), if the employer pays the difference. (4) Subject to subsection (6), where a worker is remunerated on a piece rate basis at rates specified in the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983 or as agreed upon, such rates shall, as from the appointed date, be increased in the same proportion as the increase of the payment of the additional remuneration on the basic wage prescribed or agreed upon, as the case may be, of the worker. (5) Subject to subsections (4) and (6), where a worker is remunerated on a piece rate basis at rates specified in any Remuneration Regulations or Wages Regulations or any other enactment, such rates shall, as from the appointed date, be increased by such appropriate rate as may be prescribed. 698 Acts 2019 (6) The piece rates specified in the enactments specified in subsections (4) and (5) shall include any previous additional remuneration under this section. (7) Where civil or criminal proceedings are instituted against an employer under this section in relation to a worker first employed by him on or after the appointed date, it shall be a defence for the employer to prove that the wage or salary paid to the worker is not less favourable than all the pecuniary payments made to any other worker of the same grade. (8) Where a worker is remunerated otherwise than on a monthly basis, it shall be deemed, for the purpose of determining the appropriate additional remuneration, that a month, a fortnight or a week shall consist of such number of days as are specified in any other enactment or agreed upon in relation to that worker. (9) The amount or percentage of additional remuneration and the appointed date for its payment shall be as may be prescribed. (10) In this section – “basic wage or salary” means – (a) (i) in relation to a worker whose basic wage or salary is prescribed, and which exceeds the national minimum wage payable to him under the National Minimum Wage Regulations 2017 under the National Wage Consultative Council Act, such basic wage or salary, whether or not the worker’s actual wage or salary exceeds the prescribed wage or salary or the worker is remunerated on a piece rate basis or employed on task work; (ii) in relation to a worker, other than a worker of an export enterprise, whose basic wage or salary is prescribed and which, prior to  Acts 2019 699 1 January 2018, was less than the national minimum wage payable to him under the National Minimum Wage Regulations 2017 under the National Wage Consultative Council Act, the national minimum wage plus such successive additional remuneration as may be prescribed; (iii) in relation to a worker of an export enterprise whose basic wage or salary is prescribed and which, prior to 1 January 2018, was less than the national minimum wage payable to him under the National Minimum Wage Regulations 2017, the national minimum wage plus such successive additional remuneration as may be prescribed; (iv) in relation to a worker in respect of whom no wage or salary is prescribed under any Remuneration Regulations or Wages Regulations or agreed upon in his contract of service, the total amount, by whatever name called, earned by him as from the appointed date; (v) in every other case and subject to the payment of the national minimum wage under the National Minimum Wage Regulations 2017 under the National Wage Consultative Council Act, the basic wage or salary agreed upon in the worker’s contract of service, whichever is higher, whether or not the worker’s actual wage or salary exceeds the agreed wage or salary or the worker is remunerated on a piece rate basis or employed on task work; and (b) includes any previous additional remuneration granted under any enactment; but (c) does not include any allowance, commission or other benefit not forming part of a worker’s wage or salary but given to him in addition to his wage or salary. 700 Acts 2019 Section F – Restriction on deductions from worker’s remuneration 34. Restriction on deductions (1) Subject to subsection (2), no employer shall deduct any amount from a worker’s remuneration, other than an amount – (a) authorised by the worker in writing which – (i) is due to the employer in recovery of an advance made on basic wages, provided the deduction does not exceed one fifth of the basic wages due for a pay period; or (ii) the worker wishes to be deducted to make any payment or contribution to any fund, body or other institution; or (b) which is deducted in accordance with any enactment or a Court order. (2) No employer shall deduct any amount from a worker’s remuneration, which in the aggregate, exceeds one half of the worker’s remuneration for any pay period. (3) No employer shall, in respect of the payment of remuneration, deduct any amount – (a) by way of fine or compensation for poor or negligent work or for damage caused to the property of the employer; (b) as a direct or indirect payment for the purpose of obtaining or retaining employment; or (c) by way of discount, interest or any charge on account of any advance of remuneration made to a worker.  Acts 2019 701 Sub-Part III – Failure to Pay Remuneration Section A – Protective order 35. Application for protective order (1) Where, after making an enquiry, the supervising officer is satisfied that an employer has failed to – (a) pay any remuneration due to a worker or a group of workers; and (b) comply with a notice issued under section 121, the supervising officer may, where he thinks fit, apply to the Judge in Chambers for a protective order, on behalf of the worker or group of workers in the amount of the remuneration due against an employer and any bank or other financial institution holding funds on behalf of the employer. (2) An application under subsection (1) shall be made where the supervising officer – (a) has lodged a case for remuneration due on behalf of the worker or group of workers before the Court; (b) has reasonable ground to believe that the employer may dispose of his property to the prejudice of the worker or group of workers to whom remuneration is due; and (c) is satisfied that the amount or value of the property is proportionate to the amount of the remuneration due. 36. Grant of protective order (1) Where the supervising officer applies to the Judge in Chambers for a protective order, and the Judge in Chambers is satisfied, having regard to any relevant evidence, that there is reasonable ground to believe that – (a) remuneration is due and there has been non-compliance with the notice issued under section 121; 702 Acts 2019 (b) the employer may dispose of his property to the prejudice of the worker or group of workers to whom remuneration is due; (c) the amount or value of the property is proportionate to the amount of the remuneration due, the Judge in Chambers may order that the property shall not be disposed of or otherwise dealt with by any person except in such manner and in such circumstances as specified in the Order. (2) Where the Judge in Chambers makes a protective order, the supervising officer shall, within 21 days of the making of the protective order, or such other period as the Judge in Chambers may direct, give notice of the order to the employer and any bank or other financial institution holding funds on behalf of the employer. 37. Duration of protective order (1) The protective order under section 36 shall remain in force for a period of 12 months. (2) The supervising officer may, on good cause shown, apply to the Judge in Chambers to extend the duration of a protective order until the Court case referred to in section 35(2)(a) is disposed of or for such period as the Judge in Chambers thinks fit. 38. Order in respect of immovable property (1) Following the grant of a protective order in respect of immovable property of a particular kind and where any enactment provides for the registration of title to, or charges over, property of that kind, the Judge in Chambers may, on application by the supervising officer, order the Registrar-General to make entries in a register which may be consulted by a notary, an attorney or any other person who can show that he has a legitimate interest to do so. (2) An order made under subsection (1) shall be registered free of any tax, duty or fee.  Acts 2019 703 (3) An order under subsection (1) may include a restriction that the property shall not, without the order of the Judge in Chambers – (a) be mortgaged or otherwise burdened; (b) be attached or sold in execution; (c) vest in the liquidator when the estate of the owner of that immovable property is sequestrated; or (d) where the owner of the property is a corporate body, form part of the assets of that corporate body where it is wound up. (4) Where an order is made under this section, the supervising officer shall – (a) cause notice of the order to be published in the next issue of the Gazette and in at least 2 newspapers having wide circulation; and (b) give notice of the order to – (i) all notaries; (ii) all banks, financial institutions and cash dealers. 39. Variation and discharge of protective order (1) Any person may apply to the Judge in Chambers for the variation and discharge of the protective order granted under section 36. (2) The Judge in Chambers – (a) may vary or discharge the protective order where necessary in the interests of justice; or (b) shall discharge the order where – (i) the remuneration due to the worker or group of workers has been paid; (ii) the court case referred to in section 35(2)(a) has been disposed of; or (iii) it is in the interest of justice to do so. 704 Acts 2019 (3) Where a protective order in respect of an immovable property is varied or discharged, the Judge in Chambers shall direct the Registrar-General to make appropriate entries in the Register of Protective Orders specified in section 38A of the Notaries Act. Section B – Wage Guarantee Fund Account 40. Wage Guarantee Fund Account (1) The Workfare Programme Fund shall hold an account to be known as the Wage Guarantee Fund Account. (2) The purpose of the Wage Guarantee Fund Account shall be to pay – (a) remuneration due to a worker up to an amount of 50,000 rupees; and (b) any amount due as may be prescribed in relation to the Portable Retirement Gratuity Fund where contributions have not been made, where an enterprise in which the worker is employed is considered to be insolvent by the Supreme Court. (3) In this section – “remuneration” means basic wage for not more than 3 preceding months, wages as indemnity in lieu of notice and end of year gratuity or bonus paid in accordance with the End of Year Gratuity Act or any other relevant enactment. 41. Payment into Wage Guarantee Fund Account There shall be paid into the Wage Guarantee Fund Account – (a) a seed capital as may be prescribed; (b) interests on investment;  Acts 2019 705 (c) any money recovered after the realisation of assets – (i) not exceeding the remuneration paid to a worker under the Wage Guarantee Fund Account; and (ii) by the Director-General in respect of non-contribution to Portable Retirement Gratuity Fund. 42. Redemption of claim (1) A worker who is not paid remuneration where his employer is insolvent shall register a complaint with the supervising officer to be entitled to unpaid remuneration. (2) Where a claim is made under subsection (1), the supervising officer shall inform the employer in writing of the amount claimed by the worker within 7 days of the date of registration of the claim. (3) The employer shall, subject to subsection (4), submit to the supervising officer the details in connection with the remuneration paid and/or due to a worker in the form set out in the Third Schedule within 7 days of the date of receipt of the claim made under subsection (1). (4) Where the supervising officer is satisfied that the claim is bona fide, he shall, within 7 days of the date of the claim, give written notice to the employer, to pay any remuneration due within 7 days. (5) Where an employer has received a notice under subsection (4), he shall inform the supervising officer – (a) of the date on which payment of remuneration will be effected to the workers; or (b) where funds are not available, of the date on which the employer intends to effect payment to the workers. (6) Where the employer fails to pay remuneration under subsection (4), the supervising officer shall, within a period of 7 days, pay to the worker from the Wage Guarantee Fund Account under section 40, any remuneration due. 706 Acts 2019 (7) The liquidator, other than the Official Receiver, a receiver, an administrator, a special administrator or any person appointed under the Insolvency Act shall, after realisation of the assets of the company – (a) inform the supervising officer of the amount available in respect of the balance of remuneration due to the worker; (b) pay the amount due to the worker up to a sum not in excess of 50,000 rupees to the Wage Guarantee Fund Account; and (c) where funds are available, pay to the worker any remaining balance in excess of 50,000 rupees as the supervising officer may determine. 43. Recovery of overpayment of benefit (1) (a) Where a person receives a benefit to which he is not entitled or which he is not qualified to receive or was disqualified from receiving, the amount of the benefit shall be recovered in accordance with paragraph (b). (b) The Director-General shall recover any benefit referred to in paragraph (a) in the same manner as income tax is recoverable under Part XI of the Income Tax Act. (2) Where any unpaid remuneration is paid into the bank account of a worker and it is subsequently found by the supervising officer that the benefit should not have been so paid, the bank shall, on written request to that effect by the supervising officer, refund the amount so paid to the Wage Guarantee Fund Account and may debit the bank account accordingly. (3) The Court may, where it thinks fit and whether or not a claim to that effect has been made, order an employer to pay interest at a rate not exceeding 12 per cent per annum on the amount of wages due from the date of non-payment or short payment of wages to the date of payment.  Acts 2019 707 Sub-Part IV – Other Conditions of Employment Section A – Meal allowance 44. Meal allowance (1) Where a worker is required to perform more than 2 hours’ extra work after having completed his normal day’s work on any day of the week, he shall, in addition to any remuneration due for overtime work, be provided by the employer with an adequate free meal or be paid a meal allowance in such amount as specified in the Fourth Schedule. (2) The meal allowance referred to in subsection (1) shall be paid not later than on the last working day of the pay period. (3) Subsection (1) shall not apply to a migrant worker where the migrant worker is being paid a meal allowance or is being provided a free meal for a value higher than what he would be entitled under this section. (4) In this section, a normal day shall be deemed to be of – (a) 8 hours for a worker employed on a 6-day week; (b) 9 hours for a worker employed on 5-day week; or (c) the number of stipulated hours specified in an agreement. Section B – Entitlement to leaves 45. Annual leave (1) Subject to subsection (11), every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while he remains in continuous employment, to 20 working days’ annual leave. (2) Every worker shall be entitled to 2 days’ leave in every year, in addition to the leave specified in – (a) subsection (1) or any other enactment; or (b) any agreement, collective agreement or award of the Tribunal or an arbitrator. 708 Acts 2019 (3) Leave specified in subsection (1) or (2) may be taken on full day, half day or such shorter period as agreed between an employer and a worker. (4) Every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 6 consecutive months and who has been present on all the working days during that period, shall be entitled to one day’s annual leave during each subsequent month up to the twelfth month, while he remains in continuous employment with the same employer. (5) Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled during each subsequent period of 12 months, to such number of days of annual leave on full pay computed in accordance with the following formula – N/W x Y, where – “N” means the number of days of work he is required to perform in a week; “W” means the number of working days in a week of a comparable full-time worker; “Y” means the number of days of annual leave to which a worker is entitled under subsection (1), any other enactment including any Remuneration Regulations or Wages Regulations, or any agreement, collective agreement or an award of the Tribunal or an arbitrator. (6) Where an employer and a worker are unable to agree as to when the leave under this section is to be taken, half of the leave period shall be fixed by the employer and the other half by the worker. (7) A worker who wishes to take more than one day’s annual leave consecutively shall, except where reasonable cause is shown, give his employer at least 48 hours’ advance written notice.  Acts 2019 709 (8) Where a worker has not taken or been granted all the leave to which he is entitled under subsection (1), (2) or (5), he shall be paid a normal day’s wage in respect of each day’s leave still due to him at the end of the period of 12 consecutive months. (9) An employer shall not, without reasonable cause, withhold the granting of leave to a worker under this section. (10) Any agreement by a worker to relinquish his annual leave entitlement under this section shall be null and void. (11) Subject to subsection (2), this section shall be subject to any other enactment, a collective agreement or an award. 46. Sick leave (1) (a) Subject to subsections (4) and (5), every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while he remains in continuous employment, to 15 working days’ sick leave on full pay. (b) Where, at the end of a period of 12 consecutive months, a worker has not taken the sick leave to which he is entitled under paragraph (a), any outstanding sick leave shall be accumulated to a maximum of 90 working days. (2) (a) Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled, during each subsequent period of 12 months, to the number of days of sick leave on full pay computed in accordance with the following formula – N/W x Y, where – “N” means the number of days of work he is required to perform in a week; 710 Acts 2019 “W” means the number of working days in a week of a comparable full-time worker; “Y” means the number of days of sick leave to which a worker is entitled under subsection (1)(a) or any other enactment including any Remuneration Regulations or Wages Regulations, or any agreement, collective agreement or award of the Tribunal or an arbitrator. (b) Where, at the end of a period of 12 consecutive months, a part-time worker has not taken the sick leave to which he is entitled under paragraph (a), any outstanding sick leave shall be accumulated up to a maximum number of days according to the following formula – N/W x 90 normal working days, where – “N” means the number of days of work he is required to perform in a week; “W” means the number of working days in a week of a comparable full-time worker. (3) Every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 6 consecutive months and who has been present on all the working days during that period shall be entitled to one day’s sick leave during each subsequent month up to the twelfth month, while he remains in continuous employment with that employer. (4) Where a worker has exhausted the sick leave provided for under subsection (1)(a) or (2)(a) and has thereafter been granted sick leave – (a) for time wholly spent in a hospital, or other medical institution; or (b) for convalescence purposes after discharge from a hospital or other medical institution, such additional sick leave duly certified by a medical practitioner may be deducted from the accumulated sick leave, under subsection (1)(b) or (2)(b) and shall be on full pay.  Acts 2019 711 (5) Where a worker absents himself on ground of illness, he shall, unless reasonable cause is shown and except where the employer is aware of the nature of the illness, notify his employer of his illness on the first day of absence. (6) Where a worker remains ill for more than 3 consecutive working days, he shall forward to his employer a medical certificate – (a) on the fourth day of absence; or (b) where the worker is admitted to a hospital or other medical institution, within 3 days of his discharge from the hospital or medical institution. (7) A medical certificate referred to in subsection (6) shall not be valid in respect of any period exceeding 3 days before the day on which it is issued. (8) (a) Every employer may, at his own expense, cause a worker who is absent on ground of illness to be examined by a medical practitioner. (b) Where a worker is required to attend a medical examination under paragraph (a), the employer shall, at his own expense, provide free transport to the worker to attend the medical examination. (c) Where a worker is bedridden, the employer may, with the consent of the worker, cause a medical practitioner to examine the worker at the residence of that worker. 47. Vacation leave (1) Subject to subsection (2), a worker, other than a migrant worker, who remains in continuous employment with the same employer for a period of at least 5 consecutive years shall be entitled to vacation leave of not more than 30 days, whether taken consecutively or otherwise, for every period of 5 consecutive years, to be spent abroad, locally or partly abroad and partly locally. 712 Acts 2019 (2) Any subsequent eligibility period of 5 consecutive years shall be computed after the worker resumes work after the vacation leave under subsection (1). (3) The vacation leave under subsection (1) shall be with pay and such pay shall, in case the worker opts to spend the vacation wholly or partly abroad, be effected at least 7 working days before the worker proceeds abroad. (4) The vacation leave under this section shall be deemed to constitute attendance at work and shall not be cumulative. (5) For the purpose of subsection (1), the computation of the period of 5 consecutive years shall start as from the date of the commencement of this Act. 48. Special leave Where a worker remains in continuous employment with the same employer for a period of 12 consecutive months, the worker shall be entitled to – (a) 6 working days’ special leave on full pay on the occasion of the celebration of his first civil or religious marriage; (b) 3 working days’ special leave on full pay on the occasion of the first civil or religious marriage of his son or daughter; and (c) 3 working days’ special leave on full pay on the death of his spouse, child, father, mother, brother or sister. 49. Juror’s leave A worker shall be granted leave with pay by his employer during the period of his absence from work pursuant to a summons issued to him to attend service as juror under the Courts Act.  Acts 2019 713 50. Leave to participate in international sport events Where a worker is selected or nominated to participate in an international sport event to represent Mauritius, the worker shall, subject to advance notice being given and documentary evidence adduced as to the duration of his absence, be granted leave with pay at his request by his employer for the duration of the event or such longer period as may be necessary. 51. Leave to attend Court (1) A worker shall be granted leave to attend Court regarding any matter in which he is a party or in which he is a witness. (2) The leave under subsection (1) shall be with pay where the worker is attending Court as representative of the employer or on its behalf. (3) For the purpose of subsection (1), an employer may require a worker to produce a certificate of attendance from the Court which the worker attended except where the worker attends Court under subsection (2). Section C – Entitlement to maternity and paternity leaves 52. Maternity leave and other benefits (1) A female worker shall, on production of a medical certificate, be entitled to 14 weeks’ maternity leave on full pay to be taken – (a) before confinement, provided that at least 7 weeks’ maternity leave shall be taken immediately following the confinement; or (b) after confinement. (2) Subject to subsection (3), where a female worker who remains in continuous employment with the same employer for a period of 12 consecutive months gives birth to a child, she shall, on production of a medical certificate, be paid, within 7 days of her confinement, a maternity allowance, in such amount as specified in the Fourth Schedule. 714 Acts 2019 (3) Where a part-time female worker remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave specified in subsection (1), she shall, on production of a medical certificate, be entitled to an allowance computed in accordance with the following formula – N/H x amount of maternity allowance specified in the Fourth Schedule, where – “N” means the number of days of work she is required to perform in a week; “H” means the number of working days in a week of a comparable full-time worker. (4) Where a female worker suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 3 weeks’ leave on full pay immediately after the miscarriage. (5) Where a female worker gives birth to a stillborn child, she shall, on production of a medical certificate, be entitled to 14 weeks’ leave on full pay. (6) Where a female worker, who has been in continuous employment with the same employer for a period of 12 consecutive months, adopts a child aged less than 12 months, the worker shall, on production of a certified copy of the relevant Court order and a copy of the act of birth of the child, be entitled to 14 weeks’ leave on full pay. (7) (a) Where a female worker referred to in subsection (1) or (3) is nursing her unweaned child, she shall, for that purpose, be entitled on a daily basis at a time convenient to her and having regard to the needs of the child to, at least – (i) 2 breaks of half-hour each; or (ii) one break of one hour.  Acts 2019 715 (b) The female worker shall be entitled to the break specified in paragraph (a) for a period of 6 months from the date of confinement or such longer period as a medical practitioner may recommend and the period of the break shall not be deducted from the number of hours of work of the worker. (8) An employer shall not require a female worker to perform work in excess of a normal day’s work for a period of at least 2 months before her confinement. (9) A female worker who is pregnant shall not, on a medical certificate produced to this effect and unless a medical practitioner certifies otherwise, be required to perform duties requiring continuous standing that may be detrimental to her health or the health of the baby. (10) An employer shall not, except with the consent of a female worker, require the female worker to work between 6 p.m. and 6 a.m. during the 12 months following her confinement. (11) An employer shall not, at any time, during the period where a female worker is on maternity leave or is nursing an unweaned child, give to the female worker notice of termination of employment for any reason, unless the grounds relates to the economic, technological, structural or similar nature affecting the employer’s activities. (12) Where, following a complaint made by, or representation received by or on behalf, of a worker, the supervising officer is of the opinion that no adequate arrangements have been made to nurse the unweaned child of a worker, the supervising officer may, after consultation with a medical practitioner, give such directions by written notice to the employer as he thinks fit. 53. Paternity leave (1) Where the spouse of a male worker, who is in the continuous employment for a period of 12 consecutive months, gives birth to a child, the male worker shall – (a) be entitled to a paternity leave of 5 continuous working days; or 716 Acts 2019 (b) where he is a part-time worker, be entitled to the number of days of leave in accordance with the following formula – N x 5 normal working days, where – W “N” means the number of days of work he is required to perform in a week; “W” means the number of working days in a week of a comparable full-time worker. (2) The entitlement of paternity leave under subsection (1) shall be subject to the production by the worker of – (a) a certificate issued by a medical practitioner certifying or notifying that his spouse has given birth to a child; and (b) a written statement signed by him that he is living with his spouse under a common roof. (3) The paternity leave referred to in subsection (1) shall begin within 2 weeks from the date of birth of the child. (4) A male worker who reckons less than 12 months’ continuous employment with an employer shall be entitled to the leave specified in subsection (1) without pay. (5) In this section – “spouse” means a person with whom the male worker has contracted a civil or religious marriage. Section D – End of year bonus 54. End of year bonus (1) (a) Where a worker remains in continuous employment of an employer for the whole or part of a year and with the same employer as at 31 December of the year, the worker shall be entitled to the payment of a bonus equivalent to one twelfth of his earnings for that year.  Acts 2019 717 (b) The bonus required under paragraph (a) shall be paid by the employer as follows – (i) a sum amounting to 75 per cent of the expected bonus required under paragraph (a) shall be paid to the worker not later than 5 clear working days before 25 December of that year; and (ii) the balance shall be paid to him not later than on the last working day of the same year. (2) Subsection (1) shall not apply to a worker whose conditions of employment are governed by the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983, the Sugar Industry (Non-Agricultural Workers) (Remuneration Order) Regulations 1985, the Field-Crop and Orchard Workers (Remuneration Order) Regulations 2008, the Livestock Workers (Remuneration Order) Regulations 2008 and the Bank Fishermen and Frigoworkers Remuneration Regulations 2016. (3) Where a worker remains in continuous employment with the same employer for only part of the year and – (a) his employment is terminated in the course of the year for any reason; or (b) he retires in the course of the year in accordance with the provisions of any agreement or enactment other than the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983 and the Sugar