Global HR Compliance in Mauritius

If you are hiring or planning to hire an international workforce, the following guide on Hiring and Firing Workforce in Mauritius will help you navigate the complexities of the country’s labour legislation.

Key Reasons for Hiring a Foreign Workforce in Mauritius

Expanding into Foreign Markets: Companies often hire sales representatives to exclusively represent and sell their products in the target market, building a local client base.
Acquiring Unique Expertise: Businesses seek foreign talent with specialised skills, particularly in IT, that are either unavailable or more costly in the home country.

Once you have identified the right candidate, the challenge is to hire and compensate them while ensuring full compliance with global workforce regulations. Additionally, you must consider whether you want to retain the talent long-term and how to do so.

Hiring Foreign Workforce in Mauritius

If you need to hire a foreign workforce in Mauritius for expansion, our Global Employer of Record (EOR) solution can assist you. We enable you to legally hire and reward your foreign employees by employing them through a global employment outsourcing service. This process is as straightforward as employing your in-house workforce, with the distinction that your employees can reside anywhere globally, with Acumen International acting as their legal employer on your behalf. We assume all employment risks and manage aspects such as bonuses, vacations, sick leave, and even office and car rentals for your foreign sales representatives if required. Our solution allows you to test new foreign markets before committing to establishing a presence, offering flexibility, reduced costs, and the ability to withdraw from less attractive markets easily.

Global Employment Expertise

Acumen International specialises in global workforce employment in Mauritius, aiming to be your single provider. Instead of dealing with multiple local staffing agencies and legal advisors, we can address your global business challenges, saving you time, costs, and resources. Our English-speaking team operates 24/7, ensuring that we can assist you regardless of time zones. Our goal is to create tailored labour solutions that are legally managed and fully compliant with local employment laws. With our in-depth local knowledge and qualified partners, you can be confident that your global workforce will meet all local tax, social security, and immigration requirements in Mauritius.

Employment Contracts in Mauritius

A person shall enter into an agreement where remuneration is to be paid at intervals of more than one month. Where a worker, other than a migrant worker, has been in the continuous employment of an employer under one or more determinate agreements for more than 24 months in a position which is of a permanent nature, the agreement shall, with effect from the date of the first agreement, be deemed to be of indeterminate duration. An employer may enter into an agreement with a worker for a specified period of time:

in respect of a specified piece of work;
in replacement of another worker who is on approved leave or suspended from work;
in respect of work and activity which are of a temporary, seasonal or short-term nature;
for the purposes of providing training to the workforce;
for a specific training contract; or
in accordance with a specific scheme set up by the Government or a statutory corporation.

An agreement shall be made in writing. Where a worker is:

required to report at a place of work, or conveyed there by his employer or his employer’s agent; and
is found fit and willing to perform the work for which he was required, or conveyed, the worker and the employer shall be deemed to have entered into an agreement.

Normal Working Hours in Mauritius

The standard workday for most workers in Mauritius (excluding part-time workers and watch persons) is 8 hours of actual work.
The workday can start on any day of the week, including public holidays.

Agreement for Additional Hours (Overtime) in Mauritius

Employers and employees can agree to work beyond the standard 8 hours per day, but this is considered overtime.
Overtime must be compensated at a rate of 1.5 times the regular hourly wage.
There is generally no limit on the total number of overtime hours an employee can work per week, as long as the overtime is voluntary and the employee is properly compensated.

Weekly Limit

The standard workweek in Mauritius is 45 hours. Any work beyond this is considered overtime.

Rest Periods

Employees are entitled to rest breaks during the workday, and the duration of these breaks depends on the length of their shift.
Employees are also entitled to a weekly rest period of at least 24 consecutive hours.

Public Holidays

Work on public holidays is often compensated at a higher rate, typically double the regular hourly wage.
Specific rules regarding public holiday work may vary depending on the industry and collective agreements.

Important Note

This is a general overview of the statutory employment regulations in Mauritius regarding working hours and employee benefits. Specific industries and employment contracts may have additional rules or variations. It is always recommended to consult the latest version of the Workers’ Rights Act 2019 and seek legal advice if you have any questions or concerns.

Annual Leave in Mauritius

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 or such similar leave under any other name. Every worker shall be entitled to 2 days’ leave every year. 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 during each subsequent month up to the twelfth month, while he remains in continuous employment with the same employer, to one day’s annual leave up to a maximum of 6 days’ annual leave. 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.

Parental Leave in Mauritius

Female workers employed for at least 12 months are entitled to 14 weeks of paid maternity leave, of which 7 weeks must be taken after childbirth. The remaining 7 weeks can be taken before the birth. A medical certificate is required. Male workers (excluding part-time) are entitled to 5 working days of paternity leave, paid if employed for at least 12 months, unpaid otherwise. This leave must be taken within 2 weeks of the child’s birth. Additionally, adoptive mothers are entitled to 14 weeks of paid adoption leave, and workers earning a monthly basic salary of MUR 50,000 or less can take up to 10 paid days per year to care for a sick child, parent, or grandparent.

Sick Leave in Mauritius

Sick Leave for Full-Time Workers

Full-time workers who have been continuously employed with the same employer for 12 months are entitled to 15 working days of paid sick leave per year.
Unused sick leave can be accumulated up to a maximum of 90 working days.

Sick Leave for Part-Time Workers

Part-time workers who have been continuously employed with the same employer for 12 months are entitled to paid sick leave proportionate to their working hours.
The exact calculation for proportionate sick leave is based on the ratio of the part-time worker’s hours to a full-time worker’s hours.

Medical Certificate

A medical certificate is required if a worker is absent for more than 3 consecutive days due to illness.

Additional Information

The right to sick leave begins after 6 months of continuous employment. In the first 6 months, employees accrue one day of sick leave for each month worked, up to a maximum of 6 days.

Overtime in Mauritius

While employers and workers can agree on overtime hours if the nature of the work requires it, employers must generally provide at least 24 hours’ advance notice for overtime work, except in unforeseen circumstances.

Additionally:

Overtime is any work performed beyond the standard 45-hour workweek.
Overtime rates are 1.5 times the regular hourly rate for work on normal days and double the regular rate for work on Sundays and public holidays.
Workers generally have the right to refuse overtime unless their employment contract specifies otherwise or exceptional circumstances arise.
If overtime work extends more than two hours past the regular shift, employers must provide a free meal or a meal allowance.

For further information and specific regulations, refer to the Workers’ Rights Act 2019.

State Minimum Salary in Mauritius

Monthly Rate: The minimum wage is now set at a monthly rate rather than a weekly rate.
Salary Compensation: The Rs 16,500 monthly amount includes salary compensation for 2024, which has been determined at 10% of the basic salary, with a minimum of Rs 1,500 and a maximum of Rs 2,000.
Regular Reviews: The government reviews the minimum wage regularly to ensure it keeps pace with inflation and the cost of living.
Enforcement: The Ministry of Labour, Human Resource Development, and Training is responsible for enforcing the minimum wage regulations.

13th and 14th Salary in Mauritius

In Mauritius, there is a statutory requirement for a 13th-month salary, also known as an end-of-year bonus. This is typically paid in December.

There is no legal requirement for a 14th-month salary, although some companies may offer it as an additional benefit. There has been political discussion and debate about potentially introducing a mandatory 14th-month salary for employees earning below a certain threshold, but as of now, no such legislation has been enacted.

Termination of Employment Agreement in Mauritius

Determinate Agreements (Less than 24 Months): These contracts automatically terminate on the last day specified in the agreement.
All Agreements: Can be terminated on the last day of the agreed-upon period by either the employer or the worker.

Termination due to Absence (First Time)

An employer cannot terminate a worker’s contract for being absent for more than 2 consecutive working days without a valid reason unless the employer has:

Sent a written notice to the worker:
- Either by registered mail with acknowledgement of receipt
- Or delivered directly to the worker’s residence
The notice must require the worker to return to work within a specified timeframe, which cannot be less than 24 hours from the worker receiving the notice.
The worker fails to resume their employment within the specified timeframe.

Important Considerations

Notice Period: The general notice period for termination of employment varies based on the worker’s length of service. It can range from one week to three months.
Severance Pay: Employees who have worked for at least three years are entitled to severance pay upon termination, except in cases of dismissal for serious misconduct.
Unfair Dismissal: Workers have the right to challenge a dismissal they believe to be unfair.

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