Employment contracts and getting ready for a labour inspection in Mauritius

What must the written statement of particulars contain?

Section 11 applies to every worker engaged for more than one month. You give the worker a written statement of particulars of employment, in French or Creole, within 14 days of the end of their first calendar month. Within 30 days, you submit a copy to the supervising officer.

The statement uses the form in the First Schedule, or another form if one is prescribed. The employer dates and signs it. It covers:

• the employer's name, address and nature of activity
• the employer's national pensions registration number
• the employer's Business Registration Number or National Identity Card number
• the worker's name, gender, date of birth and address, with the district
• the worker's National Identity Card number, or passport number for a non-citizen
• the date the agreement starts
• the place of work
• the grade, class or category of employment
• the rate and details of pay
• how often pay is made
• the normal hours of work

Keep a signed copy for each worker. If a field is blank on yours, fill it in before anyone asks for it.

When can you use a fixed-term contract?

Section 13 lets you employ someone for a set period to meet a temporary need. The Act lists the cases:

• a specific piece of work that is temporary and won't recur
• work that is temporary, seasonal or short term, including project work tied to changes in the product market
• replacing a worker who is on approved leave or suspended
• training your workforce
• a specific training contract
• a work or training scheme of fixed length set up by the Government or a statutory body

A fixed-term contract can't be used to limit a worker's rights or to deny them permanent employment. A worker in a permanent position can't be put on a fixed-term contract for work that meets the fixed, recurring and permanent needs of your normal business. Migrant workers are the exception to that rule.

You tell the worker in writing which skills are needed, which tasks they will carry out and how long the contract lasts. Their terms and conditions can't be less favourable than those of a worker on an indefinite contract doing the same or similar work, taking into account qualifications, skills or experience where relevant.

If there is a break of 28 days or less between two fixed-term contracts, the worker is treated as being in continuous employment. You also have to tell fixed-term workers about any permanent vacancy in the same category and grade as their current job.

Paying wages and payslips

Section 27 says you pay wages at monthly intervals, unless you and the worker agree on shorter ones. You pay the worker directly, in cash only, unless there is a written agreement to pay by cheque or into the worker's own bank account. Cash and cheque payments are made during working hours at the place of work. Other payments must arrive no later than the last working day of the pay period.

Each time you pay, you give the worker a payslip in the form of the Second Schedule. It shows:

• the pay period, the employer's name and NPF registration number
• the worker's name, National Identity Card number, date of entry and category
• the basic rate of pay, days present at work and days of leave taken
• accumulated leave as at January
• hours of extra work at 1.5, 2 and 3 times the rate, and what they were paid
• allowances, piece rate earnings and total remuneration
• each deduction and the reason for it
• net pay
• the employer's contribution to the Portable Retirement Gratuity Fund

Workers paid in cash or by cheque must also sign, or put their thumbprint, in a remuneration book that sets out what they were paid.

Which records must an employer keep?

Section 116 requires every employer to keep:

• a register of workers, with each worker's name, date of birth, date of employment, and the nature and conditions of their work
• a record of remuneration paid, with the days or periods worked and the pay and other benefits given
• an inspection report book
• any other records that regulations prescribe

Keep them for at least 3 years. They can be electronic. When an officer asks, you must produce them, sign any entry the officer makes in the inspection report book, and send the supervising officer any details they request.

What can a labour inspector do?

Under section 118, the supervising officer can:

• enter a place of work without notice. Premises used only as a home need the occupier's permission.
• examine and make enquiries to check the Act is being followed
• interview you, your representative and any of your staff about the Act and other labour laws, and they must answer
• ask you to produce any book, record or document about terms and conditions of employment
• make you put up any notices the law requires
• ask you for written details of a worker's pay, terms, name, address, date of birth, start date and category
• ask you to provide the facilities and help needed for the visit

The officer tells you or your representative they are there, unless neither of you is around or they think telling you would get in the way of the job. They can call the police if they expect serious obstruction. Getting in the officer's way, refusing a request or a question, or keeping a worker from being seen is an offence.

If, after an enquiry, the officer believes you haven't complied, section 121 lets them serve a notice of compliance. It names you, the provision you breached and the penalty. You can appeal to the Court within 7 days of receiving it. If you don't appeal, or the Court upholds the notice, you have 14 days to comply. Missing that date is an offence, and the officer can ask the Court for a compliance order.

Before an inspection, check that

1. every worker engaged for more than a month has a signed statement of particulars, in French or Creole, with a copy sent to the supervising officer
2. every fixed-term worker has written details of the skills, tasks and duration, and the contract fits one of the purposes in section 13
3. you have a written agreement on file for every worker paid by cheque or bank transfer
4. every payslip follows the Second Schedule and shows the PRGF contribution
5. workers paid in cash or by cheque have signed the remuneration book
6. the register of workers is complete and up to date
7. the record of remuneration shows days worked, pay and benefits for each worker
8. the inspection report book is on hand, along with the last 3 years of records
9. someone on site knows where the records are and can produce them

What are the penalties?

Section 123 lists the offences. They include not crediting a worker with full pay, making false entries in records, producing false documents, keeping a worker from the supervising officer, and breaching section 27 on payment of wages or section 118(4) on obstruction.

Where no specific penalty applies, the Act sets a fine of up to Rs 25,000 and up to 2 years' imprisonment. The Court can also order you to comply within a set time. Ignoring that order carries a further fine of up to Rs 10,000.

This guide summarises the Act. It is not legal advice for a specific case.

Common questions