1|Page

Protection afforded to employees is important to be safeguarded by a caring

Government.

Introduction: Separation of power

We have to first take a look what exactly is a Government and a Law?The
Oxford Dictionary Defines It as a group of people with the authority to govern
a country or state.The purpose of the Governement is 1.establish the law. And
Law is defined as a set of rule made by the legislature. Hence, Government
made rules to protect employees called “ Employment law”. 2. Maintain order
and security. 3. Protecting the citizens 4. Support economic system of the
country 5. Promote general welfare.
Looking further on how Government works we can see there is what is called,
Separation of power. Its main aim is to prevent majority to achieve absolute
power and to protect freedom of all. Separation divides tasks of the state into
3 organs :
1. Lesgislative – Responsible for enacting laws and supervision.
2. Executive – Responsible for implementation of laws.
3. Judicial – Ensuring that laws are complied.
The idea behind separation of power is that no branch should have more
power than the other. To create a balance of power among all the branches,
each separate Government branch have certain check on the other. Let us take
a brief look on how Executive implement laws. First of all, a bill does not stop
once it is a law. Numerous laws must be placed into effect or implemented, by
an organisation of the excutive branch of the Governement. Through
designation of his power, the President holds the organisation responsible for
implementation of the laws. The organization at that point can give regulatory
guidelines disclosing how it expects to place the law into impact or potentially
what a resident must do to follow the law.
We are first going to take a look at where it all started and why it is so
important to have employees be protected by Governement.
History: where it all started?
Slavery, an establishment as old as the historical backdrop of human
civilization, based on the exploitation of human labour. The arrival of the first
2|Page

slaves was in 1639, from Madagascar. They were brought over , to fell ebony
trees and work on the tobacco and sugar cane plantations. In 1769, under
french colonization more slaves were brought and it made up to 80% of the
population and after 1810 under British rule slave trade was still active.Under
all these three rules, slaves were mistreated, worst than animal. Any sign of
sluginess and they faced punishment, illness or not, old age or young ones,
there was no pity. There were no Sundays off or holidays for them ,not even
any limits on working hours.
Life was not any easy and the punishments chosen were ruthless. Attemption
to escape resulted to having one ear cut and thigh for subsequent error.On the
third time, notwithstanding the warning of their master, any mistake or
another attemp to escape lead to the slaves getting killed. They were whipped
if they refused to work. Furthermore, with the use of a hot iron rod, the fleur
lys form was embedded on their shoulder.
Between 1685 and 1783, The code noir was published and established
amongst the french settlers. The code was meant to give a legal framework for
servitude, to set up protocols governing the states of the colonial inhabitants
and to put an end to illicit slave trade. Slaves were to be considered as a
household item, a piece of furniture. They could be sold, pawned, purchased
or recruited. They had no right to wed, even the children of the female slaves
never beared the father’s name and were considered property of the master.
They could be compelled to work without remuneration. Slaves could not sell
sugar cane without the consent of their masters. A slave could be executed by
his owner if the last don't comply with the principles of code noir. A slave could
not carry weapons without the consent of their proprietors.
Abolishment of slavery and indentured labourers
After abolishment of slavery 1st February 1835, there was a serious labour
problem in Mauritius .In despere search for an alternate, India ecomonic
distress due to large population , grabbed the British attention. On second of
November 1834, the first batch of indentured labourers came to Mauritius on
the following terms and conditions:

. They were under a 5 years contract

3|Page

. They were to be paid 5Rs per month and 1Rs was to be deducted for their
return ticket to India
. They were to be provided with accomodation, rations,medical care and
clothing
. They were refunded the 1Rs cut per month if after the contract they chose to
stay in Mauritius.

Despite those terms and conditions, the indentured labourers were deceived.
They were placed in poor living conditions, isolated from their relatives.
Confinement and punishment were used to exploit the indentured labourers.
There were reduction in wages for any trivial offence, in the end they never
received the amount of wages stated. Rations provided were downmarket,
even the measurements were inaccurate. Along with violence, they were
threatened to be demoted.In short it was slavery on another name. There
were discrimination, breach of contract, child labour, Dangerous working
conditions and more problems which were injust. No protection was given to
them.

Development of Labour law: International labour organisation

The ILO was created in 1919, part XIII of the versailles peace
treaty and became the 1st specialised organisation of the United
Nation in 1946. United Nation now have over 193 countries
forming part of it including Mauritius. Labour and social
movement led to movement for social justine and higher
standard of living for the employees worldwide. ILO supported
and portraited workers and employees having an equivalent
voice with the Government in structuring policies.
Mauritius followed along and in 1957, the Ministry of Labor was first set up on
the establishment of the Ministerial framework and accordingly worked as the
Ministry of Labor and Social Security, hence responsible for labour, public
assistance and social welfare.
4|Page

Employment law
The idea was firstly to encourage industrial peace and harmony, to secure
essential rights and, dignity of the workers, which is about all jobs being equal
with no inferiority nor superiority. Secondly, to promote efficiency and well
being of the workforce by improving standard of safety and health and making
sure they are well protected from occupational diseases and injuries in their
workplace. Thirdly to smooth placement for jobseekers including non citizens,
to furnish aids and assistance concerning job prospects. Fourthly managing
how associations and trade unions operate.And lastly to manage the activity of
recruitment agencies engaged in the recruitment of Mauritian internationally
and locally as well as non residents interested to work in Mauritius.

To fulfill the aim of the Ministry of Labour, Human Resource Development and
Training ensured that there are laws to protect the employees.Since the
independence of Mauritius, with evolving society, the laws concerning
emplyment evolved, elements are added and changed as per requirements.In
1975 it was known as Labour act,in 2008 as employment right act and recently
with more elements added in 2019 ,known as workers right act. There are both
negotiable and non-negatiable laws.

One of the negotiable elements include working hours. Working hours are
negotiable given it does not exceed 90 hours per fortnight. Overtime is flexible
as well, but the sum of working hours should still not exceed 90 hours given
they be paid 1.5×normal rate and 2× of it if its during holidays. Other debatable
factors in the employment law includes Public Holidays in terms of how
employees be paid, meal and tea break with an hour meal break and a total of
20 mins of tea break. The is also a meal allowance to be given after normal
working hours or to be paid MUR 85. The last but not least, 4 debatable
elements are Payment of Remuneration in Special Circumstances, it concerns
how employees are to be paid in case of hindrance concerning failure in tools
and machinery use or weather conditions, Transport of Workers concerning
employees be refunded the bus fare given they live more than 3km away from
their workplace or be provided with transportation on the condition they do
not have to wait more than 45 minutes after working, there are also annuel
leave and sick leave.
5|Page

The non-negotiable elements are as follow: Discrimination in Employment and

Remuneration, it is more about how workers are being treated differently due
to age,race, colour, caste, creed, sex, sexual orientation, HIV status,
religion,political opinion, place of origin. Equal Remuneration for Work of
Equal Value which refers to workers doing the same type of work should be
paid same salary.There also both Maternity Benefits and paternity leaves ,
where upon medical cerificate a pregnant women is granted 14 weeks of paid
leave given she has been an employees for more than 12months. In case of
miscarriage ( before 20 weeks of pregnancy) she is entitled to 2 weeks of paid
leaves and stillborrn( after 20 weeks) ,14 weeks of paid leaves.Additionally
paternity leave is given of 5 consecutive days and no more counted in local
leaves.
The other non debatable factor has to do with termination of contract that
now it based on a 30 days notice which can be in oral or written form, but the
employee is still to be paid in the notice period which is known as Payment in
Lieu of Notice. The Government also included a law concerning Protection
against Termination under Specific Circumstances, that it circumstances such
as during maternity leave of sick leave upon submittion of medical certificate
or discriminating factors as we mentioned above. There is also Rights of
Worker under a Notice of Termination, where employer terminate the contract
of the employer is to give the later time-off to look for employment.

For closure of enterprise or reduction of workforce, they have to meet certain

conditions incuding matching the definition of a worker under the act and a
minimum of 20 workers employed. For those facing termination of
employment there is The Workfare Programme which is about a transition to
unemployment which last from a minimum 1 month to 12moths where they
are paid 90% of the basic pay for the initial three months yet at the very least
MUR 3,000 [USD 100] • 60% of the basic pay for the following three months
yet at the very least MUR 3,000 [USD 100]; and • 30% of the basic pay for the
staying a half year yet at least MUR 3,000 [USD 100].

The employment law includes compensations concerning gratuity fee upon

retirement, payment of the death grant,issue of certificate of employment as
6|Page

well as concerning violence at work be it fit under civil or criminal cases.in

1976 End of year gratuity was introduced which is now known as end of year
bonus which is known as a vital part of a job.
The Ministry of Labour, Human Resource Development and Training has
several department and services such as Labour and industrial relations,
Occupational safety and health, last but not least employment division and
services. These are set up to have the laws placed orderly hence for ensuring
that the labour officers ensure compliance of worker right act there is Labour
and industrial relations with the enforcement and inspection sections. The
Enforcement and Inspection sections is about the responsibility of carrying on
regular inspections to ensure application of application of all labour legislations
concerning with remuneration along with the conditions of employment. The
labour officers physically displaces to go and even register complain from
workers and look for settlement. They even make sure employees and
employers are aware of their rights anf advices are offered as well.

Industrial Court
Just like there are like district court to deal with law violation in the society, for
employer and employees there is industrial court. The industrial court is
concerned with both employment and Occupational health and safety matters.
It looks into both civil and criminal cases. It usually have a Magistrate in charge
along with, officers who are responsible of administration matters and they are
directed by the Chief Justice. In Rodrigues, The Chief justice can guide the
District Magistrate to deal with these cases. The informal power upon the
magistrate make it more flexible to deal with these cases. The Magistrate can
give guidance, help out those who asked for it. The possibility to reach a
friendly agreement is high under such circumstances, and even to opt for an
out of court settlement upon which a memorandom is drawn, and signed by
both parties, noting it has the same effect as the judgement of a court.For an
in court settlement be it a civil or criminal case the sitting will be no different
than in a District court. The language used is English but the court is flexible to
use french or creole or even provide an interpretor if needed.

To proceed and take the matter too the court, one can either use the help of a
legal advisor or through the Ministry of labour for which they do not need to
pay the fee.They only have to pay a fee if the court feel the case is silly.
7|Page

Furthermore, if one of the parties is a company, a person in the management

of the corporate body.

In case any of the party feels the magistrate has any personal
interest on the case or he be related by blood or any way to the other party,
the latter can hand a hand written latter at the registry and its on the
masgistrate to decide whether or not he will hear the case or not, if he does,
he has to submit an application to the judge in chamber. Since the Industrial
court has to deal with criminal cases, it also has the power to grant bail if the
offense leading to an arrest with terms and conditions in line with bail when
it’s a district court.The magistrate along with its informal power has to let the
parties know their rights to make an appeal in case of disatisfaction with the
hearing. The following first go through the reviewing authority at Supreme
court level with 2 magistrate provided, and if still one of the party is no satisfy
he can go ahead with the appeal. If the necessity rise, the Permanent secretary
may proceed the case, that is he will assign and delegate labour officers to. If
the Ministry is evolved then the Attorney General steps in.

Case example

1. Civil case : 2020 IND 8

Plaintiff : Dinesh Raj Tahaloo
Defendant : Consolidated Energy Co.Ltd
Case : The plaintiff worked as Power plant shift Supervisor under the
defendant ( 2006 – 2016). The defendant terminated the contract without
good cause or clarification without notice averred of alleged charge concerning
misconduct, to which the defendant denisd and explained the Plaintiff severed
the employer and employees bound. It was explained that disciplinary
committee were held thrice and the plaintiff was proven guilty to which his
contract was terminated.
2. Criminal case : 2019 IND 23
OSHI agaisnt The Municipality of Beau Bassin Rose Hill
8|Page

Case : one employee Zahiruddin Khan Rosanally sustained injury when

he fell down from a tipper lorry, while he was involved in refuse
collection at his place of work at Swami Dayanand
Road, Beau Bassin. There was failure in ensuring safety, health and
welfare of its employee, breaching the Occupational safety and health
act.

We can see from the above how before independence, before the
Government how life was for the workers who were known as
indentured labourers or slaves. The treatment they went through, these
shows the importance of laws and most importantly how important role
Government plays in it. In the recent pandemic, Covid-19, The
Governement again stepped up to protect both employees and
employers.Its mission has been to maintain Mauritian in employment,on
14 May 2020 a Covid-19 bill was presented in the National Assembly
with the objective of keeping as many job as possible. Wage assistance
scheme and self- employed assistance scheme was extended in April to
provide financial support to the private sector.

Temporary modification to the Worker’s right act and employment

division act such as
.Payment of contribution of portable gratuity fund was put on hold but
those reitiring will be paid their full retirement gratuity.
Payment of nightshift was suspended instead rearranged to allow fair
rotation so as to have more financial resource for the enterprise.
Paid time off allowed or employees are to be paid for any extra work.
Instead of 15 days leave those who worked during confinement will
benefit 20 days leave from January 2020 to December 2020.
Government helping company assistance grant, in case of unfair
termination of employment, will have to pay severance allowance equal
to 3 months