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Mauritius - Compensation & Benefit Legislation

CAPITAL

Port Louis

 

CLIMATE

Mauritius enjoys a tropical climate which is modified by southeast trade winds; warm, dry winter from May to November, and a hot, wet, humid summer from November to May.

 

LANGUAGES

English (official), Creole, French, Hindi, Urdu, Hakka, and Bojpoori.

 

LEGAL SYSTEM

Mauritius’ legal system is based on French civil law system with elements of English common law in certain areas.

 

CURRENCY

Mauritian Rupee (1 USD = 30.53000 MUR as of May 15, 2002).

 

MAURITIUS - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

MAURITIUS - EMBASSY/CONSULATES

U.S. Embassy at Port Louis

Rogers House - 4th Floor

John Kennedy Avenue

P.O. Box 544

Port Louis, Mauritius

Telephone: [230] 202-4400

Fax: [230] 208-9534

Email: usembass@intnet.mu

http://usembassymauritius.mu/

 

Embassy of Mauritius at Washington D.C.

4301 Connecticut Avenue N.W., Suite 441

Washington D.C. 20008

Telephone: (202) 244-1491

Fax: (202) 966-0983

http://www.maurinet.com/embasydc.html 

 

MAURITIUS - HOLIDAYS

 

MAURITIUS – LEAVE

Maternity Leave: 12 weeks – 100% of pay (paid by employer).

 

MAURITIUS - MINIMUM AGE

The law prohibits the employment of children under age 15 and limits the employment undertaken by youth between ages 15 and 18.

 

(Section 6.d. Acceptable Conditions of Work, Mauritius – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MAURITIUS - MINIMUM REMUNERATION

The Government administratively establishes minimum wages, which vary according to the sector of employment, and it mandates minimum wage increases each year based on inflation. The minimum wage for an unskilled worker in the Export Processing Zone (EPZ) is 369 rupees per week (approximately $12.30), while the minimum wage for an unskilled factory worker outside the EPZ is 106 rupees per week (approximately $3.53). These minimums do not provide a decent standard of living for a worker and family, but the actual market wage for most workers is much higher due to a labor shortage and collective bargaining.

 

(Section 6.e. Acceptable Conditions of Work, Mauritius – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MAURITIUS - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

MAURITIUS - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Constitution explicitly protects the right of workers to associate in trade unions, and there is an active trade union movement. Approximately 335 unions represent 111,231 workers, or 21.5 percent of the work force. Many unions are small, having fewer than 1,000 members. Ten major labor federations serve as umbrella organizations for these smaller unions. With the exception of members of the "disciplined force," namely, the police and the Special Mobile Force, and persons in government services who are not public officers such as contractors, workers are free to form and join unions and to organize in all sectors, including in the export processing zone (EPZ). Although only 10 percent of EPZ workers are unionized, these workers are covered by national labor laws (see Section 6.b.). The Mauritian Labor Congress asserts that union membership is low in the EPZ in part because employers in the EPZ intimidate employees and restrict access to union organizers. The International Confederation of Free Trade Unions (ICFTU) alleged that employers have established employer-controlled work councils for workers in the EPZ. Labor unions are independent of the Government, and they have established ties to domestic political parties and addressed political issues.

 

Under the Industrial Relations Act (IRA), unions have the legal right to strike; however, the IRA requires a 21-day cooling-off period, followed by binding arbitration, which has the effect of making most strikes illegal. The Government has 21 days to respond to any labor dispute referred to the Ministry of Labor. If the Government does not respond within 21 days by referring the case either to the Permanent Arbitrary Tribunal (PAT) or to the Industrial Relations Commission (IRC), then the workers have the legal right to strike. The IRA states that worker participation in an unlawful strike is sufficient grounds for dismissal, but workers may seek remedy in court if they believe that their dismissals are unjustified. There were no strikes during the year. The IRA grants the Prime Minister the prerogative to declare any strike illegal if he considers that it "imperils the economy."

 

In July the Government unveiled a plan for restructuring the sugar sector that included provisions for the early retirement of 9,200 sugar workers. In July several of the unions representing the sugar workers held demonstrations to protest the constitutionality of the plan and the details of the retirement package, which was decided upon without union input.

 

Under the law, unions may establish ties with international labor bodies, and some unions have done so.

 

b. The Right to Organize and Bargain Collectively

 

The law protects the right of employees to bargain collectively with their employers. The ICFTU reported that the law does not protect trade unions adequately against acts of interference by employers. The International Labor Organization (ILO) reported that the Government began a labor law reform project with ILO technical assistance in 1997; however, new legislation still was pending at the State Law Office level at year's end. Minimum wages for nonmanagerial level workers are set by the National Remuneration Board (NRB), whose chairman is appointed by the Minister of Labor; however, most unions negotiate wages higher than those set by the NRB. Almost 13 percent of the labor force works for national or local government. The IRA prohibits antiunion discrimination. There is an arbitration tribunal that handles any such complaints.

 

Approximately 90,765 persons work in the EPZ. Workers in EPZ firms enjoy the same basic protections as workers in other firms; however, there are some EPZ-specific labor laws, including the provision for 10 hours per week of mandatory, paid overtime at a higher wage than for ordinary working hours. The Mauritian Labor Congress asserts that union membership is low in the EPZ in part because employers in the EPZ intimidate employees and restrict access to union organizers.

 

The ICFTU 2000 report stated that there was very little collective bargaining in the EPZ and that the National Remuneration Board determined wages after representations by employers and workers' representatives.

 

c. Prohibition of Forced or Compulsory Labor

 

The law prohibits forced or compulsory labor outside the EPZ, and there were no reports that such practices occurred in the case of adults. Labor laws that cover the EPZ allow for 10 hours of compulsory overtime a week and compulsory work on public holidays, although at a higher hourly wage (see Sections 6.b. and 6.e.).

 

According to the ILO Committee of Experts, the Merchant Shipping Act contains provisions that are not compatible with international standards regarding forced labor. Certain breaches of discipline by seamen are punishable by imprisonment. The Government indicated that it proposed to amend the Merchant Shipping Act to make it compatible with ILO Convention 10; however, it took no action during the year.

 

The law prohibits forced and bonded labor by children; however, there were reports of forced child prostitution, which the Government has targeted as a top law enforcement priority (see Sections 5 and 6.d.).

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The law prohibits the employment of children under age 15 and limits the employment undertaken by youth between ages 15 and 18, and the Government generally respects this law in practice; however, child labor, including forced child labor, is a problem. According to Section 55 of the Labor Act, the penalties for employing a child are a fine of no more than $66 (2,000 rupees) and a term of imprisonment not to exceed 1 year.

 

The legal minimum age for the employment of children is 15 years; however, children unable to attend secondary school often seek apprenticeships in the trades. Vocational schools train students who fail the primary education certificate exam taken by students at the end of the sixth year of primary education.

 

The Ministry of Labor is responsible for the enforcement of child labor laws and conducts frequent inspections. According to the Ministry of Women's Rights, Child Development, and Family Welfare, 2,000 children between the ages of 12 and 14 were employed or looking for work in 1998. Child labor in homes, on farms, and in shops is common on the island of Rodrigues.

 

The Ministry of Labor is responsible for investigating reports of child labor abuses; 30 inspectors are employed by the Ministry to investigate all reports of labor abuses, including those of child labor. During 2000 the inspectors performed approximately 5,000 inspections and at least 1 inspection of a report of child labor.

 

The law prohibits forced or bonded labor by children; however, forced child labor, namely prostitution, exists (see Sections 5 and 6.c.). In 2000 the new Minister of Women's Rights, Child Development, and Family Welfare released a 1998 study on the sexual exploitation of children that the previous government had withheld. Although it did not provide the number of child prostitutes, the study reported that children enter into prostitution as early as age 13; their clientele included industrialists, professionals, police officers, parliamentarians, and ministers. The Government has targeted child prostitution as a top law enforcement and prevention priority. In February the Ministry of Women, Child Development and Family Welfare established a hotline for reporting cases of child prostitution. In July a task force on prostitution at the Ministry commissioned a quantitative study on the magnitude of the child prostitution problem in the country. In July police broke up a prostitution ring involving adolescents in the north of the main island. During the year, both the Ministry and NGO's sponsored seminars on the dangers of prostitution for the public and schoolchildren. Some NGO's also have formed regional awareness networks and developed training materials for educators.

 

e. Acceptable Conditions of Work

 

The Government administratively establishes minimum wages, which vary according to the sector of employment, and it mandates minimum wage increases each year based on inflation. The minimum wage for an unskilled worker in the EPZ is $12.30 (369 rupees) per week, while the minimum wage for an unskilled factory worker outside the EPZ is approximately $3.53 (106 rupees) per week; these sums do not provide a decent standard of living for a worker and family, but the actual market wage for most workers is much higher due to a labor shortage and collective bargaining. The standard legal workweek in the industrial sector is 45 hours. Labor laws that cover the EPZ allow for 10 hours of compulsory overtime a week and compulsory work on public holidays, although at a higher hourly wage. According to the Mauritian Labor Congress, 10 hours of overtime a week is mandatory at certain textile factories in the EPZ (see Section 6.b.).

 

The Government sets health and safety standards, and Ministry of Labor officials inspect working conditions and ensure compliance with the law. The small number of inspectors limits the Government's enforcement ability; however, through voluntary compliance, the number of occupational accidents has been reduced. Workers have the right to remove themselves from dangerous situations without jeopardizing their continued employment.

 

In August an international NGO conducted a study commissioned by the Ministry of Labor comparing working conditions between men and women, particularly in the area of wages. The results of the study were not released by year's end.

 

In October 2000, the Minister for Training Skills Development and Productivity reported that there were 24,292 foreign workers in the country, of whom 20,081 worked in the textile sector. Since they often do not speak English, French, or Creole, it is difficult for them to demand their rights, which are the same as those of citizen employees, including the right to belong to a union. In June it was reported that a Ministry of Labor investigation indicated that many foreign workers did not receive all of the overtime wages to which they were entitled; the companies at fault were instructed to remedy the situation or face legal action. Most of the companies complied, rather than face legal action; however, cases of those that did not comply were prosecuted. There were cases in which foreign workers obtained local legal counsel to redress their grievances.

 

f. Trafficking in Persons

 

The law prohibits trafficking in children, but does not specifically mention trafficking in adults. In 1999 there were reports from Madagascar that women and young girls were trafficked to the islands of Reunion and Mauritius for prostitution; however, there were no similar reports during the year. The penalties for those found guilty of child trafficking are a minimum fine of $370 (10,000 rupees) or imprisonment for up to 5 years.

 

MAURITIUS - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

MAURITIUS - STANDARD WORKWEEK

The standard legal workweek in the industrial sector is 45 hours. Labor laws that cover the Export Processing Zone (EPZ) allow for 10 hours of compulsory overtime a week and compulsory work on public holidays, although at a higher hourly wage. According to the Mauritian Labor Congress, 10 hours of overtime a week is mandatory at certain textile factories in the EPZ.

 

(Section 6.e. Acceptable Conditions of Work, Mauritius – Report of Human Rights Practices, 2001, U.S. Department of State.)