The government of Mauritius recently passed The Finance (Miscellaneous Provisions) Act 2024 (the “Act 2024”), introducing several changes to the Workers’ Rights Act 2019 including a new right to disconnect after working hours as well as an increase of paid maternity and paternity leaves.
The changes took effect on 27 July 2024, with the exception of the increases in paid maternity and paternity leave, which took effect on 7 June 2024.
Key details
The primary changes are as follows:
The right to disconnect
Employees now have the right to disconnect from work and work-related communications during “unsocial hours,” which are defined as:
- between 1 p.m. on a Saturday and 6 a.m. on Monday; and
- between 10 p.m. on a weekday and 6 a.m. on the following day.
If required to work during unsocial hours, the employee is entitled to an additional disturbance allowance, equivalent to his hourly wage for every hour of work performed during unsocial hours. This applies either in situations of emergency or where the employee’s working hours correspond to the working hours in the market country served.
Maternity leave
From 7 June 2024, employer-paid maternity leave has increased from 14 weeks to 16 weeks, including an increase from at least seven to at least eight weeks to be taken following the childbirth. Mothers who give birth to multiple babies from the same pregnancy or to a premature baby are entitled to an additional two weeks of employer-paid maternity leave.
Paternity leave
From 7 June 2024, employer-paid paternity leave has increased substantially from five continuous working days to four consecutive calendar weeks.
Childcare facilities
The Finance (Miscellaneous Provisions) Act 2023 introduced the requirement for employers with 250 or more employees to provide free childcare facilities to employees with children up to three years of age, either onsite or within one kilometer of the workplace.
The Act 2024 has removed the requirement for the childcare facilities to be provided onsite or within one kilometer of the workplace and delegated powers to the Ministry of Labor to prescribe regulations on the provision of such childcare facilities.
Lockton comment: Employers should monitor announcements from the Ministry of Labor on the new regulations which have yet to be released. In deciding the location of the childcare facilities, employers should note that whilst the previous requirement restricting the location of the childcare facilities has been removed, the new regulations could potentially reintroduce location restrictions.
Protection against discrimination
Whilst the Workers’ Rights Act 2019 provides protection against termination for employees absent from work during maternity or paternity leave, protection against general discrimination in employment previously did not apply to employees who are on or have taken maternity or paternity leave.
As the Act 2024 has expanded the definition of “discrimination,” employers may not treat employees on maternity or paternity leave in a discriminatory manner that impairs their career development or their opportunity of promotion, such as assigning them to a lesser position or rejecting them for an otherwise due promotion.
Paid time off in lieu of remuneration for overtime or work on a public holiday
An employee entitled to remuneration for any overtime or work on a public holiday may now opt to be granted paid time off in lieu. The amount of paid time off in lieu that an employee is entitled to is equal to:
one and a half times the number of hours for overtime on a weekday;
twice the number of hours for work on a public holiday; and
three times the number of hours for overtime on a public holiday.
Work from home in extreme weather conditions
Previously, employees required to work from home on a day on which a cyclone warning class III or IV is in force were entitled to normal daily remuneration and an additional allowance of three times normal pay. Under the new provision, the total remuneration has been reduced, as an employee required to work from home in extreme weather conditions is now entitled to be remunerated at twice normal pay.
The three categories of extreme weather conditions under the new provision are:
cyclonic conditions where a warning class III or IV is issued;
where an order is issued to remain indoors during a period of heavy or torrential rain; or
where a safety bulletin has been issued by the Mauritius Meteorological Services.
The additional remuneration does not apply to employees earning more than MUR 600,000 in annual basic salary.
The Act 2024 also clarifies that the employer may only require the employee to work from home during extreme weather conditions if there is (i) no risk to his life or that of his family, (ii) no risk of injury, (iii) no risk of his residence being damaged, or (iv) no electricity or communication breakdown.
Additional provisions for vacation leave
The Workers’ Rights Act 2019 introduced a paid vacation leave entitlement for workers earning up to MUR 600,000 in annual basic salary who remain in continuous employment with the same employer for a period of at least five consecutive years. Vacation leave comprises 30 days for every period of five consecutive years.
The Act 2024 has introduced additional provisions for vacation leave as follows:
Previously, the law had stated that the 30 days of vacation leave may be taken consecutively or otherwise, but the Act 2024 clarifies that vacation leave must be for a period of at least six consecutive days, meaning that each block of vacation leave must be at least six consecutive days.
Employees must apply for their annual vacation at least three months in advance, except in special circumstances.
An employer must approve vacation leave applications, unless there are reasonable business grounds for rejection (the inability or impracticability to reorganize working arrangements of existing workers or a detrimental effect on the ability to meet customers' demand). If the application is rejected, the employee and the employer may agree on another period for vacation leave, or the employer must pay remuneration in lieu of the vacation leave.
Lockton comments
Employers must review and update their internal policies and procedures, as well as their employees’ employment agreements, to ensure proper compliance with the changes. Employers should also plan appropriate internal communications for staff and managers to ensure compliance with the new right to disconnect.
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The Finance (Miscellaneous Provisions) Act 2024 (opens a new window)