A Consolidated Version of The Workers' Rights Act 2019 As at 2 August 2022
A Consolidated Version of The Workers' Rights Act 2019 As at 2 August 2022
ARRANGEMENT OF SECTIONS
Section
PART I - PRELIMINARY
1. Short title
2. Interpretation
3. Application of Act
PART II – MEASURES AGAINST DISCRIMINATION IN
EMPLOYMENT AND OCCUPATION
4. Application of Part II
5. Discrimination in employment and occupation
6. Consideration for full-time or permanent employment
7. Promotion
PART III – MINIMUM AGE FOR EMPLOYMENT
8. Restriction on employment of children
9. Employment of young persons
PART IV – WORK AGREEMENTS
Sub-Part I – Competency to Enter into Agreement
10. Competency to enter into agreement
Sub-Part II – Particulars of Work Agreement
11. Particulars of work agreement
Sub-Part III – Types of Work Agreements
12. Deeming agreement
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13. Fixed term agreement
14. Part-time work agreement
15. Agreement to perform part-time or full-time work
16. Compromise agreement
17. Atypical work agreement
17A. Work from home
Sub-Part IV – Void Agreement
18. Void agreement
Sub-Part V – Employment of Worker Under an Agreement or More Than One
Agreement Not Interrupted
19. Continuous employment
PART V – GENERAL CONDITIONS OF EMPLOYMENT
Sub-Part I – Hours of Work and Basic Hourly Rate
Section A – Hours of work
20. Normal working hours
21. Compressed hours
22. Flexitime
23. Shift work
24. Overtime
24A. Overtime in connection with COVID-19 period of year 2020
Section B – Basic hourly rate
25. Notional calculation of basic hourly rate
Sub-Part II – Remuneration
Section A – Equal remuneration for work of equal value
26. Equal remuneration for work of equal value
Section B – Remuneration to worker and part-time worker
27. Payment of remuneration to worker
28. Payment of remuneration to part-time worker
Section C – Joint liability of job contractor and employer as regards
remuneration
29. Joint liability on remuneration
Section D – Remuneration in specific circumstances
30. Payment of remuneration for work performed on public holiday
31. Payment of remuneration due on termination of agreement
32. Payment of remuneration in other specific circumstances
Section E – Additional remuneration to compensate increase in cost of living
33. Payment of additional remuneration
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Section EA – Special allowance
33A. Payment of special allowance
Section F – Restriction on deductions from worker’s remuneration
34. Restriction on deductions
Sub-Part III – Failure to Pay Remuneration
Section A – Protective order
35. Application for protective order
36. Grant of protective order
37. Duration of protective order
38. Order in respect of immovable property
39. Variation and discharge of protective order
Section B – Wage Guarantee Fund Account
40. Wage Guarantee Fund Account
41. Payment into Wage Guarantee Fund Account
42. Redemption of claim
43. Recovery of overpayment of benefit
Sub-Part IV – Other Conditions of Employment
Section A – Meal allowance
44. Meal allowance
Section B – Entitlement to leaves
45. Annual leave
46. Sick leave
47. Vacation leave
47A. Leave to care for sick child
48. Special leave
49. Juror’s leave
50. Leave to participate in international sport events
51. Leave to attend Court
51A. Remuneration and leave related to Covid-19 vaccination or RT-PCR Test
Section C – Entitlement to maternity and paternity leaves
52. Maternity leave and other benefits
53. Paternity leave
Section D – End of year bonus
54. End of year bonus
Section E – Death grant
55. Death grant
Section F – Other benefits
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56. Meal and tea breaks
57. Medical facilities
58. Tools
59. Transport of workers
60. Communication facilities
PART VI – TERMINATION OF AGREEMENT AND REDUCTION OF
WORKFORCE
Sub-Part I – Procedures Relating to Termination of Agreement
61. Termination of agreement
62. Termination of appointment under the Constitution
63. Notice of termination of agreement
64. Protection against termination of agreement
65. Notification of charge
66. Suspension
67. Employment following transfer of undertaking
68. Certificate of employment
Sub-Part II – Severance Allowance
69. Payment of severance allowance
69A. Reinstatement
70. Amount of severance allowance
71. Deductions from severance allowance
Sub-Part III – Reduction of Workforce and Closure of Enterprises
72. Reduction of workforce
72A. Reduction of workforce in certain enterprises in the services sector
73. Redundancy Board
74. Functions of Board
75. Organisation and sitting of Board
PART VII – WORKFARE PROGRAMME FUND
Sub-Part I – Workfare Programme Fund
76. Establishment of Workfare Programme Fund
77. Objects of Workfare Programme Fund
78. Payment into and out of Workfare Programme Fund
79. Contribution to Workfare Programme Fund
Sub-Part II – Workfare Programme Fund Committee
80. Workfare Programme Fund Committee
81. Functions of Workfare Programme Fund Committee
Sub-Part III – Actuarial Valuation and Financial Statements of Workfare
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Programme Fund
82. Actuarial valuation of Workfare Programme Fund
83. Financial statements of Workfare Programme Fund
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PART IX – GRATUITY ON RETIREMENT AND AT DEATH
Sub-Part I – Gratuity on Retirement
109. Gratuity on retirement
Sub-Part II – Gratuity at Death
110. Gratuity at death
PART X – ENTITLEMENT OF WORKERS IN SUGAR INDUSTRY
111. Interpretation of Part X
112. Continuous employment of existing workers in sugar industry
113. Workers employed by job contractor
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An Act
To provide a modern and comprehensive legislative framework
for the protection of workers, and to provide
for matters related thereto
ENACTED by the Parliament of Mauritius, as follows –
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Workers’ Rights Act 2019.
2. Interpretation
In this Act –
“agreement” means a contract of employment between an employer
and a worker, whether oral, written, implied or express;
“basic wage or salary”, in relation to a worker, means –
(a) where the terms and conditions of employment of the worker
are governed by Remuneration Regulations or Wages
Regulations, an arbitral award or an agreement, the basic
wage or salary prescribed in the corresponding Remuneration
Regulations or Wages Regulations, award or agreement, or
where the employer pays a higher wage or salary, the higher
wage or salary so paid excluding payment for overtime, any
bonus or allowance, by whatever name called, paid over and
above the wage or salary and whether paid in cash or in kind;
(b) in any other case, all the emoluments received by the worker,
excluding payment for overtime, any bonus or allowance, by
whatever name called;
(Amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No.7 of 2020 w.e f 7
August 2020)
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“collective agreement” has the same meaning as in the Employment
Relations Act;
“continuous employment” means the employment of a worker under an
agreement or under more than one agreement where the interval
between an agreement and the next agreement does not exceed 28
days;
“Court” means the Industrial Court;
“Director-General” has the same meaning as in the Mauritius
Revenue Authority Act;
“earnings” –
(a) means basic wages specified in any Remuneration Regulations
or Wages Regulations or such wages paid by an employer; and
(b) includes –
(i) wages earned pursuant to sections 24, 27(5), 30 and
40;
(ii) wages paid under sections 14, 17, 21, 22, 23, 28, 31,
32, 33, 45, 46, 47, 48, 49, 50, 51, 52(1), (4), (5) and
(6) and 53;
(iii) any sum of money, by whatever name called,
including commission and any productivity payment,
paid to a worker, in respect of any work performed by
him, in addition to the basic wages agreed upon
between him and the employer; and
(iv) any payment made under any Remuneration
Regulations or Wages Regulations in respect of extra
work, public holidays, additional remuneration, leave
taken or refunded, wages for replacing another
worker drawing higher remuneration, or wages paid
to a part-time or atypical worker, and any allowance
paid under the Remuneration Regulations or Wages
Regulations;
(Amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020 w.e.f
7August 2020)
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salary, wages, leave pay, fee, overtime pay, perquisite, allowance,
bonus, gratuity, commission or other reward or remuneration, by
whatever name called, in respect of, or in relation to, the office or
employment of a worker;
“employer”, subject to sections 72, 111 and 115 –
(a) means a person who employs a worker and is responsible for
the payment of remuneration to the worker; and
(b) includes –
(i) a job contractor;
(ii) a person, other than a share worker, who shares the
profit or gross earnings of another share worker;
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“Minister” means the Minister to whom responsibility for the subject of
labour and employment relations is assigned;
“productivity payment” –
(a) means any sum of money, by whatever name called, paid to
any category of worker in respect of work performed by him,
over and above or in addition to the basic work agreed upon
between him and his employer, and related to productivity;
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but
(b) does not include payment of attendance bonus equivalent to a
maximum of 10 per cent of the worker’s basic wages, meal
allowance, transport allowance or any other allowances or
payment not related to productivity;
“public holiday” has the same meaning as in the Public Holidays Act;
“retirement age” means the date on which a worker attains the age of 65;
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“share worker” means a person who –
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or business is carried out for profit, in which workers are
employed and the objective is to produce or provide market
commodities or services of any kind;
(b) any Ministry or Government department, statutory body, local
authority, and any other form of organisation or body of
persons or any part thereof;
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with a view to facilitating the placement of jobseekers
in gainful employment;
(iii) except in relation to sections 5, 17A, 26, 32(1),
(1A), (4), (5), (6)(b) and (7), 34, 49, 50, 51A, 52,
53, 57, 59(7) and 120 and Parts VI, VII, VIII and
XI, a person whose basic wage or salary is at a
rate exceeding 600,000 rupees in a year;
(iv) a person performing atypical work whose basic
wage or salary exceeds 600,000 rupees in a year,
except in relation to sections 5, 26, 31 and 51A
and Parts VI, VII, VIII, XI, XII and XIII;
(Amended by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 w.e.f 23 March
2020)
(Amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020 w.e.f 7 August 2020)
(Amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5 August 2021)
(Amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
“young person” means a person, other than a child, who is under the age of
18.
3. Application of Act
(1) Subject to subsection (2) and to any provisions to the contrary
in any other enactment, this Act shall apply to every agreement.
(2) This Act shall not apply to –
(a) a public officer or a local government officer, except
in relation to sections 5, 26, 114, 118, 119, 120 and
123(1)(f), (2), (3) and (4);
(b) a worker of a statutory body who is, or has opted to
be, governed by the terms and conditions in a report
of the Pay Research Bureau, except in relation to –
(i) sections 5, 26(1), 51A, 118,119,120 and
123(1)(f), (2), (3) and (4), in so far as they
relate to that worker; and
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(ii) Parts VI and XI;
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(b) authorise an employer –
(i) to reduce the wages of a worker; or
(ii) subject to section 57 of the Employment
Relations Act, to alter the conditions of
employment of the worker so as to make
them less favourable.
(Subsection (2) amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020 w.e.f
7August 2020)
(Subsection (2) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f
5 August 2021)
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likely to result, from the imposition or proposed
imposition of the condition, requirement or practice;
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given, as far as practicable, to a part-time worker or to a worker on determinate
contract of employment in the same category and grade.
7. Promotion
(1) Where a vacancy arises in a higher grade, an employer shall,
in the case of higher grade promotion among monthly-paid workers, give
consideration, as far as practicable, to qualifications, merit and seniority.
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officer that the kind of work for which he is
employed is unsuitable, or is likely to interfere with
his education.
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(1) Notwithstanding subsection (4), an employer may enter into
an agreement with a worker for a specified period of time in relation to the
temporary needs of the employer –
(a) for the performance and completion of a specific
piece of work which is temporary and non-recurring;
(b) in respect of any work or activity which is of a
temporary, seasonal or short-term nature or short-
term work arrangements that are normally project
related and aligned to changes in the product market;
(c) in replacement of another worker who is on approved
leave or suspended from work;
(d) for the purpose of providing training to the
workforce;
(e) for a specific training contract; or
(f) in accordance with a specific work or training scheme
set up by the Government or a statutory body for a
determinate duration.
(2) Subsection (1) shall not apply to –
(a) the exclusion of limitations of the rights of a worker;
or
(b) the deprivation of the right of a worker to permanent
employment.
(3) Where a worker is employed on a fixed term contract, the
worker shall be informed in writing by his employer of the specific skills
required, the specific tasks to be carried out and the duration thereof.
(4) A worker, other than a migrant worker, who is employed in a
position which is of permanent nature, shall not be employed on a contract of
fixed duration for the performance of work relating to the fixed, recurring and
permanent needs of the continuous normal business activity of the employer.
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work, having regard where relevant, whether they have a similar level of
qualifications, skills or experience.
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in a period at a rate lower than the rate payable to a comparable full-time
worker who performs extra work in the same period, he shall not be regarded
as being treated less favourably than the comparable full-time worker to the
extent that the total number of hours worked by the part-time worker in the
period, including overtime, does not exceed the number of hours the
comparable fulltime worker is required to work in the period, excluding
absences from work and overtime.
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as may be prescribed, the agreement shall –
(a) be in writing and for a period not exceeding 3
months; and
(b) provide an option to the worker to revert to full-time
work –
(i) at the expiry of the period of 3 months; or
(ii) before the expiry of the period of 3 months
with the consent of his employer.
(2) A part-time worker may enter into an agreement with an
employer to perform full-time work where the agreement –
(a) is in writing; and
(b) where appropriate, provides for the option to the
worker to revert to part-time work.
(3) (a) An employer shall not require a full-time worker to
enter into an agreement to perform part-time work, except –
(i) where the agreement is in writing and for a
specified period of time and provides an
option to the worker to revert back to full-
time work at the expiry of the specified
period; and
(ii) with the approval of the supervising officer.
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section 64, be unjustified and the Court may order that the worker be paid
severance allowance at the rate specified in section 70(1).
(c) For the purpose of computing severance allowance
payable under this subsection, a month’s remuneration shall be –
(i) the remuneration drawn by the worker for the
last complete month of his employment on a
full-time basis; or
(ii) an amount computed in the manner as is best
calculated to give the rate per month at which
the worker was remunerated over a period of
12 months before the termination of his
agreement, including payment for extra work,
productivity bonus, attendance bonus,
commission in return for services and any
other regular payment,
whichever is higher.
(5) Where the employment of a worker is terminated
under subsection (4) –
(a) any contribution due to be made to the
Portable Retirement Gratuity Fund by the
employer shall, notwithstanding section 87,
be made; and
(b) any payment to which the worker is entitled
under this Act or any other enactment shall
be computed,
on the basis of the remuneration drawn by the worker for the last complete
month of his employment on a full-time basis.
(New section (1A) and new subsections (3), (4) and (5) inserted by the Finance (Miscellaneous Provisions)
Act 2020 – Act No. 7 of 2020 w.e.f 7August 2020)
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employment, or the amount of remuneration payable in a case of non-payment
or short payment of remuneration, the worker and the employer shall enter
into a compromise agreement.
(2) A compromise agreement shall not be valid where –
(a) the compromise agreement was not vetted by an
independent adviser;
(aa) the worker has not, prior to entering into the
compromise agreement, received advice from a
relevant independent adviser regarding the terms of
the agreement and the effect of that agreement on his
claim; or
(Subsections (1) and (2) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of
2021 w.e.f 5 August 2021)
(Subsection (1) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1
July 2022)
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17. Atypical work agreement
(1) Subject to section 3(2)(d), a person, other than a worker
employed on a standard agreement, who performs work for, and is paid
remuneration by, an employer, shall be deemed to be an atypical worker.
(2) The Minister may, for the purpose of this section, make such
regulations as he thinks fit.
“atypical worker” –
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(v) is classified by an employer as service
provider, or by any other such appellation,
whether or not he holds a business
registration number, but who performs
personally the same or similar work of a
comparable worker employed in the same
enterprise or industry on a standard
agreement; but
(i) a self-employed –
(iv) a consultant.
(Subsection (1) amended and subsection (3) repealed and replaced by the Finance (Miscellaneous
Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5 August 2021)
(New subsection (3)(b)(v) and (c)(iv) inserted by the Finance (Miscellaneous Provisions) Act 2022 – Act
No. 15 of 2022 w.e.f 1 July 2022)
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(1) An employer may require any worker to work from home
provided a notice of at least 48 hours is given to the worker.
(2) The Minister may, for the purpose of this section, make such
regulations as he thinks fit.
(New section 17A inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 w.e.f
23 March 2020)
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agreement or an award;
(ii) due to suspension from employment;
(iii) by reason of participation in a strike which is not
unlawful under the Employment Relations Act; or
(iv) with the consent of his employer;
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than a public holiday.
(4) The normal day’s work of a garde malade, other than a part-
time worker –
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work of a similar method of work, the worker shall be deemed to have
performed a day’s or a week’s work where he completes the piece work, task
work or other work within a shorter period of time and he shall be paid wages
due for the whole day or week, as the case may be.
22. Flexitime
(1) An employer may request a worker to work on flexitime
provided a notice of at least 48 hours is given to the worker.
(2) Where an employer makes a request under subsection (1), the
worker may accede to that request.
(Subsections (1), (3) and (7) amended by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of
2020 w.e.f 23 March 2020)
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23. Shift work
(1) Subject to this Act, an employer may request a worker to work
on shift work.
24. Overtime
(1) Subject to subsections (3) and (4) –
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(a) a worker and an employer may agree on the number
of hours of work to be performed in excess of the
stipulated hours where the exigencies of an enterprise
so require;
(b) no employer shall require a worker to perform work
in excess of the stipulated hours unless he has given,
as far as is practicable, at least 24 hours’ notice to the
worker of the extra work to be performed.
(2) A worker who does not wish to work in excess of the stipulated
hours on a particular day shall, at least 24 hours in advance, notify his
employer of his intention.
(3) Subject to subsection (5), where a worker works on a public
holiday, the employer shall remunerate him in respect of any work done –
(a) during normal working hours, at not less than twice
the rate at which the work is remunerated when
performed during the normal hours on a week day;
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(7) Subject to subsection (4), where a worker is required to
perform extra work immediately after a normal day’s work, he shall be
granted a rest period of at least 10 minutes with pay before performing the
extra work.
(8) In this section –
“normal hours” includes stipulated hours.
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(3) Where a worker cannot avail himself of the total number of
hours of time off accumulated under paragraph (2)(b), he shall be paid
remuneration in lieu of any time off left at the rate specified in subsection
(1)(a) and such payment shall be made at the time the worker ceases, in any
manner whatsoever, to be in the employment of the employer or as at 31
December 2021 or such other date as may be prescribed, whichever is
applicable.
(4) For the purpose of computing the additional hours of work
under paragraph (1)(a), any authorised leave, whether with or without pay,
including injury leave, shall be deemed to constitute attendance at work.
(5) This section shall apply for the COVID-19 period of year
2020.
(New section 24A inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 w.e.f
16 May 2020)
(Heading amended and new subsection (5) inserted by the Finance (Miscellaneous Provisions) Act 2021 –
Act No. 15 of 2021 w.e.f 5 August 2021)
(The period during which overtime work performed may be paid as specified in section 24A has ended on
31 December 2021 – GN No. 310 of 2021)
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(iii) 12 hours’ work in the case of a garde malade.
Sub-Part II – Remuneration
Section A – Equal remuneration for work of equal value
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performed are the same or similar;
(c) in any other case not later than on the last working
day of the pay period.
(3) Every employer shall –
(a) issue to every worker, at the time of paying
remuneration, a payslip, in the form set out in the
Second Schedule, which shall indicate the
contribution made by the employer to the Portable
Retirement Gratuity Fund specified in Part VIII; and
(b) cause every worker, to whom remuneration is paid
in legal tender or by cheque, to sign in or affix his
thumbprint in a remuneration book setting out the
particulars of the remuneration paid.
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(4) No employer shall, in respect of the payment of remuneration –
(a) restrict, by agreement or otherwise, the freedom of a
worker to determine where and how his remuneration
is to be spent; or
(b) pay, require or permit remuneration to be paid in a
shop, or cause or allow the owner of the shop or his
representative or any person employed by him, to pay
remuneration due to the worker, unless the worker is
employed to work in the shop.
(5) Where a worker is required to replace another worker drawing
a higher remuneration and to perform the same level of work as the other
worker, he shall be paid the remuneration corresponding to the initial salary in
the salary scale, if any, of the other worker or the salary drawn by the other
worker, whichever is applicable.
(6) Where a claim of non-payment or short payment of wages is
made to the Court, the Court may, where it thinks fit, order an employer to pay
interest at a rate not exceeding 12 per cent in a year on the amount of
remuneration due from the date of non-payment or short payment to the date
of payment.
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29. Joint liability on remuneration
(1) Subject to subsection (2), a job contractor and the principal,
for whom the job contractor has recruited or employed a worker, shall be
jointly and severally liable for the payment of the remuneration of the worker
and for the conditions of employment of the worker, including their safety,
health and welfare.
(2) The liability of the principal of a job contractor under
subsection (1) shall be limited to the sum payable by him to the job contractor
under the arrangement between them.
(3) No person who is jointly liable with a job contractor under
subsection (1) may set up as a defence to a claim from a worker seeking to
recover remuneration the fact that he has already paid to the job contractor any
sum due under the arrangement with the job contractor.
(4) Subject to subsection (5), every worker employed by a job
contractor shall, for securing payment of his remuneration, have the same
privileges, in respect of the property of the principal, as he would have had if
he had been directly employed by the principal without the intervention of the
job contractor.
(5) Any amount recoverable under subsection (4) shall not exceed
the amount payable by the principal to the job contractor under subsection (2).
Section D – Remuneration in specific circumstances
30. Payment of remuneration for work performed on public holiday
(1) Every worker shall be entitled to a normal day’s pay in respect
of every public holiday, other than a Sunday, that occurs on any of his normal
working days.
(2) Where a worker is required to work on a public holiday, other
than a Sunday, he shall be paid, in addition to the normal day’s pay provided
for under subsection (1), any remuneration due under section 24.
(3) Any agreement by a worker to relinquish his right to a paid
public holiday or to forego such leave shall be void.
31. Payment of remuneration due on termination of agreement
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(1) Subject to subsection (2), every employer shall pay any
remuneration due to a worker on the termination of the worker’s agreement.
(2) Where the parties to an agreement are deemed to have entered
into a fresh agreement, the employer shall, not later than 2 working days after
the expiry of the previous agreement, pay to the worker the remuneration due
under the previous agreement.
(3) Where notice of termination of an agreement has been given
under section 63, the employer shall, on or before the date of expiry of the
notice, pay to the worker any remuneration due under the agreement.
(4) Where an agreement is terminated otherwise than by notice
under section 63, or on expiry of the period for which the agreement was
agreed to last, the employer shall pay to the worker any remuneration due on
the termination of the agreement.
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be performed; or
(ii) work has been stopped before the worker has
completed 2 hours of work.
(1A) Where, during a period of extreme weather conditions,
including, but not limited to heavy or torrential rainfall, an order is issued by
the National Crisis Committee under section 16 requiring any person to
remain indoors, or a state of disaster is declared and any direction for the
purpose of assisting and protecting the public is issued under section 37 of the
National Disaster Risk Reduction and Management Act –
(a) an employer shall not require a worker to report to
work, or to continue to work, where he is exposed to
the weather conditions, as the case may be; and
(b) the employer shall pay to the worker –
(i) a full day’s remuneration where –
(A) no work can be performed owing to
the weather conditions; or
(B) the worker resumes work for 2 hours
or more;
(ii) a half day’s remuneration where –
(A) work has been stopped before the
worker has completed 2 hours of
work; or
(B) the worker resumes work for not
more than 2 hours.
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worker at the normal rate in respect of the period of absence.
(5) Subsection (4) shall apply until –
(a) the cyclone warning class III or IV has been removed;
and
(b) the employer provides a means of transport to the
worker to attend his place of work; or
(c) public transport is available.
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Section E – Additional remuneration to compensate increase
in cost of living
and such increase was specified in writing, or agreed upon by the worker, as
being an increase in wage or salary designed specifically to compensate the
worker for an increase in the cost of living in respect of that period, there shall
be sufficient compliance with subsection (1), in case such increase is less than
the additional remuneration specified in subsection (1), if the employer pays
the difference.
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Workers) (Remuneration Order) Regulations 1983 or as agreed upon, such
rates shall, as from the appointed date, be increased in the same proportion as
the increase of the payment of the additional remuneration on the basic wage
prescribed or agreed upon, as the case may be, of the worker.
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whether or not the worker’s actual wage or
salary exceeds the prescribed wage or salary
or the worker is remunerated on a piece rate
basis or employed on task work;
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worker’s actual wage or salary exceeds the
agreed wage or salary or the worker is
remunerated on a piece rate basis or employed
on task work; and
(b) includes any previous additional remuneration
granted under any enactment; but
(Subsection (1) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
46
(New section 33A inserted by the Finance (Miscellaneous Provisions) Act 2020 – Act No.7 of 2020 w.e f 1
January 2020)
47
Section A – Protective order
48
(b) (i) has reasonable grounds to believe that the
employer may dispose of his property to the
prejudice of the worker or group of workers to
whom remuneration, notice, severance
allowance or gratuity, as the case may be, is
due; and
(ii) is satisfied that the amount or value of the
property is proportionate to the amount due as
remuneration, notice, severance allowance or
gratuity, as the case may be.
"severance allowance" –
(Subsection (1) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
49
(b) the employer may dispose of his property to the
prejudice of the worker or group of workers to whom
subject to section 35(1), payment of notice, severance
allowance, remuneration or gratuity is due;
(Subsection (1) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1
July 2022)
50
General to make entries in a register which may be consulted by a notary, an
attorney or any other person who can show that he has a legitimate interest to
do so.
(2) An order made under subsection (1) shall be registered free of
any tax, duty or fee.
51
necessary in the interests of justice; or
(b) shall discharge the order where –
(i) the notice, severance allowance,
remuneration or gratuity due to the worker or
group of workers has been paid;
(ii) the court case referred to in section 35(2)(a)
has been disposed of; or
(iii) it is in the interest of justice to do so.
(3) Where a protective order in respect of an immovable property
is varied or discharged, the Judge in Chambers shall direct the Registrar-
General to make appropriate entries in the Register of Protective Orders
specified in section 38A of the Notaries Act.
(Subsection (2) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f
21 June 2021)
(Subsection (2)(b)(i) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022
w.e.f 1 July 2022)
52
“remuneration” means basic wage for not more than 3
preceding months, wages as indemnity in lieu of notice and
end of year gratuity or bonus paid in accordance with the End
of Year Gratuity Act or any other relevant enactment.
(Subsection (2) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
53
he shall inform the supervising officer –
(a) of the date on which payment of remuneration will be
effected to the workers; or
(b) where funds are not available, of the date on which
the employer intends to effect payment to the
workers.
(6) Where the employer fails to pay remuneration under
subsection (4), the supervising officer of the Ministry responsible for the subject
of social security shall, within a period of 7 days, pay to the worker from the
Wage Guarantee Fund Account under section 40, any remuneration due.
(7) The liquidator, other than the Official Receiver, a receiver, an
administrator, a special administrator or any person appointed under the
Insolvency Act shall, after realisation of the assets of the company –
(a) inform the supervising officer of the amount available
in respect of the balance of remuneration due to the
worker;
(b) pay the amount due to the worker up to a sum not in
excess of 50,000 rupees to the Wage Guarantee Fund
Account; and
(c) where funds are available, pay to the worker any
remaining balance in excess of 50,000 rupees as the
supervising officer may determine.
(Subsection (6) amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020 w.e.f 7
August 2020)
54
(2) Where any unpaid remuneration is paid into the bank account
of a worker and it is subsequently found by the supervising officer that the
benefit should not have been so paid, the bank shall, on written request to that
effect by the supervising officer, refund the amount so paid to the Wage
Guarantee Fund Account and may debit the bank account accordingly.
(3) The Court may, where it thinks fit and whether or not a claim
to that effect has been made, order an employer to pay interest at a rate not
exceeding 12 per cent per annum on the amount of wages due from the date of
non-payment or short payment of wages to the date of payment.
55
2022 w.e.f 1 July 2022)
(3) Leave specified in subsection (1) or (2) may be taken on full day,
half day or such shorter period as agreed between an employer and a worker.
56
“Y” means the number of days of annual leave to which a
worker is entitled under subsection (1), any other enactment
including any Remuneration Regulations or Wages
Regulations, or any agreement, collective agreement or an
award of the Tribunal or an arbitrator.
(7) A worker who wishes to take more than one day’s annual
leave consecutively shall, except where reasonable cause is shown, give his
employer at least 48 hours’ advance written notice.
(8) Where a worker has not taken or been granted all the leave to
which he is entitled under subsection (1), (2) or (5), he shall be paid a normal
day’s wage in respect of each day’s leave still due to him at the end of the
period of 12 consecutive months.
(b) Paragraph (a) shall not apply to a worker who has, for
the COVID-19 period for the year 2020, performed work during such days as
57
required by his employer.
15/W x Y, where –
N/12 x Y, where –
(Subsection (12) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
58
months, a worker has not taken the sick leave to which he is entitled under
paragraph (a), any outstanding sick leave shall be accumulated.
N/W x Y, where –
“N” means the number of days of work he is required
to perform in a week;
“W” means the number of working days in a week of
a comparable full-time worker;
“Y” means the number of days of sick leave to which
a worker is entitled under subsection (1)(a) or any
other enactment including any Remuneration
Regulations or Wages Regulations, or any agreement,
collective agreement or award of the Tribunal or an
arbitrator.
(b) Where, at the end of a period of
12 consecutive months, a part-time worker has not taken the sick leave to
which he is entitled under paragraph (a), any outstanding sick leave shall be
accumulated.
(3) 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 to one day’s sick leave during each subsequent month up to
the twelfth month, while he remains in continuous employment with that
employer.
(4) Where a worker has exhausted the sick leave provided for
under subsection (1)(a) or (2)(a) and has thereafter been granted sick leave –
(a) for time wholly spent in a hospital, or other medical
institution; or
59
(b) for convalescence purposes after discharge from a
hospital or other medical institution,
such additional sick leave duly certified by a medical practitioner may be
deducted from the accumulated sick leave, under subsection (1)(b) or (2)(b)
and shall be on full pay.
60
worker, who remains in continuous employment with the same employer for a
period of at least 5 consecutive years shall be entitled to vacation leave of not
more than 30 days, whether taken consecutively or otherwise, for every period
of 5 consecutive years, to be spent abroad, locally or partly abroad and partly
locally.
(2) Any subsequent eligibility period of 5 consecutive years shall
be computed after the worker resumes work after the vacation leave under
subsection (1).
(3) The vacation leave under subsection (1) shall be with pay and
such pay shall, in case the worker opts to spend the vacation wholly or partly
abroad, be effected at least 7 working days before the worker proceeds abroad.
61
July 2022)
(2) The leave under subsection (1) shall be with pay where the
worker is attending Court as representative of the employer or on its behalf.
62
51A. Remuneration and leave related to Covid-19 vaccination or RT-
PCR Test
(1) The conditions relating to the payment of remuneration or
grant of leave to a worker employed in an institution specified in subsection
(2), in circumstances where the worker cannot have access to his place of
work pursuant to the Quarantine Act 2020 or any regulations made
thereunder, shall be such conditions as may be prescribed.
“institution” means –
63
in continuous employment with the same employer for a period of 12
consecutive months gives birth to a child, she shall, on production of a
medical certificate, be paid, within 7 days of her confinement, a maternity
allowance, in such amount as specified in the Fourth Schedule.
(3) Where a part-time female worker remains in continuous
employment with the same employer for a period of 12 consecutive months
immediately preceding the beginning of leave specified in subsection (1), she
shall, on production of a medical certificate, be entitled to an allowance
computed in accordance with the following formula –
64
(b) one break of one hour.
(b) The female worker shall be entitled to the break
specified in paragraph (a) for a period of 6 months from the date of
confinement or such longer period as a medical practitioner may recommend and
the period of the break shall not be deducted from the number of hours of work
of the worker.
(8) An employer shall not require a female worker to perform
work in excess of a normal day’s work for a period of at least 2 months before
her confinement.
(9) A female worker who is pregnant shall not, on a medical
certificate produced to this effect and unless a medical practitioner certifies
otherwise, be required to perform duties requiring continuous standing that
may be detrimental to her health or the health of the baby.
(10) An employer shall not, except with the consent of a female
worker, require the female worker to work between 6 p.m. and 6 a.m. during
the 12 months following her confinement.
(11) An employer shall not, at any time, during the period where a
female worker is on maternity leave or is nursing an unweaned child, give to
the female worker notice of termination of employment for any reason, unless
the grounds relates to the economic, technological, structural or similar nature
affecting the employer’s activities.
(12) Where, following a complaint made by, or representation
received by or on behalf, of a worker, the supervising officer is of the opinion
that no adequate arrangements have been made to nurse the unweaned child of
a worker, the supervising officer may, after consultation with a medical
practitioner, give such directions by written notice to the employer as he
thinks fit.
53. Paternity leave
(1) Where the spouse of a male worker, who is in the continuous
employment for a period of 12 consecutive months, gives birth to a child, the
male worker shall –
(a) be entitled to a paternity leave of 5 continuous
working days; or
65
(b) where he is a part-time worker, be entitled to the
number of days of leave in accordance with the
following formula –
66
by the employer as follows –
(i) a sum amounting to 75 per cent of the
expected bonus required under paragraph (a)
shall be paid to the worker not later than 5
clear working days before 25 December of
that year; and
(ii) the balance shall be paid to him not later than
on the last working day of the same year.
the worker shall be paid, not later than the last working day of the month in
which his employment is terminated, he retires or resigns, as the case may be,
a bonus equivalent to one-twelfth of his earnings for that year.
(4) In this section –
67
“worker” means a person drawing a monthly basic wage or
salary of not more than 100,000 rupees;
“year” means a calendar year.
(Subsection (4) amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020 w.e.f 7
August 2020)
(Subsection (3)(aa) inserted by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f
5 August 2021)
68
(2) Any break under this section shall be without pay.
58. Tools
(1) Every employer shall provide to a worker the tools which may
be required for the performance of work.
69
(3) (a) Subject to subsection (1), where a worker attends
work by his own means of transport with the approval of his employer, the
employer shall pay him the equivalent of the return bus fare or light rail fare,
as the case may be.
(6) Any vehicle, other than a bus or a motor car, used to transport
a worker to and from his place of work, shall be licensed for that purpose by
the National Transport Authority under the Road Traffic Act.
(Subsection (1) amended, subsection (3)(a) repealed and replaced and new subsection (7) inserted by the
Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
70
and night duty and a monthly mobile allowance in such amount as specified in
the Fourth Schedule.
(2) The mobile phone provided under subsection (1) shall remain
the property of the employer.
71
(b) by delivery at the residence of the worker,
requiring him to resume his employment, failed to do so within a time
specified in the notice which shall not be less than 24 hours on receipt of the
notice.
(Subsection (4) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
72
agreement on the expiry of a notice, given by him to the other party, of his
intention to terminate the agreement.
(2) An employer shall, at the time of notifying a worker of the
termination of his employment, state the reason of the termination.
(3) Notice may be verbal or written and may, subject to subsection (4),
be given at any reasonable time.
73
of work, where the worker produces a medical
evidence from a Government medical practitioner
that he has not fully recovered from the injury;
(d) a worker becoming or being a member of a trade
union, seeking or holding of trade union office, or
participating in trade union activities outside working
hours or, with the consent of the employer, within
working hours;
(e) a worker, in good faith, filing a complaint, or
participating in proceedings, against an employer,
involving alleged breach of any terms and conditions
of employment;
(f) a worker exercising any of the rights provided for in
this Act or any other enactment, or in any agreement,
collective agreement or award.
(1A) (a) Subject to subsection (2), an agreement shall not be
terminated by an employer during any month in respect of which the employer
is in receipt of financial assistance.
(b) In this subsection –
“financial assistance” includes –
(a) the allowance payable under the Wage
Assistance Scheme pursuant to section 150B
of the Income Tax Act; or
(b) such other financial assistance which is
paid to an employer by the State or an agent
of the State, as the case may be, under any
other enactment or otherwise.
74
on which he becomes aware of the alleged
misconduct, notified the worker of the charge
made against the worker;
(ii) the worker has been given an opportunity to
answer any charge made against him in
relation to his alleged misconduct –
(A) in writing;
(A) in writing;
whichever is applicable;
(aa) where, for the purpose of paragraph (a)(iii), the
worker is given an opportunity to answer any charge
in an oral hearing following his written explanations,
the 7 days’ notice shall be counted only in respect of
the written explanations;
75
(b) unless, where at the time the employer becomes
aware of the conviction of the worker by the Court of
first instance in respect of a charge of alleged
misconduct which was the subject of criminal
proceedings, the worker was in employment or under
suspension –
(A) in writing;
(A) in writing;
76
(ba) for the purpose of paragraph (b)(iii), where a worker
is given an opportunity to answer any charge in an
oral hearing following his written explanations, the 7
days’ notice shall be counted only in respect of the
written explanations;
77
oral hearing following his written explanations, the 7
days’ notice shall be counted only in respect of the
written explanations;
78
hearing save and except, and subject to paragraph (b), where owing to the
illness or death of any of the parties or witnesses, or the reconstitution of the
disciplinary panel or change in the legal or other representatives of the parties,
such hearing cannot be completed during that delay.
(New subsection (1A) inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 23 March 2020)
(Subsections (2), (6), (10) and (11) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No.
15 of 2021 w.e.f 5 August 2021)
(New subsection (1)(ca) inserted, subsections (2)(a)(ii) and (v) repealed and replaced, new subsection
(2)(aa) inserted, subsection (2)(b) amended, subsections (2)(b)(ii) and (iv) repealed and replaced, new
subsection (2)(ba) inserted, subsection (6)(a) repealed and replaced and new subsection (6)(aa) inserted by
the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
79
awaits him at the specified post office.
66. Suspension
the employer shall pay the worker his basic salary for the period of
suspension.
(2) No employer shall suspend a worker unless he has informed
the worker of the reason for his suspension in writing.
(3) Any suspension without pay as disciplinary sanction following a
hearing shall not exceed 4 working days.
(Subsection (1) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of
2021 w.e.f 5 August 2021)
80
business or after a transfer or taking over of a trade or business, the
employment of any worker of the transferor or transferee is terminated, the
termination shall, subject to section 64, be deemed to be without justification
where the ground of the termination is other than economic, technological or
structural ground.
81
section 67; and
(b) make provisions for the terms and conditions on
which a worker may be offered employment by a new
employer following a transfer of undertaking or
taking over of the trade or business of his former
previous employer.
(New subsection (6) inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 23 March 2020)
82
(3) No severance allowance shall, unless otherwise agreed by the
parties, be payable where a worker and an employer enter into an agreement
under section 13(1) and the agreement comes to an end.
69A. Reinstatement
83
“reinstatement” has the same meaning as in the Employment
Relations Act.
(New section (69A) inserted by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f
1 July 2022)
(d) the employer could have in good faith taken any other
course of action instead of terminating the
employment of the worker;
(e) notwithstanding paragraphs (a), (b), (c) and (d), the
termination of agreement of the worker was
unjustified,
order that the worker be paid severance allowance –
(i) for every period of 12 months of continuous
employment, a sum equivalent to 3 months’
remuneration; and
84
which the worker has been in continuous
employment of the employer.
(2) The Court may, where it thinks fit and, whether or not a claim
to that effect has been made, order an employer to pay interest at a rate not
exceeding 12 per cent in a year on the amount of severance allowance payable
from the date of the termination of the agreement to the date of payment.
(3) For the purpose of this section, a month’s remuneration shall be –
(a) the remuneration drawn by the worker for the last
complete month of his employment; or
(b) an amount computed in the manner as is best
calculated to give the rate per month at which the
worker was remunerated over a period of 12 months
before the termination of his agreement, including
payment for extra work, productivity bonus,
attendance bonus, commission in return for services
and any other regular payment,
whichever is higher.
(Subsection (1)(b) amended by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 23 March 2020)
85
“gratuity” includes a gratuity, a compensation or such other
payment, by whatever name called, referred to in section
69(3A).
(Subsection (2) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
86
(1A) (a) Subject to paragraph (b), an employer shall, during
such period as may be prescribed, not reduce the number of workers in his
employment either temporarily or permanently or terminate the employment
of any of his workers or close down his enterprise.
87
a settlement.
(4) The supervising officer may, at the request of any of the
parties specified in subsection (1), provide a conciliation service to assist
parties in the negotiation in view of an agreement.
88
(ii) information on the financial situation of the
debtor and causes and extent of the
difficulties of the debtor;
89
(b) to pay him severance allowance at the rate specified
in section 70(1).
(9) Where the Board finds that the reasons of the notification
made under subsections (5) or (5A) are unjustified, the Board shall make an
order for the employer not to reduce his workforce or close down his
enterprise.
(Subsection (1A) amended and new subsection (5A) inserted by the Finance (Miscellaneous Provisions) Act
2021 – Act No. 15 of 2021 w.e.f 5 August 2021)
90
(Subsections (8) to (11) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2022 – Act
No. 15 of 2022 w.e.f 1 July 2022)
(4) (a) Subject to paragraph (d), where the Board finds that
the reasons for the reduction of the workforce or the closing down are
justified, the Board shall order that the worker shall be paid 30 days’ wages as
indemnity in lieu of notice.
(b) Where the Board finds that the reasons for the
reduction of the workforce or the closing down are unjustified, the Board shall
order the employer to pay to the worker severance allowance at the rate
specified in section 70(1).
(c) Where a worker is paid severance allowance under
paragraph (b), the employer may deduct the contributions payable to the
Portable Retirement Gratuity Fund from the amount of severance allowance
paid to the worker.
91
employer to pay severance allowance.
(5) Where the Board finds that the reasons for the reduction of
the workforce or the closing down are justified under subsection (4)(a), the
Board shall, in lieu of the termination of employment, at the request of the
employer and subject to the consent of the worker concerned, order that the
worker, or such category of workers as the employer may designate, shall
proceed on leave without pay for such period as the employer may specify in
his notification subject to the condition that the resumption of employment be
on such new terms and conditions, including pension benefits, as the
employer may, prior to resumption of work, offer to the worker.
(6) Where the Board makes an order under subsection (4) or (5),
the order shall be enforced in the same manner as an order of the Industrial
Court.
(New section 72A inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 23 March 2020)
(Subsections (1) and (4) amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020
w.e.f 7 August 2020)
(Subsection (4) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
92
Minister for a period of one year;
(g) an economist; and
(h) an accountant.
(5) The economist and the accountant shall be public officers and
shall be designated by the Secretary to Cabinet and Head of the Civil
Service.
(7) The Redundancy Board shall deal with all cases referred to
the Board under section 72.
93
(ii) with the consent of the parties,
94
(a) fails to attend at the time and place specified in the
order;
(b) refuses to answer faithfully any question put to him
by the Board;
(c) gives any false or misleading information;
(d) refuses to produce a document required by the Board,
shall commit an offence.
(Subsection (1) amended and new subsection (1A) inserted by the Finance (Miscellaneous Provisions) Act
2021 – Act No. 15 of 2021 w.e.f 5 August 2021)
(Subsection (1A)(c)(i) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022
w.e.f 1 July 2022)
95
(7) The Board shall regulate its proceedings in such manner as it
may determine.
(8) The Board shall complete its proceedings within 30 days from
the date of notification by the employer.
(9) The Board may extend the period specified in subsection (8)
and 72A(3) for such longer period as may be agreed by the parties to allow the
Board to complete its proceedings.
(Subsection (9) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
(4) Where the Workfare Programme Fund is wound up, its assets
and liabilities shall accrue to the Consolidated Fund.
96
injury benefit calculated in accordance with section 25(2) of
the Social Contribution and Social Benefits Act 2021 and the
maximum appropriate basic wage or salary specified in Part II
of the First Schedule to the Social Contribution and Social
Benefits Act 2021; and
(d) the financing of such social plan for the benefit of workers as
may be prescribed.
(Paragraph (d) amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7of 2020 w.e.f 7
August 2020)
(paragraph (c) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
97
workers as may be prescribed;
(e) all expenses incurred in the administration of the
Workfare Programme Fund.
(Subsection (2)(d) amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020 w.e.f 7
August 2020)
(Subsection (2)(c) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15
of 2022 w.e.f 1 July 2022)
98
(e) 2 representatives of the employers’ organisation, to
be appointed by the Minister after consultation with
the employers’ organisation; and
(f) the administrator of the Workfare Programme Fund.
99
may appoint; and
(b) determine, in the light of the evaluation, whether an
adjustment is necessary to secure the future
evaluation of the Workfare Programme Fund.
100
(6);
(iii) for any other reason, whether justified or not;
and
(b) work has ceased for reasons of –
(i) force majeure;
(ii) death of the employer; or
(iii) a company removed from the register under
the Companies Act;
(ba) where he proceeds on leave without pay pursuant to
an order made by the Board under section 72A (5)
and he has not taken any other employment during
that period of leave without pay;
101
(iii) he was bedridden during the specified period.
(5) Where a worker has made a claim for the payment of the
transition unemployment benefit and the supervising officer is satisfied that the
102
claim is bona fide, the supervising officer shall, within 7 days of the date of the
claim, notify the Ministry responsible for the subject of social security in the
form set out in the Eighth Schedule.
(6) The supervising officer of the Ministry responsible for the
subject of social security shall, not later than 10 days after receipt of a claim
under subsection (5), pay to the worker the transition unemployment benefit to
which he is entitled under subsection (3) or (4).
(7) The transition unemployment benefit shall cease as from the
end of the month in which the worker –
(a) becomes gainfully employed on a full-time basis for a
period of at least 30 consecutive days;
(b) reaches retirement age; or
(c) declines, for the third consecutive time, an offer for a
job or training, which is in accordance with his
profile and qualifications.
(8) Where a worker becomes gainfully employed, he shall, within 7
days accordingly notify the supervising officer, in writing or electronically or in
such other manner as the supervising officer may determine, specifying whether
he is gainfully employed on a full-time basis or otherwise.
(8A) (1) The supervising officer shall, in the case of a worker
who becomes gainfully employed on a full-time basis, within 7 days of the
receipt of the notification under subsection (8), inform the supervising officer
of the Ministry responsible for the subject of social security of that
notification.
103
on a full-time basis for a period of at least 30 consecutive days –
the worker shall refund the payment received to the Workfare Programme
Fund, or request the bank to make the refund, within one month of the date of
payment.
104
(b) shall not exceed the maximum basic wage or salary
specified in Part II of the First Schedule to the Social
Contribution and Social Benefits Act 2021.
105
gainful employment.
(Subsection (1) amended by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 w.e.f
23 March 2020)
(New subsection (2A) inserted by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020
w.e.f 7 August 2020)
(Subsections (2A) and (8) amended, subsection (8A) repealed and replaced and new subsections (1)(e),
(7)(c), (8B) and (8C) inserted by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021
w.e.f 5 August 2021)
(Subsection (10) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1
July 2022)
(2) (a) Where a bank account is closed, the bank shall not be
required to refund the amount paid under subsection (1) to the Workfare
Programme Fund.
106
than the amount paid under subsection (1), the bank shall refund only the
amount standing in the bank account.
107
(3) In this section and in section 86 –
108
agreement, retire before the age of 60; or
(c) in accordance with section 98(1)(a)(iv), (v) or (vi), retire
before attaining the age of 60;
(New paragraph (c) inserted by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
whichever is higher;
“Financial Services Commission” means the Financial Services
Commission established under the Financial Services Act;
(New definition inserted by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
109
(b) any productivity bonus, attendance bonus and payment for
extra work performed,
on the basis of which monthly contribution is paid to the Portable
Retirement Gratuity Fund in relation to the worker;
“self-employed” –
(a) means a person who works for his own account; and
“worker” –
(a) includes –
(i) a worker referred to in section 17;
(ii) a worker who is more than 50 years of age and is not
covered by a private pension scheme; and
(iii) a jockey and track rider engaged in horse racing
activity and such other grade or category of workers,
as may be prescribed, employed in the horse racing
industry; but
110
88. Establishment of Portable Retirement Gratuity Fund
There is established for the purposes of this Part a Fund to be known
as the Portable Retirement Gratuity Fund.
111
(e) a worker drawing a monthly basic wage or salary of
more than 200,000 rupees,
shall be eligible to join the Portable Retirement Gratuity Fund.
112
(b) has not paid contributions for more than 3 months in
accordance with rule 9 of the Private Pension
Schemes (Administration) Rules 2014.
113
responsibility for the subject of social security is assigned.
(2) The Minister referred to in subsection (1) shall, at intervals of
not more than 5 years, or at such shorter interval –
(a) cause an actuarial evaluation of the Portable
Retirement Gratuity Fund to be made by such actuary
as he may appoint; and
114
93. Individual account in respect of every worker or self-employed
(1) There shall be in the Portable Retirement Gratuity Fund, in
respect of every worker or self-employed, an individual non-withdrawal
account.
115
(4) A self-employed may pay such contributions to the Director-
General as may be prescribed and such contributions shall be made and
credited in the individual account of the self-employed in the same manner
provided for in subsections (2) and (3).
(Subsection (1) amended by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 w.e.f
23 March 2020)
116
(ii) where his worker dies,
pay to him, or his legal heirs or legal representative, as the case may be, a
gratuity computed in accordance with section 96(4) in lieu of contributions for
his past services.
(i) to the worker not later than the last day of his
employment; or
(Subsection (2)(a) repealed and replaced, new subsection (2A) inserted and subsection (3)(b) amended by
the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
117
employment, resignation, retirement or death of the worker, any contribution
computed in accordance with section 96(4) or any other enactment for any
past length of service, where contributions were not made to the relevant
pension scheme or fund from the period commencing on the date the worker
was employed up to the date preceding the date when the worker was insured
in the scheme.
(3) For the purpose of subsection (1), where a worker who was in
employment prior to 1 January 2020 resigns from his employment, the
contribution for any past length of service shall start as from 1 January 2020.
(New section 95A inserted by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1
July 2022)
the administrator shall, not later than one month after the date of receipt of the
statement specified in section 102(3), notify the employer and the worker, in
writing, of the amount representing the difference between the value of the
accumulated fund and the lump sum and the computation thereof.
118
(b) The employer to whom a notification is sent under
paragraph (a) shall, not later than one month after the receipt of the notification, pay
into the Portable Retirement Gratuity Fund contributions equivalent to the amount
representing the difference referred to in paragraph (a).
the administrator shall, not later than one month after the date of receipt of the
statement specified in section 102(3), notify the employer and the worker, in
writing, of the amount representing the difference between the value of the
accumulated fund and the lump sum and the computation thereof.
(3) Where a worker retires or dies and the value of the accumulated
fund standing in the account of the worker in respect of his length of service
with the employer, including his past service, is less than the lump sum
computed in accordance with subsection (4), the administrator shall notify the
employer and the worker, his legal heirs or legal representative, as the case
may be, in writing, of the amount representing the difference between the value
of the accumulated fund and the lump sum and the computation thereof.
(4) The lump sum referred to in subsections (1), (2) and (3) shall
be computed –
(a) in the case of a worker other than a part-time worker,
on the basis of –
119
(i) 15 days’ final remuneration for every period
of 12 months’ employment; and
(ii) a sum equal to one twelfth of the sum payable
for 12 months’ employment multiplied by the
number of months during which the worker
has remained in the employment of the
employer, for every period of less than 12
months;
(aa) in the case of a worker, other than a part-time worker
who reckons service with his employer for a period of
less than 12 months, a sum equal to the sum referred
to in paragraph (a)(ii);
120
(6) (a) A worker, legal heirs or legal representative of a
worker, as the case may be, who is not or are not paid the amount representing
the difference referred to in this section shall register a complaint with the
supervising officer.
121
(i) voluntarily retires on or after attaining the age
of 60;
(ii) retires before attaining the age of 60, in
accordance with any other relevant enactment
or any agreement;
(iii) retires at the request of his employer on or
after attaining the retirement age;
(iv) retires before attaining the age of 60, on
grounds of permanent incapacity, duly
certified by a Government medical
practitioner, to perform his work;
(v) retires on grounds of incapacity to perform
his normal work arising from injury sustained
at work and where such incapacity is duly
certified by a Government medical
practitioner; or
(vi) voluntarily retires, before attaining the age of
60, after having completed 436 months with
the same employer with whom he was in
employment at the commencement of this
subparagraph or one or more employers with
whom he was in employment thereafter;
(b) to a self-employed who has contributed to the Portable
Retirement Gratuity Fund, where a request is made by
him to the administrator, on or after attaining the age of
60;
(c) to the legal heirs or legal representative of a worker,
or legal heirs or legal representative of a self-
employed who has contributed to the Portable
Retirement Gratuity Fund, at the death of the worker
or the self-employed.
(2) (a) An application by a worker, by the legal heirs or by the
legal representative of a worker for the payment of a gratuity under this Act
shall be made in such manner as may be prescribed.
122
(b) The administrator shall determine the amount of
gratuity payable to a self-employed, his legal heirs or his legal representative
and pay such gratuity to the self-employed, his legal heirs or his legal
representative.
(New subsection (1)(a)(vi) inserted, subsections (1)(c) and (2) amended by the Finance (Miscellaneous
Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
123
(i) 90 per cent of the value of the accumulated
fund shall be paid on the date of the
retirement of the worker, for the period
starting from the date of employment, up to 2
months prior to the date of retirement; and
124
the value of the accumulated fund in the individual
account of the worker; and
(b) the last employer shall, not later than one month after
a notification is sent to him under section 96(3), pay
to the worker, legal heirs or legal representative, as
the case may be, in respect of the period during which
the worker has been in his employment, the balance of
the gratuity which is the amount representing the
difference between the value of the accumulated fund
and the lump sum or any payment as provided in any
other relevant enactment or any agreement, whichever
is higher.
125
For the purpose of computation of gratuity or lump sum under
sections 95, 96, 99 and 100 –
D = M X 12
N X 52
Where –
126
(2) An employer shall, not later than on 15 July of every year,
submit to the Director-General an annual return in such form as he may
approve, including an updated list consisting of the names and date of birth of
the workers in his employment as at 30 June of that year, and such other
information as may be prescribed.
(3) Where a worker’s employment is terminated or where a
worker dies before the retirement age, the employer shall, not later than one
month after the termination of the employment or death of the worker, as the
case may be, submit to the administrator a return in the form of a statement
setting out in respect of the worker –
(a) his date of entry;
(b) his remuneration for the last month;
(c) the details of the remuneration paid for the last 12
months of employment; and
(d) such other information as may be prescribed.
(4) The employer shall provide to the worker, his legal heirs or
legal representative, as the case may be, a copy of the return specified in
subsection (3).
(5) An employer shall, not later than one month after the cessation
or termination of employment, change of employment, retirement or death, of a
worker, give written notice of the occurrence to the Director-General.
(6) Any employer who fails to comply with subsection (5) shall
commit an offence and shall, on conviction, be liable to a fine of not less than
50,000 rupees and not exceeding 150,000 rupees and to imprisonment for a
term not exceeding 12 months.
(7) The administrator shall, on a quarterly basis, publish the
return on investment on contributions made to the Fund.
(Subsection (4) amended, new subsections (6) and (7) inserted by the Finance (Miscellaneous Provisions)
Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
127
of social security not later than at the end of the month in which the payment is
made.
128
(b) make recommendations to the Minister for the
viability of the Portable Retirement Gratuity Fund,
based on an actuarial evaluation;
(c) make recommendations to the Minister in relation to
matters pertaining to the grant of benefits to the
workers or self-employed under the Portable
Retirement Gratuity Fund;
(d) make recommendations to the Minister on changes
required to the legal and policy decisions with a view
to enhancing the Portable Retirement Gratuity Fund
and maintaining its viability; and
(e) perform any other function in relation to the operation
of the Portable Retirement Gratuity Fund.
(3) The Portable Retirement Gratuity Fund Advisory Committee
shall consist of –
(a) the supervising officer, who shall be the chairperson;
(b) a representative of the Ministry responsible for the
subject of finance;
(c) a representative of the Ministry responsible for the
subject of social security;
(d) 3 representatives of the workers’ organisation, to be
appointed by the Minister after consultation with the
most representative worker’s organisations; and
(e) 3 representatives of the employers’ organisation, to
be appointed by the Minister after consultation with
the most representative employer’s organisations.
(4) The Portable Retirement Gratuity Fund Advisory Committee
shall meet as often as is necessary but at least once every 6 months and at such
time and place as the chairperson thinks fit.
(5) At any meeting of the Portable Retirement Gratuity Fund
Advisory Committee, 5 members shall constitute a quorum.
129
manner as it may determine.
(7) The Portable Retirement Gratuity Fund Advisory Committee
may set up any such subcommittees as may be necessary for the
administration of the Portable Retirement Gratuity Fund.
105. Investment Committee
(1) The Investment Committee set up under section 38 of the
National Pensions Act shall act as the Investment Committee of the Portable
Retirement Gratuity Fund.
(2) Any surplus remaining in the Portable Retirement Gratuity
Fund may be held on deposit with the Government or invested in such manner
as the Investment Committee may determine, having regard to –
(a) the need for an appropriate level of liquidity in the
Portable Retirement Gratuity Fund; and
(b) the need to secure the future value of the Portable
Retirement Gratuity Fund.
106. Audited accounts of Portable Retirement Gratuity Fund
(1) The Portable Retirement Gratuity Fund Advisory Committee
shall cause to be published in the Gazette the audited annual accounts of the
Fund, setting out –
(a) the payments made into and out of the Portable
Retirement Gratuity Fund;
(b) the assets and liabilities of the Portable Retirement
Gratuity Fund with particular reference to any
investment held by the Portable Retirement Gratuity
Fund.
(2) The Minister responsible for the subject of social security shall,
at the earliest available opportunity, lay a copy of the audited annual accounts of
the Portable Retirement Gratuity Fund before the National Assembly.
130
Retirement Gratuity Fund Advisory Committee may determine, an annual
statement of account to each worker after the end of every financial year.
(2) The employer shall not recover from a worker any surcharge
payable under subsection (1).
131
(c) retires at the request of the employer on or after
attaining the retirement age; or
(d) retires before attaining the age of 60, on grounds of
permanent incapacity, duly certified by a Government
medical practitioner, to perform his work; or
(e) retires on grounds of incapacity to perform his normal
work arising from injury sustained at work and where
such incapacity is duly certified by a Government
medical practitioner.
132
N/H x amount of gratuity payable under subsection
(a), where “N” means the number of days of work
performed by the part-time worker in a week and
“H” means the number of days of work performed by
a comparable full-time worker in a week.
(4) An employer may deduct from any gratuity payable under
subsection (3) and section 110 –
(a) half the amount of any gratuity due at the retirement
age or the age of 60 or at death from any fund or
scheme, computed by reference only to the
employer’s share of contributions;
(b) 5 times the amount of any annual pension granted at
the retirement age or the age of 60 or at death from
any fund or scheme, computed by reference only to
the employer’s share of contributions;
(c) any other gratuity granted at the retirement age or the
age of 60 or at death by the employer;
(d) 10 times the amount of any other annual pension
granted at the retirement age or the age of 60 or at
death by the employer.
(5) In this section –
“fund or scheme” means any pension or provident fund or
scheme set up by the employer for the benefit of the worker;
“remuneration” means –
(a) the remuneration drawn by a worker for the last
complete month of his employment with an employer;
or
(b) the average monthly remuneration drawn by a
worker, including payment made over a period of 12
months before the worker ceases to be in the
employment of an employer in any manner
whatsoever as –
133
(i) commission in return of services up to
1,200,000 rupees;
(ii) end of year bonus;
(iii) any other regular payment,
whichever is higher;
“worker” means –
(a) a worker whose retirement benefits are payable in
accordance with a private pension scheme or the
Sugar Industry Pension Fund Act;
(aa) for the purpose of subsection (1A), any worker,
irrespective of his rate of basic wage or salary;
(b) a worker drawing a monthly basic wage or salary of
more than 200,000 rupees and whose retirement
benefits are not payable under any private pension
scheme;
(c) a migrant worker or a non-citizen.
134
(i) 26 days in the case of a worker employed on a
6-day week; and
(ii) 22 days in the case of a worker employed on a
5-day week.
(7) Where a matter relating to the payment of gratuity on
retirement or at death is brought before the Court, the Court may, where it
thinks fit and whether or not a claim to that effect has been made, order an
employer to pay interest at a rate not exceeding 12 per cent per annum on the
amount of gratuity payable from the date of retirement or death to the date of
payment.
(New subsection (1A) inserted and subsection (5) amended by the Finance (Miscellaneous Provisions) Act
2021 – Act No. 15 of 2021 w.e.f 5 August 2021)
(Subsection (6)(b) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15
of 2022 w.e.f 1 July 2022)
(Subsection (1) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1
July 2022)
135
“Sugar Industry Remuneration Regulations” means –
(a) the Sugar Industry (Agricultural Workers) (Remuneration
Order) Regulations 1983; or
(b) the Sugar Industry (Non-Agricultural Workers) (Remuneration
Order) Regulations 1985,
as the case may be;
“worker” –
(a) has the same meaning as in regulation 2(1) of the Sugar
Industry Remuneration Regulations; and
(b) includes a person specified in regulation 2(2) of the Sugar
Industry (Non-Agricultural Workers) (Remuneration Order)
Regulations 1985.
112. Continuous employment of existing workers in sugar industry
Subject to –
(a) this Act;
(b) sections 23 and 23A of the Sugar Industry Efficiency Act; and
(c) section 30 of the Mauritius Cane Industry Authority Act,
136
(b) the transportation of canes, sugar, materials or
supplies used in connection with any work specified
in paragraph (a),
this Act and the Sugar Industry Remuneration Regulations shall apply to the
job contractor in the same manner as they apply to an employer in those
enactments.
(2) (a) Subject to paragraph (b), where an employer has recourse
to one or more job contractors, the total number of man-days performed in any
crop year by –
(i) workers employed by the job contractor; and
(ii) seasonal workers employed by the employer,
shall be determined by the Mauritius Cane Industry Authority, in consultation
with the Ministry responsible for the subject of labour, recognised trade
unions and the employers, on or before 30 April of each year for the following
crop year.
(b) Where an employer has recourse to one or more job
contractors, or intends to employ seasonal workers, he shall, on or before 31
March of each year inform the Mauritius Cane Industry Authority of the
number of seasonal workers he will require for the following crop year.
(c) The number of seasonal workers to be required under
paragraph (b) shall be determined by the Mauritius Cane Industry Authority in
consultation with the recognised trade unions and the employers.
(3) The amount referred to in subsection (2) shall be arrived at
after taking into consideration the award of the Arbitration Panel dated 31 July
2015.
(4) Every employer shall, on or before 31 January of every year,
submit to the supervising officer, separate returns on agricultural workers and
non-agricultural workers, showing in respect of the preceding year –
(a) the number of workers employed by job contractors
under subsection (2)(a)(i);
137
(c) the number of workers employed by him under
section 112; and
(d) the number of man-days performed by the workers
referred to in paragraphs (a), (b) and (c).
138
failed to take any action to prevent or stop the violence.
(5) Any person who contravenes subsection (1), (2) or (4) shall
commit an offence and shall, on conviction, be liable to a fine not exceeding
100,000 rupees and to imprisonment for a term not exceeding 5 years.
(6) The Minister may for the purpose of this section make such
regulations as he thinks fit.
139
of 2020 w.e.f 7 August 2020)
140
The Ministry shall be responsible for maintaining a labour inspection
service which shall –
(a) administer and ensure the enforcement of this Act and any
other relevant enactment relating to labour or employment;
(b) bring to the notice of the Minister defects or abuses not
specifically covered by this Act or any other relevant
enactment relating to labour or employment.
118. Power to make enquiries
(1) The supervising officer may –
(a) enter without previous notice any place of work or
any premises which he has reason to believe is a
place of work other than premises used solely for
residential purposes, except with the permission of
the occupier;
(b) carry out any examination or enquiry to ascertain that
the provisions of this Act are complied with;
(c) interview an employer or his representative and any
person employed in the enterprise, regarding the
application of this Act or any other relevant
enactment relating to labour or employment, and any
such person shall answer such questions;
(d) require the employer to produce any book, record or
other document relating to terms and conditions of
employment, in order to ascertain whether the
provisions of this Act or any other relevant enactment
are complied with;
(e) enforce the posting of such notices as may be
required under this Act or any other relevant
enactment;
(f) require an employer to submit in writing any
information relating to remuneration, the terms and
conditions of employment of a worker, the worker’s
name, address, date of birth, date of commencing
employment and category; and
(g) require an employer or his representative to furnish
141
the facilities and assistance required for entry,
inspection, examination or enquiry in the exercise of
any of the powers conferred under this Act or any
other relevant enactment.
(2) The supervising officer shall, while conducting an inspection
visit, notify the employer or the employer’s representative of his presence,
unless –
(a) neither of them is present or easily accessible at that
time; or
(b) he considers that such notification may be prejudicial
to the performance of his duties.
(3) The supervising officer may request the assistance of a police
officer if he has reasonable cause to apprehend any serious obstruction in the
execution of his duties.
(4) No person shall –
(a) impede or delay the supervising officer in the
exercise of any power under this Act or any other
enactment relating to labour or employment;
(b) fail to comply with a request or to answer a question
of the supervising officer under subsection (1); or
(c) conceal or prevent any person from appearing before
or being examined by the supervising officer or any
officer delegated by him, or attempt to do so.
142
he may, by written notice, summon any person whom he believes can provide
information relating to the offence or the enquiry, to attend and produce any
document which he may require.
shall be deemed to have been duly served with the written notice on the day
on which he refuses to accept delivery thereof or he is informed that it awaits
him at a post office.
143
(1) Any worker may make a complaint to the supervising officer
against his employer or any agent of the employer, in respect of any matter
arising out of his employment.
(2) The supervising officer shall enquire into the complaint made
under subsection (1) in the manner specified in section 118.
144
the employment of a worker, he may serve a notice to the employer requesting
him to comply with the Act or other enactment.
(4) The supervising officer may apply to the Court for a compliance
order if an employer has not complied with a notice of compliance issued
under this section or has not challenged the notice of compliance.
145
123. Offences
(1) Any person who –
(a) fails to credit a worker with the full amount of
remuneration for work done;
(b) makes, or knowingly allows to be made, any entry in
a record required to be kept by an employer which he
knows to be false or misleading in a material
particular;
(c) for the purposes of this Act, produces, furnishes or
knowingly allows to be produced or furnished any
register, report, book, remuneration sheet, record, list,
documents or information which he knows to be false or
misleading in a material particular;
(d) prevents a worker from appearing before the
supervising officer;
(e) knowingly makes a false statement or false
representation for the purpose of, or in connection with
–
(i) the payment of contributions; or
(ii) any claim for benefit or any other payment,
under this Act;
(f) contravenes –
(i) a condition of any authority issued, or
approval given, under this Act;
(ii) any order or direction given under this Act; or
(iii) an order made by the Court or the Board;
(g) contravenes sections 5, 8, 16, 24, 26, 27, 33, 54, 57(2),
64(10) and 118(4),
shall commit an offence.
146
25,000 rupees and to imprisonment for a term not exceeding 2 years.
(3) The Court may, on the conviction of any person under this
Act, where it thinks appropriate, make an order directing that person to
comply with this Act or any order made by the Court within such time as may
be fixed in the order.
(4) A person who fails to comply with an order made under
subsection (3) shall commit an offence and shall, on conviction, be liable to a
fine not exceeding 10,000 rupees.
(New subsection (1)(g) inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 16 May 2020)
(Subsection (1)(g) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f
5 August 2021)
124. Regulations
(1) The Minister may make such regulations as he thinks fit for
the purposes of this Act.
(2) Any regulations made under subsection (1) may provide for –
(a) the levying of fees and charges; and
(b) the amendment of the Schedules.
125. Repeal
The Employment Rights Act is repealed.
126. Consequential amendments
(1) The Human Resource Development Act is amended –
(a) in section 18, in subsection (3)(f), by deleting the
words “section 45 of the Employment Rights Act”
and replacing them by the words “section 76 of the
Workers’ Rights Act 2019.”;
(b) in section 18A, in subsection (2), by deleting the
words “section 33 of the Employment Rights Act”
and replacing them by the words “section 111 of the
Workers’ Rights Act 2019”;
(2) The Income Tax Act is amended, in section 144A (2), by
repealing paragraph (d) and replacing it by the following paragraph –
(d) a contribution, including surcharge in respect
147
of the Portable Retirement Gratuity Fund
under the Workers’ Rights Act 2019.
(3) The Industrial Court Act is amended, in the First Schedule –
(a) by deleting the following words –
Employment Rights Act
148
of the Workers’ Rights Act 2019”;
(ii) by repealing subsection (2);
(iii) in subsection (3), in paragraph (b), by
deleting the words “section 44(1) of the
Employment Rights Act” and replacing them
by the words “section 84 of the Workers’
Rights Act 2019”;
(iv) by repealing subsection (4);
149
(ii) in subparagraph (b), by deleting the words
“before 2 years of service”;
(iii) in subparagraph (c), by deleting the words
“after 2 years of service”;
(b) by adding the following new paragraph –
(7) Where the rate of contribution paid
by an employer in a private pension scheme is less
than the prescribed rate, the employer shall be
required to adjust the rate of contribution to that of the
prescribed rate.
150
specified in the repealed Act.
(4) The Employment Promotion and Protection Division set up
within the Tribunal under section 39A of the repealed Act shall continue to
operate for such period as may be necessary to determine all matters referred to
it by the Permanent Secretary under section 39B of the repealed Act.
(7) Where this Act does not make provisions for the necessary
transition from the repealed Act to this Act, the Minister may make such
regulations as may be necessary for such transition.
151
under section 125.
(New subsection (6A) inserted the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 01 January 2020)
(Subsection (1) amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
128. Commencement
(1) Subject to subsections (2) and (3), this Act shall come into
operation on a date to be fixed by proclamation.
152
FIRST SCHEDULE
[Section 11]
PARTICULARS OF WORK AGREEMENT/CONTRAT DU
TRAVAIL/KONTRA TRAVAY
1. Name of employer/nom de l’employeur/nom lanplwayer …………
……………………..................................………………..............…
153
SCHEDULE - continued
……….………………… …………………….……….
Date/date/dat Signature of employer/signature de
l’employeur/signatir lanplwayer
154
SECOND SCHEDULE
[Section 27(3)(a)]
PAYSLIP
Pay period …………………………………….
1. Name of employer .…………………………………………………
2. NPF Reg.no.ofemployer .……………………………………………
3. Name of worker .……………………………………………………
4. National IdentityCard no. of worker .…………………………………
5. Date of entry .………………………………………………………
6. Category .……………………………………………………………
7. Basic rate of pay .……………………………………………………
8. Total no. of days present at work .…………………………………..
9. No. of day(s) of leave taken .……………………………….………
10. No. of hours of extra work performed and the corresponding extra
payment
(a) ……. x 1.5 = …………………………………………………
. (b) ……. x 2 = ………………………………………………...…
(c) ……. x 3=…………………………………………………….
11. Allowance(s) paid (please specify) ……………..........…………….
………………………………………………………….............……
12. Piece rate earnings .…………………………………………………
13. Total remuneration .………………………………………………….
14. Deduction(s) made and the reasons therefor .…………………………
………………………………………………………………………
………………………………………………………………………
15. Net pay …………………………………………………………..…
16. Contribution to Portable Retirement Gratuity Fund ……………..…
155
THIRD SCHEDULE
[Section 42]
WAGE GUARANTEE FUND ACCOUNT
1. Particulars of insolvent employer
(1) Name and address of employer ……………………………...
(2) Phone no. …………………………………………………….
(3) National pensions registration number ………………………
2. Particulars of worker
(1) National Identity Card no. …………………………………...
(2) Name ……………………………………………….....…….
(3) Phone no. …………………………………………………….
(4) Address …………………………………………………..….
(5) Occupation ……………………………………………….......
(6) Basic wage per month/fortnight/week ………………………
(7) Details of remuneration paid …………………...……………
……………………………………………….......………......
(including wages, end of year bonus and notice)
(8) Details of unpaid remuneration ……………………………...
…………………………………………………...……………
3. Details of employment
(1) Date joined service …………………………………………..
(2) Date of termination of employment …………………………
(3) Reason for termination of employment …..………………….
I certify that the above information is correct.
………………………………....… ……………………………………
Name of employer Signature
……………………………………
Date Seal of employer/company
(where applicable)
156
FOURTH SCHEDULE
[Sections 44, 52, 55 and 60]
ALLOWANCES OR GRANT
(Rs)
1. Meal allowance 85 per day
157
FIFTH SCHEDULE
[Section 68]
CERTIFICATE OF EMPLOYMENT
……………………………. ……………………………
Date Signature of employer
158
SIXTH SCHEDULE
[Sections 78(2)(a) and 84(2)]
From 7th month to end of 12th month 60% of basic wage or salary
From 4th month to end of 6th month 60% of basic wage or salary
From 7th month to end of 12th month 30% of basic wage or salary but not less
than 3,000 rupees
(Schedule repealed and replaced by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020
w.e.f 7 August 2020)
159
SEVENTH SCHEDULE
[Sections 79 and 84(9)]
(a) the one per cent contribution of the worker in the National
Savings Fund Account of the worker and any interests
accrued thereon, to the extent of 50 per cent of the
Transition Unemployment Benefit; and
(b) the Workfare Programme Fund to the level of 50 per cent
of the Transition Unemployment Benefit.
3. Where the total amount under paragraph 2(a) is not sufficient, any
deficiency shall be met from the Workfare Programme Fund.
(Schedule repealed and replaced by Government Notice No. 233 of 2019 w.e.f 24 October 2019)
(Paragraph 3 amended by the Finance (Miscellaneous Provisions) Act 2021 – Act No. 15 of 2021 w.e.f 5
August 2021)
160
EIGHTH SCHEDULE
[Section 84(5)]
TRANSITION UNEMPLOYMENT BENEFIT
1. Particulars of employer
(1) Name .....................................................................................
(2) Phone no. ...............................................................................
(3) National Pensions registration no. ...........................................
(4) Address ....................................................................................
2. Particulars of worker
(1) National Identity Card no. .......................................................
(2) Name .......................................................................................
(3) Phone no. .................................................................................
(4) Address ....................................................................................
(5) Occupation ..............................................................................
(6) Basic wage per month/fortnight/week* ...................................
3. Details of employment
(1) Date joined service ..................................................................
(2) Date of termination of employment .........................................
(3) Reason for termination of employment ...................................
I certify that the worker referred to in paragraph 2 is registered in the Workfare
Programme and is entitled for the transition unemployment benefit.
.................................................. ....................................................
Date Supervising Officer
Ministry of Labour, Industrial Relations,
Employment and Training
*
Delete as appropriate
(Amended by the Finance (Miscellaneous Provisions) Act 2020 – Act No. 7 of 2020 w.e.f 7 August 2020)
__________________
161
NINTH SCHEDULE
[Section 24A]
SECTORS
_______________
(New Schedule inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 w.e.f
23 March 2020)
162
TENTH SCHEDULE
[Section 72]
(New Schedule inserted by the Finance (Miscellaneous Provisions) Act 2020 – Act No.7 of 2020 w.e.f 7
August 2020)
163
ELEVENTH SCHEDULE
[Section 72A]
164