Employment Relations Act 2008

A CONSOLIDATED VERSION OF THE EMPLOYMENT RELATIONS ACT 2008 –
(as at 2 August 2023)
THE EMPLOYMENT RELATIONS ACT 2008 – Act No. 32 of 2008

(Gazetted on 27 September 2008)
As amended by
The Finance (Miscellaneous Provisions) Act 2009 – Act No. 14 of 2009 – (Gazetted on 30
July 2009)
The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013 – (Gazetted on 9
May 2013)
The Police (Membership of Trade Union) Act 2016 – Act No. 25 of 2016 – (Gazetted on 3
December 2016)
The National Wage Consultative Council Act 2016 – Act No. 6 of 2016 – (Gazetted on 28
May 2016)
The Employment Relations (Amendment) Act 2019 – Act No. 21 of 2019 – (Gazetted on 23
August 2019)
The COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 – (Gazetted on 16
May 2020)
The Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
The Finance (Miscellaneous Provisions) Act 2023 – Act No.12 of 2023 w.e.f 20 July 2023)
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ARRANGEMENT OF SECTIONS
Section
PART I – PRELIMINARY
1. Short title
2. Interpretation
3. Application of Act
PART II – REGISTRATION OF TRADE UNIONS
4. Application for registration

5. Registration of trade unions
6. Certificate of registration
7. Cancellation of registration
8. Register of trade unions
PART III – CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
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Sub-Part A – Status, Rules, Membership and Dissolution
9. Trade union to be body corporate

10. Registered office
11. Rules of trade unions
12. Amendment of rules or change of name
13. Membership
14. Officers and negotiators
15. Amalgamation of trade unions
16. Federations and confederations
17. Affiliation to international workers’ organisations
18. Meetings of trade unions
19. Taking of ballots
20. Voluntary dissolution of trade unions
Sub-Part B - Property and Funds
21. Application of funds

22. Disposal of property
Sub-Part C - Accounts and Returns
23. Keeping of records

24. Statements to annual general assembly
25. Annual return to Registrar
26. Duty to make records available for inspection
27. Request for inspection
28. Powers of Registrar
PART IV - PROTECTION OF FUNDAMENTAL RIGHTS
Sub-Part A - Basic Workers' Rights to Freedom of Association
29. Right of workers to freedom of association

30. Protection of trade union of workers against acts of interference
31. Protection against discrimination and victimisation
Sub-Part AA – Workers’ Rights to be Represented at Workplace
31A. Right of workers to be represented at workplace
Sub-Part B - Basic Employers' Rights to Freedom of Association
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32. Rights of employers
33. Protection of trade union of employers against acts of interference
Sub-Part C - Prohibition of Closed Shop
34. Closed shop agreement to be void
PART V - COLLECTIVE BARGAINING
Sub-Part A - Code of Practice
35. Promotion of good employment relations
Sub-Part B - Negotiating Rights
36. Application for recognition

37. Criteria for recognition of trade union of workers
38. Order for recognition of a trade union of workers
38A. Successor rights and obligations
39. Revocation or variation of recognition of trade union of workers

40. Access to workplace
41. Access to information
42. Time-off facilities
Sub-Part C - Check-off agreements and agency shop orders
43. Check-off agreements

44. Order for check-off agreements
45. Provisions relating to check-off agreements
46. Agency shop agreements
47. Application for agency shop orders
48. Effect of agency shop orders or agency shop agreements
49. Operation of agency shop agreements or orders
50. Payments in accordance with check-off agreements or agency shop agreements
or orders
Sub-Part D - Bargaining Process
51. Procedure agreements

52. Terms of procedure agreements
53. Bargaining procedure
54. Unfair labour practices
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Sub-Part E - Collective Agreement
55. Duration of collective agreement

56. Application of collective agreement
57. Scope of collective agreement
58. Variation of collective agreement
59. Extension of collective agreement to another employer
60. Extension of collective agreement to the whole of the industry
61. Registration of collective agreement
62. Procedure for interpretation of collective agreement
62A. Review of wages and conditions of employment by Salary Commissioner
PART VI - LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES
Sub-Part A – Labour Disputes
63. Voluntary arbitration

64. Reporting of labour disputes
65. Rejection of labour disputes
66. Appeal to Tribunal
67. Limitation on report of labour disputes
Sub-Part B - Conciliation, Mediation and Arbitration
68. Conciliation service by Supervising Officer

69. Conciliation and Mediation
70. Arbitration
70A. Referral by supervising officer
71. Exclusion of jurisdiction of Tribunal
Sub-Part C – Award of Tribunal
72. Award and its effects

73. Extension of award to another employer
74. Extension of award to the whole of the industry
75. Interpretation of award
PART VII – STRIKES AND LOCK-OUTS
76. Right to strike and recourse to lock-out

77. Limitation on right to strike or recourse to lock-out
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78. Strike ballot
79. Notice of strike or lock-out
79A. Conciliation service by Minister
80. Picketing
81. Minimum service
82. Acute national crisis
83. Legal effect of strike on contract of employment
84. Civil and criminal immunity
PART VIII - EMPLOYMENT RELATIONS INSTITUTIONS
Sub-Part A - Employment Relations Tribunal
85. Establishment of Employment Relations Tribunal

86. Functions of Tribunal
Sub-Part B - Commission for Conciliation and Mediation
87. Establishment of Commission

88. Functions of Commission
89. Reference by Minister
Sub-Part C - National Remuneration Board
90. Establishment and functions of National Remuneration Board

91. Reference to Board
91A. Determination of wages on occupational basis
92. Procedure of Board
93. Remuneration Regulations or Wages Regulations
94. Power to make regulations to reflect payment of additional remuneration
95. Effect of Remuneration Regulations or Wages Regulations
96. Employment of disabled or incapacitated person
Sub-Part D - General
97. Principles to be applied by Tribunal, Commission and Board
Sub-Part E – Intervention by Attorney-General

98. Intervention by Attorney-General
Sub-Part F – National Tripartite Council
98A. Establishment of Council

98B. Objects of Council
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98C. Functions of Council
98D. Composition of Council
98E. Meetings of Council
98F. Commissions
98G. Functions of Commissions
98H. Staff of Council
98I. Annual report
PART IX – APPLICATION OF ACT TO RODRIGUES
99. Establishment of Rodrigues Commission for Conciliation and Mediation
PART X – OFFENCES AND PENALTIES
100. Prevention of intimidation

101. Calling and financially assisting unlawful strikes or lock outs
102. Offences by trade unions and officers
103. Other offences
104. Offence by employers
PART XI – MISCELLANEOUS
105. Jurisdiction
106. Regulations
107. Repeal
108. Savings and transitional provisions
109. Commencement
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An Act
To amend and consolidate the law relating to trade unions, fundamental
rights of workers and employers, collective bargaining, labour disputes
and related matters
ENACTED by the Parliament of Mauritius, as follows –
PART I - PRELIMINARY
1. Short title
This Act may be cited as the Employment Relations Act 2008.
2. Interpretation
In this Act, unless the context otherwise requires -
"accounting date", in relation to a registered trade union, means the closing

date of its accounting period;
"accounting period" means the period specified in section 24(2);
"agency shop order" means an order made under section 47;
“atypical worker” has the meaning assigned to it in the Workers’ Rights Act
2019;
(New definition inserted by The Employment Relations (Amendment) Act 2019 – Act No. 21
of 2019 w.e.f 27 August 2019)
“auditor” means any person appointed as such at a general assembly of a

trade union;
“award” means an award made by the Tribunal;
“bargaining agent” means any trade union, or where there is a joint

negotiating panel, such joint negotiating panel having negotiating rights to
bargain collectively on behalf of the workers in a bargaining unit;
“bargaining unit” means workers or classes of workers, whether or not

employed by the same employer, on whose behalf a collective agreement may
be made;
“Board” means the National Remuneration Board deemed to have been

established under section 90;
“branch” means a branch of a trade union;
“check-off agreement” means an agreement between an employer and a trade

union for trade union fees to be deducted from the wages of a worker by the
employer and paid to the trade union;
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“civil service union” means a trade union of workers, membership of which is
confined to public officers;
“cluster” means a concentration of enterprises and institutions which are

interrelated in a particular field of economic activity;
(New definition inserted by The Employment Relations (Amendment) Act 2019 - Act No. 21
of 2019 w.e.f 27 August 2019)
“collective agreement” means an agreement which relates to terms and

conditions of employment, made between –
(a) a recognised trade union, a group of recognised trade unions or a joint
negotiating panel; and
(b) an employer or a group of employers;

(Definition deleted and replaced by The Employment Relations (Amendment) Act 2019 - Act
No. 21 of 2019 w.e.f 27 August 2019)
“collective bargaining” means negotiations relating to terms and conditions of

employment or to the subject-matter of a procedure agreement;
“Commission” means the Commission for Conciliation and Mediation deemed

to have been established under section 87 or the Rodrigues Commission for
Conciliation and Mediation under section 99, as the case may be;
“confederation” means an association of federations having as one of its

objects the regulation of employment relations between workers and
employers;
No. 21 of 2019 w.e.f 27 August 2019)
“contract of employment” means a contract of service or of apprenticeship,

whether express or implied;
“disciplined force” has the same meaning as in section 111 of the

Constitution;
“employer” includes a person, an enterprise, the State, a statutory

corporation, a body of persons employing a worker, or a group of employers
or a trade union of employers;
“enterprise” includes a unit of production;
“federation” means an association of trade unions having as one of its objects

the regulation of employment relations between workers and employers;
No. 21 of 2019 w.e.f 27 August 2019)
“fire services” has the meaning assigned to it by the Fire Services Act;
“industry” includes a business or part of an industry;
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“joint negotiating panel” means the representatives of 2 or more trade unions
of workers having negotiating rights;
“labour dispute” –
(a) means a dispute between a worker, a recognised trade union of

workers or a joint negotiating panel, and an employer which relates
wholly or mainly to –
(i) the wages, terms and conditions of employment of, promotion
of, or allocation of work to, a worker or group of workers;
(ii) the reinstatement of a worker, other than a worker who is

appointed by, or under delegated powers by, the Disciplined
Forces Service Commission, the Judicial and Legal Service
Commission, the Local Government Service Commission or the
Public Service Commission where the worker is suspended from
employment on ground of alleged misconduct, excluding alleged
misconduct which is subject to criminal proceedings;
(aa) includes a referral under section 70A;
(b) does not, notwithstanding any other enactment, include a dispute by a

worker made as a result of the exercise by him of an option to be
governed by the recommendations made in a report of the Pay
Research Bureau or a salary commission, by whatever name called, in
relation to remuneration or allowances of any kind;
(c) does not include a dispute that is reported more than 3 years after the
act or omission that gave rise to the dispute;
(Amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013 w.e.f
11 June 2013; Paragraph (a) repealed and replaced by The Employment Relations
(Amendment) Act 2019 - Act No. 21 of 2019 w.e.f 27 August 2019)
(Paragraph (a)(ii)(B) repealed by the Finance (Miscellaneous Provisions) Act 2022 – Act No.
15 of 2022 w.e.f 1 July 2022)
(Paragraph (a)(ii) repealed and replaced and new paragraph (aa) inserted by the Finance
(Miscellaneous Provisions) Act 2023 – Act No. 12 of 2023 w.e.f 1July 2022)
“local authority” has the same meaning as in section 2 of the Local

Government Act 2003;
“local government officer” has the same meaning as in section 111 of the
Constitution;
“lock-out” means any action taken by an employer, whether or not in

contemplation or furtherance of a labour dispute and whether or not the
employer is a party to a dispute, which consists in -
(a) the exclusion of a group of workers from a place of employment;
(b) the suspension of work in a place of employment; or
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(c) the collective, simultaneous or otherwise connected termination or
suspension of employment of a group of workers;
“managing committee” means the managing committee entrusted with the
management of a trade union;
“member” means a member of a trade union;
“Minister” means the Minister to whom responsibility for the subject of

labour and employment relations is assigned;
“Ministry” means the Ministry responsible for the subject of labour and
employment relations”;
“negotiating rights” means the right to participate in collective bargaining;
“negotiator” means a person appointed under section 14(2);
“office bearer” means an officer who is assigned a specific office in the

managing committee;
“officer”, in relation to a trade union, means –
(a) a member of the managing committee;
(b) a member of the managing committee of a branch;
(c) a workplace representative designated by the managing committee to
represent the trade union;
“part-time worker” has the same meaning as in the Workers’ Rights Act
2019;
(New definition inserted by The Employment Relations (Amendment) Act 2019 - Act No. 21
of 2019 w.ef 27 August 2019)
“Pay Research Bureau” (Definition repealed by The Finance (Miscellaneous

Provisions) Act 2009 - Act No.14 of 2009 w.e.f 1 July 2009)
“president” means the president of a trade union and includes any officer
who acts or purports to act as the president of the trade union;
“procedure agreement” means an agreement which relates to –

(a) machinery for negotiation with regard to, or for, the settlement of
terms and conditions of employment;
(b) negotiating rights;
(c) facilities for officers in relation to trade union activities;
(d) the establishment of a minimum service as specified in section 81;
(e) procedures relating to disciplinary matters; or
(f) procedures relating to grievances of individual workers;
"public officer" has the same meaning as in section 111 of the Constitution;
“public service” has the same meaning as in section 111 of the Constitution;
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“recognition” means the recognition of a trade union of workers, or a joint
negotiating panel, by an employer for the purpose of collective bargaining;
"register" means the register required to be kept by the Registrar under
section 8;
"registered" means registered under this Act;
"registered office" means the registered place of business of a trade union;
“Registrar” means the Registrar of Associations under the Registration of
Associations Act;
“reinstatement”, subject to section to section 70A, means the reinstatement

of a worker, by his employer, back to the worker’s former position on the
same terms and conditions of employment prevailing before his suspension
from work on ground of alleged misconduct;
(Definition deleted and replaced by the Finance (Miscellaneous Provisions) Act 2023 – Act
No. 12 of 2023 w.e.f 1 July 2022)
“Regulations” –
(a) means any regulations made by the Minister under section 93; and
(b) includes –
(i) any Remuneration Regulations;
(ii) Wages Regulations made by the Minister under section 93, for
the purpose of determining wages on an occupation basis.
(Definition deleted and replaced by the Finance (Miscellaneous Provisions) Act 2023 – Act
No. 12 of 2023 w.e.f 20 July 2023)
“secretary” means the secretary of a trade union and includes any officer who
acts or purports to act as secretary of the trade union;
“sole bargaining agent” means a trade union of workers or a joint negotiating

panel which has exclusive negotiating rights in respect of a bargaining unit;
"special fund" means a fund of a trade union to which the members of the
trade union are free not to contribute;
"strike" means any action taken by a group of workers whether or not in
furtherance of a labour dispute, and whether or not they are parties to the
dispute, which consists in –
(a) a concerted stoppage of work; or
(b) a concerted course of conduct, including going slow or working to rule,
which is carried on –
(i) with the intention of preventing, reducing or otherwise
interfering with the production or distribution of goods, or the
provision of services; and
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(ii) in the case of some or all of the workers involved, in breach of
their obligations to their employer or in disregard of the normal
arrangements between them and their employer;
“supervising officer” means the supervising officer of the Ministry;
No. 21 of 2019 w.e.f 27 August 2019)
"trade union" –
(a) means a registered association of persons having as one of its objects the
regulation of employment relations between workers and employers;
(b) includes a federation or a confederation, except in relation to sections
5(1)(e) and (f), 7(1)(c) and (e), 13, 16(1), (1A), (2) and (2A), 29, 32(1), (2) and
(3), and 43 to 50;
(Amended by The Employment Relations (Amendment) Act 2019 - Act No. 21 of 2019 w.e.f
27 August 2019)
"trade union fee" means a regular subscription payable to a trade union by a

member as a condition of his membership, but does not include any other
subscription or levy;
"treasurer" means the treasurer of a trade union and includes any officer
who acts or purports to act as the treasurer of the trade union;
“Tribunal” means the Employment Relations Tribunal deemed to have been

established under section 85;
“wages" means all the emoluments payable to a worker under a contract of
employment;
“worker” –
(a) means a person who has entered into or who works under a contract
of employment, or a contract of apprenticeship with an employer, other
than a contract of apprenticeship regulated under the Mauritius
Institute of Training and Development Act, whether by way of casual
work, manual labour, clerical work or otherwise and however
remunerated;
(b) includes –
(i) a part-time worker, a former worker or an atypical worker;
(ii) a person who has accepted an offer of employment.
(Paragraph (a) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5
of 2013 w.e.f 11 June 2013; Paragraph (b)(i) repealed and replaced by The Employment
Relations (Amendment) Act 2019 - Act No. 21 of 2019 w.e.f 27 August 2019)
3. Application of Act
(1) Subject to subsections (2), (2A) and (3), this Act shall bind the State.
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(2) This Act shall not apply to a member of a disciplined force, except the
Mauritius Fire and Rescue Service, the Mauritius Prisons Service and the Police
Force.
(2A) Section 31(3)(c) and Part VII shall not apply to a member of the Police
Force.
(3) Sub-Part C of Part VIII shall not apply to the public service and the
disciplined force.
(Section 3 amended by The Police (Membership of Trade Union) Act 2016 - Act No. 25 of 2016 w.e.f
9 January 2017; Subsection (1) amended by The Employment Relations (Amendment) Act 2019 -
Act No. 21 of 2019 w.e.f 27 August 2019)
PART II – REGISTRATION OF TRADE UNIONS

4. Application for registration
(1) Any trade union shall, not later than 30 days after the date of its
formation, apply to the Registrar for registration.
(2) An application for registration of a trade union shall be in the

approved form and shall be accompanied by –
(a) the prescribed fee;
(b) 2 copies of the rules of the trade union;
(c) a certified copy of the minutes of proceedings of the meeting
approving the formation of the trade union; and
(d) a statement of particulars, which shall include the address of
the registered office of the trade union.
(3) The Registrar may by written notice, within 14 days of the receipt of an
application under subsection (1), require the applicant trade union to provide any
additional information which he may reasonably require for the purpose of
considering the application.
(4) The Registrar may, where the applicant trade union fails to comply
with the requirements of subsection (3), refuse the application.
5. Registration of trade unions
(1) The Registrar may register a trade union where –

(a) the requirements of section 4 have been complied with;
(b) the rules of the trade union comply with this Act and the
Constitution of Mauritius;
(c) the name of the trade union is not the same as that of a
registered trade union or does not bear close resemblance to
that of a registered trade union;
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(d) in the case of a trade union of workers that has public officers
as members, membership is limited to public officers;
(e) the trade union of workers has a minimum of 30 members;
(f) the trade union of employers has a minimum of 5 members.
(2) The Registrar shall, not later than 30 days –

(a) after receipt of an application for registration; or
(b) after receipt of information requested for under section 4 (3),
register or refuse to register the trade union.
(3) …………
(4) Subsection 1(d) shall not apply in relation to the registration of a

federation or a confederation comprising civil service unions and other trade
unions.
(5) Where the Registrar registers a trade union under subsection (2), he
shall publish a notice of registration in the Gazette and in 2 daily newspapers,
specifying, inter alia, the address of the registered office.
(6) Where the Registrar refuses to register a trade union, he shall, within
7 days of his decision, give written notice to the applicant trade union stating the
grounds of the refusal.
(7) An applicant trade union aggrieved by a decision not to register the

trade union under subsection (2) may, within 21 days of the written notice, under
subsection (6), appeal to the Tribunal against that decision.
(8) Any other registered trade union aggrieved by a decision of the

Registrar to register a trade union may, within 21 days of the publication of the
notice in the Gazette, appeal to the Tribunal against that decision.
(9) The Tribunal shall hear and determine an appeal made under
subsection (7) or (8) within 90 days of the date of lodging of the appeal.
(9A) An appeal under subsection (8) shall be heard in the presence of the
trade union registered under subsection (2).
(10) A trade union which has not obtained its registration, whether by the
Registrar or on appeal, shall be dissolved forthwith and be wound up within 30
days of the decision of the Registrar, or the decision on appeal, as the case may be.
(11) Where a trade union is not wound up within the time specified in sub-
section (10), every officer of the trade union shall commit an offence and the trade
union shall be wound up by the Registrar in the prescribed manner.
(Subsection (3) repealed, subsection (5) amended and new subsection (9A) inserted by The
Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June 2013)
6. Certificate of registration
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(1) The Registrar shall, within 7 days of the registration of a trade union,
issue a certificate of registration to the trade union.
(2) A certificate of registration shall be in the approved form and shall,

unless the registration is cancelled under section 7, be conclusive evidence that the
trade union is registered.
7. Cancellation of registration
(1) The registration of a trade union may be cancelled on the ground that
–
(a) the trade union has ceased to exist or function;
(b) the registration was obtained by fraud or misrepresentation;
(c) the membership of the trade union has fallen below the required
minimum specified in section 5(1)(e) or (f);
(d) the trade union has persistently been infringing the
requirements of its rules or Parts II and III of this Act and has
failed to remedy the default, within such time limit as may be
specified in a notice of default issued by the Registrar; or
(e) in the case of a trade union that has public officers as members,
membership has not been limited to public officers.
(2) Where the Registrar –
(a) receives an application from a registered trade union for the

cancellation of another trade union on any of the grounds
specified in subsection (1); or
(b) after examination of returns submitted under section 25 has
reasonable cause to believe that the registration of a trade union
should be cancelled,
he shall, by written notice, require the trade union to show cause, within such time
limit as may be specified in the notice, why the registration should not be
cancelled.
(3) Where the Registrar is of the opinion that the registration of a trade
union should be cancelled on any of the grounds under subsection (1), or where the
trade union fails to show cause, or objects to the application for cancellation as
required under subsection (2), the Registrar shall apply to the Tribunal for
cancellation.
(4) Where, on an application under subsection (3), the Tribunal is

satisfied that the registration of a trade union should be cancelled, the Tribunal
may adjourn the hearing so as to allow the trade union to remedy the default or
failure, or may direct the Registrar to cancel the registration of the trade union.
(5) Where, after an adjourned hearing, the Tribunal finds that the trade
union has not taken adequate steps to remedy the default or failure, it shall direct
the Registrar to cancel the registration of the trade union.
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(6) The Tribunal shall complete its proceedings within 90 days of the date
of application for cancellation under subsection (3).
(7) Where the Tribunal directs the cancellation of the registration of a

trade union, the order shall also provide for the disposal of the assets of the trade
union as provided for in the rules of that trade union or in the absence of such
rules, as the Tribunal may order.
(8) Where the registration of a trade union is cancelled –

(a) the Registrar shall publish a notice of the cancellation in the
Gazette and in at least 2 daily newspapers;
(b) the trade union shall forthwith cease to engage in any trade
union activity; and
(c) the trade union shall be wound up within 30 days or such
longer period as the Registrar may allow, after the date of
publication of the notice in the Gazette under subsection (a) or,
where there is an application for judicial review, within 30 days
of the judgment of the Supreme Court confirming the order of
the Tribunal, as the case may be.
(9) Where a trade union is not wound up within the time specified in
subsection (8)(c), every officer of that union shall commit an offence and the trade
union shall be wound up by the Registrar in the prescribed manner.
(10) Any party aggrieved by the decision of the Tribunal may apply for a
judicial review and the Supreme Court may stay execution of the decision of the
Tribunal pending the determination of the application.
(Subsection (1)(c) repealed and replaced by The Employment Relations (Amendment) Act 2013 –
Act No. 5 of 2013 w.e.f 11 June 2013)
8. Register of trade unions
(1) The Registrar shall keep a register of trade unions, including

federations and confederations, in the approved manner.
(2) Any interested person may, on written application to the Registrar and
against payment of the prescribed fee, at all reasonable times, inspect the register.
PART III – CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
Sub-Part A – Status, Rules, Membership and Dissolution
9. Trade union to be body corporate
(1) A registered trade union shall be a body corporate.
(2) Every notice or other document required to be served on or sent to a

trade union or to an officer shall be deemed to have been duly served or sent, if
forwarded by registered post to the address of the registered office of the trade
union.
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10. Registered office
(1) Every trade union shall have a registered office to which all
communications and notices may be addressed.
(2) All the books and documents relating to a trade union shall be
available for inspection by the Registrar, or by any member or any interested
person, at its registered office.
(3) A trade union shall give notice to the Registrar, within 7 days, of any
change of address of its registered office.
11. Rules of trade unions
(1) The matters specified in the First Schedule shall provide practical
guidance for the rules of a trade union.
(2) The Secretary of a trade union shall, on request made to him, provide
to any member a copy of the rules of the trade union –
(a) free of charge, for a first copy; and
(b) on payment of a prescribed fee, for subsequent copies.
12. Amendment of rules or change of name
(1) Subject to subsection (2), a trade union may, in accordance with its
rules, amend its rules or change its name by a resolution approved at a general
assembly.
(2) An amendment to the rules or change of the name of a trade union

shall not have effect until it is registered with the Registrar.
(3) An application for registration pursuant to subsection (2) shall be

made in the approved form to the Registrar within 30 days of the date of the
resolution approving the amendment or change and shall be accompanied by –
(a) two certified copies of the amendment of rules;
(b) a certified copy of the minutes of proceedings of the general

assembly where such resolution was approved; and
(c) the prescribed fee.
(4) The Registrar may by written notice, within 14 days of the receipt of an
application under subsection (3), require the applicant trade union to provide any
additional information which he may reasonably require for the purpose of
considering the application.
(5) The Registrar shall, within 21 days of –
(a) the receipt of the application for a change of name; or
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(b) the receipt of the information requested for under subsection
(4),
register the change of name, where the name of the trade union is not the same as
that of any other registered trade union or does not bear close resemblance to that
of a registered trade union, or refuse to register the change of name.
(6) The Registrar shall, within 21 days of –

(a) the receipt of the application for amendment of the rules of the
trade union; or
(b) the receipt of the information requested for under subsection
(4),
register, or refuse to register such amendment.
(7) The Registrar shall, within 14 days of the registration of the change of
name under subsection (5), publish in the Gazette and in 2 daily newspapers a
notice of the change of name of the trade union.
(8) Any trade union aggrieved by the decision of the Registrar to register a
change of name under subsection (5) may appeal against the decision to the
Tribunal within 21 days of the publication of the notice under subsection (7) and
on hearing the parties, the Tribunal may confirm or order the revocation of the
decision of the Registrar.
(8A) An appeal under subsection (8) shall be heard in the presence of the
trade union of which the change of name has been registered under subsection (5).
(9) The Registrar shall, on registering an amendment of the rules or a

change of the name of a trade union, issue to the trade union a certificate in the
approved form.
(10) Where the Registrar refuses to register an amendment of the rules or a

change of the name of a trade union, he shall, within 14 days of his decision, give
written notice thereof to the applicant trade union stating the grounds for his
refusal.
(11) Any applicant trade union aggrieved by the decision of the Registrar
under subsection (10) may appeal against the decision of the Registrar to the
Tribunal within 21 days of the receipt of the notice under subsection (10) and, on
hearing the parties, the Tribunal may confirm or order the revocation of the
decision of the Registrar.
(12) The Tribunal shall hear and determine an appeal made under
subsection (8) or (11) within 90 days of the date of lodging of the appeal.
(New subsection (8A) inserted by The Employment Relations (Amendment) Act 2013 – Act No. 5 of
2013 w.e.f 11 June 2013)
13. Membership
(1) A person shall be entitled to be a member of a trade union where –
18
(a) he is a citizen of Mauritius or, in the case of a non-citizen, he
holds a valid work permit and renews his union membership on
31 December of each year by producing a copy of his work
permit to the secretary; and
(b) he is engaged, whether full time, part-time, temporarily or
permanently, in any undertaking, business, or occupation, the
workers of which the trade union purports to represent; or
(c) he has been a worker at any time.
(2) The minimum age for membership of a trade union shall be 16 years
or such greater age as may be specified in the rules of the trade union.
(Subsection (1)(a) amended by the Finance (Miscellaneous Provisions) Act 2023 – Act No. 12 of
2023 w.e.f. 20 July 2023)
14. Officers and negotiators
(1) No member shall be qualified to become or, having been so appointed

or elected, continue to be an officer of a trade union where he –
(a) is under the age of 18;
(b) has, within the 3 preceding years, been convicted of an offence
involving fraud or dishonesty; or
(c) is not a member of that trade union.
(2) No person shall act as –
(a) negotiator of a trade union unless he has been appointed by the

managing committee of the trade union; or
(b) an officer unless he is qualified under subsection (1).
(3) A person who is not a member may be appointed as negotiator of a

trade union.
(4) Where a person, who is not a member, is appointed negotiator, he

shall not, by that fact, become a member of that trade union.
(5) A trade union shall communicate the name and address of the
negotiator appointed under subsection (2) to the Registrar within 14 days of the
appointment.
(6) Every trade union shall cause the name and title of every officer to be
prominently exhibited in its registered office and all of its branches within 7 days of
the appointment.
(7) Every trade union shall, not later than 7 days after the appointment or
election of its officers, office bearers and auditors and of every change among its
officers, office bearers, negotiators and auditors or in their titles, give written notice
to the Registrar of the appointment, election or change.
19
15. Amalgamation of trade unions
(1) Subject to subsection (1A), 2 or more trade unions may amalgamate to

form one trade union, where a resolution for amalgamation is approved in
accordance with the rules of each trade union concerned.
(1A) A trade union of police officers shall not amalgamate with any other
trade union to form one trade union, except with another trade union of police
officers.
(2) Where the Registrar registers a trade union formed by an

amalgamation of 2 or more trade unions, he shall cancel the registration of those
trade unions forthwith.
(3) An amalgamation of trade unions shall have no effect unless the trade
union formed by the amalgamation is registered.
(4) All property belonging to the trade unions which have amalgamated
shall belong to the newly formed trade union on its registration.
(5) In this section –
“trade union of police officers” means a trade union, the membership

of which is limited to police officers, having for its objects the control or
influence of the pay, pensions, or conditions of service of police
officers.
(Subsection (1) amended, new subsections (1A) and (5) inserted by The Police (Membership of
Trade Union) Act 2016 - Act No. 25 of 2016 w.e.f 9 January 2017)
16. Federations and confederations
(1) Subject to subsection (1A), 2 or more trade unions may form a

federation where a resolution to that effect is approved in accordance with the rules
of each trade union concerned.
(1A) A trade union of police officers shall not join with any other trade
union to form a federation, except with another trade union of police officers.
(2) A trade union may join or leave a federation where a resolution to that
effect is approved in accordance with the rules of the trade union.
(2A) A trade union may join one or more federations of its choice but, for
the purpose of determining the representativeness and strength of any federation,
the affiliation of the trade union to only one federation shall be taken into
consideration.
(3) Subject to subsection (3A), 2 or more federations may form a
confederation where a resolution to that effect is approved in accordance with the
rules of each federation concerned.
(3A) A federation of police officers shall not join with any other federation to
form a confederation, except with another federation of police officers.
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(4) A federation may join or leave a confederation where a resolution to
that effect is approved in accordance with the rules of the federation.
(4A) A federation may join one or more confederations of its choice but, for
the purpose of determining the representativeness and strength of any
confederation, the affiliation of the federation to only one confederation shall be
taken into consideration.
(5) A federation or confederation formed under subsection (1) or (3) shall
have no effect unless the federation or confederation is registered.

“federation of police officers” means the federation of 2 or more trade
unions of police officers;
“trade union of police officers” means a trade union, the membership

of which is limited to police officers, having for its objects the control or
influence of the pay, pensions, or conditions of service of police
officers.
(Subsections (1) and (3) amended and new subsections (1A), (3A) and (6) inserted by The Police
(Membership of Trade Union) Act 2016 - Act No. 25 of 2016 w.e.f 9 January 2017; New
subsections (2A) and (4A) inserted by The Employment Relations (Amendment) Act 2019 - Act No.
21 of 2019 w.e.f 27 August 2019)
17. Affiliation to international workers’ organisations

A trade union of workers may affiliate to and participate in the activities of
international workers’ organisations, make financial and other contribution to such
organisations and receive financial and other assistance from them which relate to
its objects.
18. Meetings of trade unions
(1) Every trade union shall hold an annual general assembly not later
than 3 months after its accounting date.
(2) The notice convening an annual general assembly shall be published,
not later than 21 days before the date of the assembly, in 2 daily newspapers, and
shall specify –
(a) that the assembly is convened as an annual general assembly;
and
(b) the matters to be considered at the assembly.
(3) Every trade union shall, at its annual general assembly, consider –
(a) the statement of accounts of the trade union for the preceding
accounting period;
(b) the election of officers in accordance with its rules; and
(c) the appointment of auditors in accordance with its rules.
21
19. Taking of ballots
(1) Where a trade union proposes to take a ballot for any of the purposes
specified in this Act, other than section 78, or in its rules, it shall, not later than 21
days before the date of the ballot, cause a notice to be published in 2 daily
newspapers.
(2) Any person appointed as scrutineer of a ballot by a trade union shall,

after the counting of the votes –
(a) secure the ballot papers which have been counted and those
which have been rejected, in separate sealed parcels;
(b) certify the result in the approved form to the Registrar within 7
days of the counting; and
(c) return the sealed ballot papers to the trade union.
(3) A trade union shall keep ballot papers returned to it under subsection
(2) for a period of at least 6 months from the date of the ballot.
20. Voluntary dissolution of trade unions
(1) Subject to subjection (2), a trade union may be dissolved if a

resolution for its dissolution is approved in accordance with its rules.
(2) Where under the rules of the trade union, provision is made for a
special fund, the dissolution of the trade union shall not have effect until a majority
of the members who contribute to the special fund have, at a general assembly held
in accordance with its rules, approved the manner in which any asset of the fund is
to be disposed of.
(3) Where a trade union resolves that it shall be dissolved, it shall, not
later than 14 days after the date on which the resolution for the dissolution is
approved in accordance with subsection (1), give written notice of the resolution to
the Registrar.
(4) On receipt of a notice under subsection (3), and on being satisfied that
the resolution to dissolve the trade union has been approved in accordance with
subsection (1), the Registrar shall publish a notice of the dissolution in the Gazette
and in 2 daily newspapers.
(5) The dissolution of a trade union shall take effect from the date of the
publication in the Gazette.
(6) Where, on the dissolution of a trade union, the Registrar is of the

opinion that the rules of the trade union for the disposal of its funds and other
property are not being properly applied, the trade union shall be wound up in such
manner as may be prescribed.
(Subsection (6) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013
w.e.f 11 June 2013)
Sub-Part B – Property and Funds

22
21. Application of funds
(1) Every trade union shall apply its funds for purposes consistent with its
rules.
(2) Where, under the rules of a trade union, provision is made for any
special fund, the rules applicable to that special fund –
(a) shall specify, inter alia, the expenses and benefits which may be
paid out of that fund;
(b) shall not be altered except by a resolution approved by a
majority of the members present and voting at a general
assembly.
(Subsection (2)(b) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of
2013 w.e.f 11 June 2013)
22. Disposal of property
(1) No immovable property belonging to a trade union shall be disposed of,

pledged, mortgaged or charged, unless a majority of the members present and
voting at a general assembly has consented to the transaction.
(2) No movable property belonging to a trade union shall be disposed of or

pledged without the approval of the managing committee of the trade union.
Sub-Part C – Accounts and Returns
23. Keeping of records
(1) Every treasurer shall keep a register of members in the approved

manner and a record of all monies received and paid by him for or on behalf of the
trade union and shall, –
(a) in respect of each accounting period;
(b) on his resignation;
(c) on the expiry of his term of office; or
(d) whenever required to do so by the rules of the trade union,
render to the trade union a true account of all monies received and paid by him
since his appointment or since he last rendered an account, whichever is the later.
(2) The books and accounts kept under subsection (1) shall be audited by
the auditor at least once a year.
(3) Where an office bearer leaves office, he shall hand over to his
successor or to the trade union any funds or property of the trade union in his
possession, custody or under his control, failing which the trade union may sue the
office bearer before a District Court to recover such funds or property.
(4) Every secretary shall keep minutes of all meetings including branch
meetings of a trade union.
23
24. Statements to annual general assembly
(1) The treasurer of a trade union shall prepare, in the approved manner,
statements of all receipts and payments of the trade union in respect of every
accounting period and of the assets and liabilities of the trade union including any
special fund existing as at each accounting date.
(2) For the purpose of subsection (1), the accounting period shall be a
period of 12 months ending on 31 December in any year, unless otherwise specified
in the rules of the trade union.
(3) The statements prepared under subsection (1) shall be certified by the
auditor of the trade union.
(4) The certified statements under subsection (3) shall be submitted for
approval at the annual general assembly.
(5) On the application of a member of the trade union, the treasurer shall
deliver to him, free of charge, a copy of the certified statements prepared under
subsection (1).
(6) Every trade union shall, for a period of 12 months beginning not later
than one week before the annual general meeting cause a copy of the certified
statements referred to at subsection (3) to be prominently exhibited in the
registered office of the trade union and in all of its branches.
(Subsection (2) repealed and replaced by the Finance (Miscellaneous Provisions) Act 2023 – Act
No.12 of 2023 w.e.f 20 July 2023)
25. Annual return to Registrar

(1) Every trade union shall, not later than 4 months after its accounting
date, submit to the Registrar an annual return in the approved form which shall
include –
(a) certified copies of the statements of receipts and payments and
of the assets and liabilities referred to under section 24; and
(b) a list of members of the managing committee, including its office
bearers and, the auditors and the appointed negotiators for the
accounting period in respect of which the return is submitted.
(2) Every trade union shall submit to the Registrar, not later than the end
of February of each year, a return containing the names of its president, secretary
and treasurer and the number of its members, including the number of migrant
members holding a valid work permit, as at 31 December of the preceding year.
(3) The Registrar shall publish in the Gazette and in 2 daily newspapers
the return submitted under subsection (2) within a period of 6 months, together
with information on the name, registration number, year of registration and the
address of the registered office of every registered trade union.
24
(4) The Registrar shall, at all reasonable times, issue to any interested
party, against payment of a prescribed fee, a copy of all returns sent to him under
this section.
(Subsections (2) and (3) amended by the Finance (Miscellaneous Provisions) Act 2023 – Act No.12
of 2023 w.e.f 20 July 2023)
26. Duty to make records available for inspection
(1) Every trade union shall make available for inspection by the Registrar
for a period of at least 3 years of –
(a) the last date to which they relate all books, statements of
accounts, auditors' reports, register of members and records of
money paid by members to the trade union;
(b) the dates on which they have been drawn up, all minutes of
meetings, including branch meetings, vouchers, receipts,
correspondence and other documents relating to the affairs of
the trade union.
(2) A trade union shall allow any member, whether accompanied by an

accountant or not, to –
(a) inspect the books and accounts of the trade union and the
register of its members on his giving reasonable notice to the
trade union; and
(b) take copies or extracts from those records.
(3) Any inspection under this section shall be made at a reasonable time
and at the place where the records are normally kept, unless the parties agree
otherwise.
27. Request for inspection
(1) Any member who claims that a trade union has failed to comply with
any request made by him under section 26 may apply to the Registrar for remedial
action regarding the inspection.
(2) Where the Registrar is satisfied that the application is founded, he

shall require the trade union to allow the member to inspect the records and to be
supplied with such copies of, or extracts from, the records as the member may
require.
(3) The Registrar shall ensure that an application made to him under this
section is determined within 21 days of the request.
(4) Any trade union shall comply with a requirement of the Registrar
under subsection (2).
28. Powers of Registrar
(1) Where the Registrar, , has reasonable grounds to believe that the trade
union is contravening its rules or any provision of this Act or where he has received
25
a complaint made by not less than one per cent of the members of a trade union,
the Registrar may –
(a) inspect the books, accounts and records of the trade union to
investigate into the affairs of the trade union;
(b) require any officer or former officer of the trade to produce the
books of accounts or any document as he may deem necessary;
(c) require such officer to provide other relevant details relating to
the trade union's funds or other property.
(2) The Registrar may, once a year, verify that every trade union is still
compliant with section 5(1)(e) or (f).
(3) The secretary or treasurer of a trade union shall, not later than 21
days after the receipt of a written request from the Registrar under subsection 1(b),
provide him with such information relating to the trade union, including detailed
accounts of the funds or other property of the trade union or of its branches as may
be specified in the notice.
(4) Where the Registrar, after carrying out the investigation under
subsection (1), has reasons to believe that -
(a) the trade union has contravened its rules or any provision of
this Act, he may require the trade union to remedy the default;
(b) there has been a misappropriation of funds or property of a
trade union, he may refer the matter to the Police for
appropriate action.
w.e.f 11 June 2013)
PART IV – PROTECTION OF FUNDAMENTAL RIGHTS
Sub-Part A – Basic Workers’ Rights to Freedom of Association
29. Right of workers to freedom of association
(1) Every worker shall have the right –

(a) subject to subsection (1A), to establish or join, as a member, a
trade union of his own choice, without previous authorisation
and without distinction whatsoever or discrimination of any
kind including discrimination as to occupation, age, marital
status, sex, sexual orientation, colour, race, religion, HIV status,
national extraction, social origin, political opinion or affiliation;
(b) not to be a member, or refuse to be a member, of a trade union;
(c) subject to section 42, to take part, outside working hours or
with the consent of the employer within working hours, in the
lawful activities of a trade union of which he is a member;
26
(d) to seek, subject to the rules of the trade union of which he is a
member, appointment or election as an officer of that trade
union.
(1A) A worker shall have the right to join only one trade union, of his own
choice, in the enterprise where he is employed or his bargaining unit.
(2) Any provision of a contract of employment or a collective agreement,
which seeks to restrain a worker from exercising any right under this
Act, shall be null and void.
(3) No employer shall restrain a worker from exercising his rights under
this section.
(Subsection (1)(a) amended and new subsection (1A) inserted by The Employment Relations
(Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June 2013)
30. Protection of trade union of workers against acts of interference
No person shall –
(a) interfere with the establishment, functioning or administration of a
trade union of workers;
(b) promote or give assistance to a trade union of workers with the object
of placing or maintaining the trade union under his control.
31. Protection against discrimination and victimisation
(1) No person shall –

(a) require another person –
(i) seeking employment not to join a trade union of his own
choice;
(ii) to give up membership of a trade union;
(iii) not to exercise any right under this Act; or
(iv) not to participate in any proceedings taken or held for the
purposes of this Act;
(b) discriminate against, victimise or otherwise prejudice –
(i) a person seeking employment because of his past, present
or anticipated membership of a trade union, or his
participation in the formation of a trade union;
(ii) a worker for his failure or refusal to perform an act which
he may not lawfully require that worker to do, or for
disclosing any information that the worker is lawfully
entitled or required to disclose to another person, or for
his involvement in trade union activities;
(iii) a worker or an accredited workplace representative on
any employment issue on the ground of his trade union
activities.
27
(2) (a) A person who contravenes subsection (1) shall commit an offence
and shall, on conviction, be liable to a fine not exceeding 100,000
rupees.
(b) In a prosecution under subsection (1)(b) –
(i) a person or a worker who alleges that he has been
discriminated against, victimised or otherwise prejudiced
by a prospective employer or employer, as the case may
be, must prove the facts of the conduct; and
(ii) the prospective employer or employer, as the case may be,
must then prove that he did not engage in such conduct.

“involvement in trade union activities” means that the worker –
(a) is a member or an officer of a trade union;
(b) has acted as negotiator or representative of workers in collective
bargaining;
(c) has participated in a lawful strike;
(d) was involved in the formation or proposed formation of a trade
union;
(e) has made or caused to be made a claim for some benefit for a
worker or has supported any such claim, whether by giving
evidence or otherwise;
(f) has expressed grievance on behalf of another worker to an
employer;
(g) has been allocated or has applied to take any employment-
related education leave;
(h) has been a representative of other workers in dealing with an
employer on matters relating to the employment of those
workers; or
(i) has represented workers under the Occupational Safety and
Health Act, whether as a health and safety representative or
otherwise.
(Subsection (2)(a) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of
2013 w.e.f 11 June 2013; New subsection (1)(b)(iii) inserted by The Employment Relations
(Amendment) Act 2019 - Act No. 21 of 2019 w.e.f 27 August 2019)
Sub-Part AA – Workers’ Rights to be Represented at Workplace
31A. Right of workers to be represented at workplace
(1) A worker shall have the right to be represented at his workplace by an

officer or a negotiator of a trade union of which he is a member, to assist him in
any disagreement arising between him and his employer with respect to his legal
rights.
28
(2) Subject to prior notice as to the time and purpose of his visit, any
officer or negotiator of a trade union may, following any representation from a
member of the trade union, enter a workplace to represent the member in respect
of his legal rights with a view to seeking compliance with the relevant legal
requirements, as applicable.
(New Sub-part AA inserted by The Employment Relations (Amendment) Act 2019 - Act No. 21 of
2019 w.e.f 27 August 2019)
Sub-Part B – Basic Employers’ Rights to Freedom of Association
32. Rights of employers
(1) Every employer shall have the right to –

(a) establish or join, as a member, a trade union of employers of his
own choice, without previous authorisation and without
distinction whatsoever or discrimination of any kind;
(b) be, or not be, a member of a trade union of employers;
(c) take part in the lawful activities of his trade union; and
(d) hold office in his trade union in accordance with its rules.
(2) 2 or more trade unions of employers may form a federation of

employers.
(3) A trade union of employers may join a federation of employers.
(4) 2 or more federations of employers may form a confederation of

employers.
(5) An employers’ federation may join a confederation of employers.
(6) Every trade union of employers may affiliate with or participate in the
activities of any international employers’ organisation, make financial and other
contributions to such organisation and receive financial and other assistance from
them.
33. Protection of trade union of employers against acts of interference
No trade union of workers or its representatives shall interfere in the

establishment, functioning or administration of a trade union of employers.
Sub-Part C – Prohibition of Closed Shop
34. Closed shop agreement to be void
(1) No employer shall enter into an agreement with a trade union of

workers which purports to –
(a) preclude the employer from engaging a person who is not a
member of such trade union;
29
(b) preclude the employer from engaging a person who has not been
recommended or approved by such trade union;
(c) require that one of the terms and conditions of employment of a
worker shall be that the worker must become a member of such
trade union.
(2) Any person who has been refused employment and who claims that
the refusal was attributed wholly or partly to a provision in an agreement referred
to in subsection (1), may apply to the Industrial Court for an order under
subsection (3).
(3) Where, on an application made under subsection (2), the Industrial

Court finds that –
(a) a provision in an agreement referred to in subsection (1) is or
was in force; and
(b) the refusal to employ the applicant was wholly or partly
attributable to that provision,
the Court may order the employer to pay to the applicant such sum by way of
compensation as the Industrial Court thinks fit. PART V – COLLECTIVE
BARGAINING
Sub-Part A – Code of Practice
35. Promotion of good employment relations
(1) The Code of Practice set out in the Fourth Schedule shall –
(a) provide practical guidance for the promotion of good
employment relations;
(b) provide practical guidance for the grant of negotiating rights;
and
(c) assist employers and trade unions to bargain effectively.
(2) A failure on the part of any person to observe any provision of the
Code of Practice shall not result in that person being subject to proceedings of any
kind.
(3) In any proceedings under this Act, any provision of the Code of
Practice which appears to the Tribunal, the Commission or the Industrial Court to
be relevant to any question arising in the proceedings shall be taken into account
for the purposes of determining that question.
(Subsection (2) repealed and replaced by The Employment Relations (Amendment) Act 2019 - Act
No. 21 of 2019 w.e.f 27 August 2019)
Sub-Part B – Negotiating Rights
36. Application for recognition
30
(1) A trade union or a group of trade unions of workers acting jointly may,
subject to the criteria for recognition specified in section 37(1) and (2), apply in
writing to an employer for recognition as a bargaining agent, joint negotiating panel
or sole bargaining agent, as the case may be, for a bargaining unit.
(2) An application under subsection (1) shall be made in the form set out in
the Fifth Schedule and shall be accompanied by –
(a) a copy of the certificate of registration of each trade union;

(b) a copy of the agreement between or among the trade unions in the
case of a group of trade unions acting jointly; and
(c) the number and category of members that each of the trade unions
has in the bargaining unit.
(3) An employer shall, within 45 days of receipt of the application, inform

the trade union or group of trade unions in writing in the form set out in the Sixth
Schedule whether he –
(a) recognises the trade union or the group of trade unions as a
bargaining agent; or
(b) refuses to recognise the trade union or group of trade unions as
a bargaining agent and state the reasons thereof.
(4) Where an employer recognises a trade union or group of trade unions as
a bargaining agent under subsection (3)(a), he shall, within 10 days of the date he
issues the certificate of recognition to the trade union or group of trade unions,
submit a copy of the certificate to the supervising officer.
(5) Where –
(a) an employer fails to respond to an application under subsection
(3);
(b) an employer refuses to recognise a trade union or group of trade
unions as a bargaining agent;
(c) an employer fails to state the reasons for refusing to recognise a
trade union or group of trade unions as a bargaining agent; or
(d) a trade union or a group of trade unions is not satisfied with the
reasons for refusal given under subsection (3)(b),
the applicant trade union or group of trade unions may apply to the Tribunal for an
order directing the employer to recognise the trade union or group of trade unions
as a bargaining agent, in accordance with the criteria specified in section 37.
w.e.f 11 June 2013; Subsection (1) repealed and replaced, subsections (2) and (3) amended and
new subsections (4) and (5) inserted by The Employment Relations (Amendment) Act 2019 - Act
No. 21 of 2019 w.e.f 27 August 2019)
37. Criteria for recognition of trade union of workers
31
(1) Subject to subsections (2) and (3), a trade union shall be entitled to
recognition as a bargaining agent for a bargaining unit in an enterprise, an
industry or a cluster, where it has the support of not less than 20 per cent and not
more than 50 per cent of the workers in the bargaining unit of the enterprise, an
industry or a cluster.
(2) Subject to subsection (3) –
(a) a trade union which has the support of more than 50 per cent of
the workers in a bargaining unit in an enterprise, an industry or
a cluster shall be entitled to recognition as the sole bargaining
agent of the bargaining unit of the enterprise, an industry or a
cluster;
(b) 2 or more trade unions which have each the support of not less
than 20 per cent and not more than 50 per cent of the workers
in a bargaining unit in an enterprise, an industry or a cluster,
shall be entitled to be recognised as a joint negotiating panel of
the bargaining unit of the enterprise, an industry or a cluster.
(3) Where a trade union or group of trade unions, having the support of
more than 50 per cent of the workers in the bargaining unit, has been granted
recognition as a sole bargaining agent or joint negotiating panel, respectively, for a
bargaining unit in an enterprise, an industry or a cluster, no other trade union
shall be entitled to recognition for the bargaining unit except by virtue of an order
or determination of the Tribunal under section 38.
(4) (a) Where a trade union is granted recognition under subsection

(1), one or more new trade unions, having the support of not less than 20 per cent
nor more than 50 per cent of the workers in the bargaining unit, may apply to the
employer for recognition.
(b) Where an application is made under paragraph (a) –
(i) the employer shall grant recognition to the new trade

unions subject to those trade unions agreeing in writing
to –
(A) enter into arrangements with the existing

recognised trade union to form a joint negotiating
panel to conduct collective bargaining together on
behalf of the workers constituting the relevant
bargaining unit; and
(B) collaborate with the existing trade union to secure

and maintain stable and effective collective
bargaining;
(ii) the employer may grant recognition to the trade unions

altogether as a joint negotiating panel of that bargaining
unit;
32
(iii) the employer may refuse to grant recognition to any of the
new trade unions which refuses to form part of a joint
negotiating panel;
(iv) the employer may apply to the Tribunal for an order

directing an existing trade union which refuses to form
part of a joint negotiating panel to form part of the joint
negotiating panel; or
(v) any of the trade unions may apply to the Tribunal to

organise and supervise a secret ballot in the bargaining
unit concerned to determine which trade union the
workers in that bargaining unit wish to be their
bargaining agent to conduct collective bargaining on their
behalf.
(c) Subject to section 38(18), where –
(i) one or more trade unions, having each the support of not
less than 20 per cent nor more than 50 per cent of the
workers in a bargaining unit is or are granted recognition
as bargaining agent or a joint negotiating panel,
respectively; and
(ii) a new trade union which has the support of more than 50
per cent of the workers in the bargaining unit applies to
the employer for recognition as a sole bargaining agent in
respect of that bargaining unit,
the employer or the new trade union may apply to the Tribunal for its
determination as to which trade union shall have negotiating rights in respect of
the bargaining unit and the Tribunal shall make an order accordingly.
(5) Where there is no recognised trade union in an enterprise or industry and

a trade union or group of trade unions, which is not entitled to recognition under
subsection (1) or (2)(b), applies for recognition to an employer, the employer may
voluntarily grant recognition to the trade union or group of trade unions having
obtained the highest percentage of support from the workers in the bargaining unit of
the enterprise or industry.
(Section 37 repealed and replaced by The Employment Relations (Amendment) Act 2013 – Act No.
5 of 2013 w.e.f 11 June 2013; Subsection (1), (2) and (3) amended and subsection (4) repealed
and replaced by The Employment Relations (Amendment) Act 2019 - Act No. 21 of 2019 w.e.f 27
August 2019)
38. Order for recognition of trade union of workers
(1) The Tribunal shall, on an application made under section 36(5),

determine whether the trade union or group of trade unions, as the case may be,
has the support of at least 20 per cent of the workers forming part of the bargaining
unit, or where the application is for recognition as a sole bargaining agent, has the
support of more than 50 per cent of the workers in the bargaining unit, or
otherwise.
33
(2) For the purpose of an application made under section 36(5), the
Tribunal may require –
(a) the applicant trade union or group of trade unions to produce

evidence that it fulfills the criteria for recognition as specified in
section 37;
(b) the employer to submit to the Tribunal and, where appropriate,

to the applicant trade union, within 10 days of the receipt of the
application –
(i) a list of the category or grade of workers in the proposed

bargaining unit;
(ii) a list of the workplaces, where applicable, where the
workers of the bargaining unit are posted; and
(iii) the number of workers employed in each category at
each workplace.
(3) At the time of an application for recognition, any document signed by a

worker of a prospective bargaining unit and submitted by an employer to show that
the worker is not interested in joining the trade union or has ceased to be a
member of the trade union, except where the worker has withdrawn from the trade
union in accordance with its rules, shall not be admissible before the Tribunal.
(4) Where the Tribunal is satisfied that the employer has failed to comply
with subsection (2)(b), the Tribunal shall order the employer to remedy the failure
within such period as may be specified in the order.
(5) Where an employer fails to comply with a remedial order made under
subsection (4), the Tribunal may make an order for the employer to grant
recognition to the trade union provided that the trade union satisfies the criteria for
recognition specified in section 37.
(6) Where a trade union and an employer agree on a bargaining unit and
the trade union produces evidence that it has the support of not less than 20 per
cent of the workers in the bargaining unit, the Tribunal shall make an order
directing the employer to grant recognition to the trade union for the purpose of
conducting collective bargaining in the bargaining unit as a bargaining agent or
joint negotiating panel, as appropriate.
(7) On an application made under section 36(5), the Tribunal may

organise and supervise a secret ballot in a bargaining unit in an enterprise, an
industry or a cluster, in order to determine which trade union the workers in the
bargaining unit wish to be their bargaining agent, where –
(a) a trade union or group of trade unions already has recognition

in respect of that bargaining unit and the Tribunal is satisfied
that the applicant trade union or group of trade unions has
34
produced evidence that it is eligible for recognition in
accordance with section 37;
(b) the Tribunal has evidence from a majority of workers within the
bargaining unit that they do not want the trade union or group
of trade unions to conduct collective bargaining on their behalf;
(c) the Tribunal considers that the membership evidence produced

by the trade union or group of trade unions may not be reliable;
or
(d) the Tribunal is satisfied that a secret ballot should be held in the
interest of good industrial relations.
(8) Where the Tribunal decides to hold a secret ballot pursuant to

subsection (7), the secret ballot shall be conducted at the workplace or workplaces,
as appropriate, or such other place as the Tribunal may determine.
(9) Where a secret ballot takes place under this section, a worker shall
vote for one trade union only.
(10) Where the Tribunal gives notice to an employer to organise a secret

ballot, the employer shall –
(a) grant such facilities as may be necessary to the Tribunal to

conduct and supervise the secret ballot;
(b) grant such facilities as may be necessary to the workers forming

part of the bargaining unit to participate in the secret ballot;
(c) give the trade union, as far as reasonably practicable, access to

the workplace to meet and inform the workers forming part of
the bargaining unit of the object of the secret ballot;
(d) inform the Tribunal, as soon as reasonably practicable, of the

name of any worker who has ceased to form part of the
bargaining unit;
(e) refrain from inducing any worker forming part of the bargaining
unit not to attend any meeting of the trade union or group of
trade unions;
(f) refrain from taking or threatening to take any action against a

worker on the ground that the worker attended or took part in
activities of the trade union or group of trade unions seeking
recognition.
(11) Where the Tribunal is satisfied that an employer has failed, without
any reasonable excuse, to comply with any of the requirements of subsection (10),
and as a result of which the secret ballot is not held, the Tribunal may order the
employer to take remedial action within such period as may be specified in the
order.
35
(12) Where the Tribunal is satisfied that the employer has failed to comply
with an order made under subsection (11), and as a result of which the secret
ballot is not held, the Tribunal may, subject to section 37, order that the trade
union be granted recognition to conduct collective bargaining on behalf of the
bargaining unit.
(13) Subject to section 37, where an application is made under section

36(5) or 37(4), the Tribunal shall –
(a) make an order granting recognition to the trade union as a

bargaining agent, joint negotiating panel or sole bargaining
agent, as the case may be;
(b) where the application is for recognition as a sole bargaining

agent, make an order granting recognition to the trade union as
a bargaining agent where the Tribunal finds that the applicant
trade union does not have the support of more than 50 per cent
of the workers in the bargaining unit but has the support of not
less than 20 per cent of the workers in the bargaining unit; or
(c) set aside the application where the trade union fails to produce
evidence that it fulfills the eligibility criteria for recogntion.
(14) (a) The Tribunal shall determine an application made under section
36(5) or 37(4) not later than 30 days after the date of receipt of the application.
(b) The Tribunal may, in exceptional circumstances, extend the

delay specified in paragraph (a) for another period of 30 days.
(15) (a) Where the Tribunal makes an order granting recognition to a

trade union, the order shall –
(i) specify the name of the employer and the trade union to
which it relates;
(ii) specify the composition of the bargaining unit;
(iii) state whether the trade union shall be recognised as a

bargaining agent, sole bargaining agent or joint
negotiating panel, as the case may be; and
(iv) require the trade union or the joint negotiating panel and
the employer concerned to meet at specified intervals or
at such time and on such occasions as the circumstances
may reasonably require, for the purpose of collective
bargaining.
(b) The Tribunal shall submit a copy of an order made under

paragraph (a) to the supervising officer for record purposes.
36
(16) Where a trade union is recognised as a sole bargaining agent, or a
group of trade unions is recognised as a joint negotiating panel, in respect of a
bargaining unit, the trade union or group of trade unions, as the case may be, shall
supersede any other trade union recognised as the bargaining agent of the workers
in the bargaining unit.
(17) Where recognition is granted under this section, no application for

recognition or revocation or variation of recognition in the same bargaining unit
shall be entertained by the Tribunal before the expiry of a period of 12 months from
the date of the order granting the recognition.
(18) The Tribunal may, where the recognition of a new trade union gives
rise to the revocation of the recognition of another trade union, enquire into the
independence of the trade unions in relation to the employer.
(19) (a) Where an employer fails to comply with an order for recognition
made by the Tribunal under this section –
(i) the trade union or group of trade unions may apply to

the Tribunal for compensation and the Tribunal shall
make an order for the payment of a compensation which
shall not be less than 500 rupees per day so long as the
order is not complied with;
(ii) the trade union may apply, on behalf of the workers

forming part of the bargaining unit, to the Tribunal for an
award setting out the conditions of employment of the
workers as proposed by the union.
(b) Where the conditions of employment are specified in an award of

the Tribunal made under paragraph (a), the conditions shall become the implied
terms of the contract of employment of the workers.
(20) In circumstances other than those provided in this section, where an

application is made to the Tribunal in a matter relating to the recognition of a trade
union or group of trade unions, the Tribunal may organise and supervise a secret
ballot in a bargaining unit in order to determine, subject to section 37, which trade
union the workers in the bargaining unit wish to be their bargaining agent.
5 of 2013 w.e.f 11 June 2013; section 38 repealed and replaced by The Employment Relations
(Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019)
38A. Successor rights and obligations
Where an employer sells, leases, transfers or otherwise disposes of a

business or where there is a business merger or a change in the name or trading
name of the business –
(a) any trade union which was granted recognition by the outgoing
employer as the bargaining agent for workers employed in the
business shall continue to be their bargaining agent;
37
(b) any application made by a trade union for the recognition of the trade
union in respect of the workers employed in the business before the
date on which the business is sold, leased, transferred, or there has
been a business merger or a change in the name or trading name of
the business, and which is pending before the Tribunal shall, subject
to section 37, be deemed to be an application made against the new
employer and may be proceeded with before the Tribunal;
(c) any collective agreement entered into by the outgoing employer and
any recognised trade unions shall bind the new employer.
(New section 38A inserted by The Employment Relations (Amendment) Act 2019 – Act No. 21 of
2019 w.e.f 27 August 2019)
39. Revocation or variation of recognition of trade union of workers
(1) Subject to subsection 38(17), the Tribunal may –

(a) on an application made by a trade union or a group of trade
unions, make an order to revoke or vary the recognition of
another trade union where it is satisfied that there has been a
change in representativeness; or
(b) on an application by an employer, make an order to revoke the
recognition of a trade union or a joint negotiating panel for any
default or failure to comply with any provisions of a procedure
agreement.
(2) Where an application is made under subsection (1), the recognition of

the trade union or joint negotiating panel shall remain in force until the Tribunal
makes an order.
(3) (a) An application to revoke or vary shall be determined by the

Tribunal within 30 days of the receipt of the application.
(b) The Tribunal may, in exceptional circumstances, extend the
delay specified in this subsection for another period of 30 days.
w.e.f 11 June 2013; subsection (1) amended by The Employment Relations (Amendment) Act 2019
– Act No. 21 of 2019 w.e.f 27 August 2019)
40. Access to workplace
(1) (a) Subject to prior notice and authorisation as to the time, place
and purpose of his visit and to necessary safeguards for the preservation of life and
property and prevention of disruption of work, any officer or negotiator of a
recognised trade union may enter an employer’s premises for purposes related to –
(i) employment issues in respect of its members or workers

forming part of a bargaining unit for which the trade
union has been granted recognition; or
38
(ii) industrial relations issues or the trade union’s business.
(b) In this subsection –
“purposes related to employment issues in respect of its

members or workers forming part of a bargaining unit for which
the trade union has been granted recognition includes –
(a) participating in collective bargaining or otherwise serving

members or workers’ interests;
(b) dealing with matters concerning the health and safety of

workers;
(c) ensuring compliance with this Act or any other enactment

dealing with employment matters and any collective
agreement;
(d) dealing, with the consent of a worker, with matters

relating to the terms and conditions of employment of the
worker;
“purposes related to industrial relations issues or the trade

union’s business” includes –
(a) communicating with trade union members and holding of

meetings and discussion in relation to union business;
(b) seeking to recruit new members and communicating with

workers who are not trade union members about union
matters;
(c) providing information to workers on the trade union’s

activities;
(d) organising strike ballots.
(2) For the purpose of subsection (1)(a)(i), an employer shall, upon a

request from a recognised trade union representing workers of a bargaining unit, be
required to submit to the trade union information regarding wages and conditions
of employment in respect of those workers.
(3) An officer or a negotiator referred to in subsection (1) shall before

entering the workplace –
(a) disclose the purpose of his entry; and
(b) produce evidence of his authority to represent the trade union.
(4) Subject to necessary safeguards for the preservation of life and

property and prevention of disruption of work, an officer or negotiator of a trade
39
union may, in the exercise of his right to enter a workplace, enter the workplace at
a reasonable time having regard to the normal hours of the business operations.
(5) Any trade union may apply to the Tribunal for an order where its
officer or negotiator has been unreasonably denied entry to a workplace by an
employer or his representative.
(6) An application made under subsection (5) shall be determined within
30 days of the receipt of the application.
(7) Where the Tribunal is satisfied that an employer or his representative

has unreasonably denied entry referred to in subsection (5), it may order that such
entry be granted, subject to such conditions as it may impose.
(8) An employer shall comply with an order of the Tribunal under

subsection (7) within 7 days from the date of the order.
(Subsection (1) repealed and replaced, subsection (2) repealed, subsection (4) repealed and
replaced and subsection (5) amended by The Employment Relations (Amendment) Act 2019 – Act
No. 21 of 2019 w.e.f 27 August 2019)
(Subsection (1) amended and new subsection (2) inserted by the Finance (Miscellaneous
Provisions) Act 2022 – Act No. 15 of 2022 w.e.f 1 July 2022)
41. Access to information
(1) Where an employer is engaged in collective bargaining with a

recognised trade union or a joint negotiating panel, either party shall provide to the
other party all relevant information required for the purposes of collective
bargaining.
(2) A request made for the purposes of subsection (1) shall –

(a) be in writing;
(b) specify the nature of the information requested in sufficient
details to enable the information to be identified;
(c) specify a reasonable time within which the information is to be
provided.
(3) No party shall be required to disclose information that –

(a) is prohibited to be released by law or by order of any court;
(b) may cause prejudice to the interests of the enterprise or to a
worker;
(c) is personal information relating to the privacy of a worker,
unless the worker consents to the disclosure of that
information.
(4) Where any party refuses to provide information under this section, the
other party may apply to the Tribunal for an order and the Tribunal shall, where it
40
is satisfied that the information requested does not fall within the purview of
subsection (3), make such order requiring that the information be provided.

30 days of the date of receipt of the application.
(6) Any information provided under this section shall be used only for the
purposes of collective bargaining, unless otherwise agreed by the parties.
(7) Any party shall comply with an order of the Tribunal under subsection
(4) within 14 days of the date of the order.
42. Time-off facilities
(1) An officer or a negotiator shall be granted reasonable time-off without

loss of pay for the purposes of performing his trade union functions and activities,
subject to the exigencies of his employment and in a manner which does not impair
the smooth operation of his workplace.
(2) A procedure agreement shall, as far as possible, stipulate the extent,

duration and conditions of paid time-off, taking into consideration –
(a) the size of the trade union to which the officer or the negotiator
belongs and the type and volume of activities carried out by the
trade union;
(b) the additional responsibilities of an officer or negotiator of trade
union at the level of a federation or a confederation.
(3) The agreement for a time-off facility shall be for a period of not less
than 24 months.
(4) Subject to subsection (2), an application for time-off under this section
shall be made to the employer within a reasonable time and approval by the
employer shall not be unreasonably withheld.
Sub-Part C – Check-off agreements and agency shop orders
43. Check-off agreements
(1) No trade union shall claim or receive any trade union fee, unless it is
registered.
(2) An employer whose workers are members of a registered trade union

shall not refuse to enter into a check-off agreement with the registered trade union.
44. Order for check-off agreements
(1) Where an employer refuses to enter into a check-off agreement under

section 43, a trade union of workers may make an application to the Tribunal for
41
an order that a check-off agreement shall have effect between the trade union and
the employer and, on hearing the application, the Tribunal may make such order
as it deems fit.
(2) Any application made under subsection (1) shall be determined by the
Tribunal within 30 days of the date of receipt of the application.
(3) An employer shall comply with an order made under subsection (1)
within 2 months of the date of the order.
45. Provisions relating to check-off agreements
Where a check-off agreement is in force –

(a) a deduction of trade union fees from the wages of a worker shall only
be made if the worker consents thereto in writing;
(b) the first deduction made pursuant to paragraph (a) shall be made from
the wages earned for the month following the month in which the
consent has been given or, where there is an order of the Tribunal
under section 44, the month following the making of such order;
(c) any consent given under paragraph (a) shall cease to have effect as
provided in the rules of the trade union;
(d) the employer shall, not later than the fourteenth day of every month,
submit to the trade union –
(i) a list of the names of the workers from whose wages he has
made deductions;
(ii) a list of names of workers who have ceased to be employed by
him or who have notified him of their intention to cease to pay
the trade union fees; and
(iii) particulars of the amount deducted and remitted and the period
in respect of which the deduction was made;
(e) where the trade union fees have been altered –
(i) the trade union shall give written notice of such alteration to the
employer; and
(ii) the employer shall deduct the amount of the trade union fees as
altered from the wages earned by a worker for the month
following the month in which the notice of the alteration is
received by him.
46. Agency shop agreements
(1) Where a check-off agreement and a collective agreement are in force, a

recognised trade union of workers or a joint negotiating panel may enter into an
agreement with an employer for a deduction of an agency fee from the wages of
workers in a bargaining unit who are not members of the trade union.
(2) A deduction under subsection (1) shall only be made if the worker
consents thereto in writing.
42
47. Application for agency shop orders
(1) Where an employer refuses to enter into an agreement for an agency

fee under section 46, a recognised trade union of workers or a joint negotiating
panel may make an application to the Tribunal for an order in its favour requiring
the employer to deduct an agency fee from the wages of workers in a bargaining
unit who are not members of the trade union.
(2) The Tribunal shall, before making an agency shop order, have regard
to the material circumstances surrounding the application and shall make such
order as it deems fit.
(3) The order under subsection (2) shall specify –

(a) the bargaining unit;
(b) the duration of the payment of the agency fee;
(c) the name and address of the trade union or the joint negotiating
panel and the employer against whom the application is made;
and
(d) the total amount deductible monthly as agency fees, being an
amount which shall not exceed the monthly trade union fees.
(4) In the case of a joint negotiating panel, the agency fees shall be shared
equally among the trade unions.
(5) Any application made under subsection (1) shall be determined within
(6) The Tribunal may extend the period specified in subsection (5), where
the circumstances so require, at the request of the applicant.
48. Effect of agency shop orders or agency shop agreements
(1) Notwithstanding any other enactment, where an agency shop

agreement or order is in force –
(a) all workers in the employment of the employer against whom
the application is made, shall pay the agency fee specified in the
agreement or order;
(b) the agency shop agreement or order shall be binding on the
employer who shall –
(i) deduct the agency fee specified in the agency shop
agreement or order from the wages of his workers
comprised in the bargaining unit specified in the
agreement or order; and
(ii) pay to the trade union concerned the union's share
specified in the agreement or order.
43
(2) Where an agency shop order or agreement is in force, the trade union
or the joint negotiating panel shall represent every worker comprised in the
bargaining unit specified in the agency shop order or agreement in any dispute in
which the worker is concerned, whether or not the worker is a member of the trade
union.
49. Operation of agency shop agreements or orders
Where a trade union of workers or a joint negotiating panel ceases to be

recognised, an agreement under section 46 or an agency shop order shall cease to
have effect.
50. Payments in accordance with check-off agreements or agency shop

agreements or orders
(1) Where a deduction is made from the wages of a worker in accordance

with a check-off agreement or an agency shop agreement or order –
(a) the amount of the deduction shall not be recoverable by the

worker from his employer;
(b) not more than one deduction shall be made in respect of any
month, and the deduction shall not exceed in amount the trade
union fees payable by any member of the trade union in respect
of that month;
(c) a deduction shall only be made after all deductions required or
permitted to be made by or under any other law in force have
been made.
(2) An employer shall credit the whole amount of the deductions made
under subsection (1) to the trade union’s account not later than the fourteenth day
of the month following the month in which the deduction was made.
(3) No employer shall make a deduction from the wages of a worker for the
purposes of making a payment to a trade union unless that deduction is made in
accordance with a check-off agreement or in accordance with an agency shop
agreement or order.
(4) An employer shall repay the worker the amount of any deduction of
wages made in contravention of subsection (3) within 14 days of a request for such
repayment by the worker.
Sub-Part D – Bargaining Process
51. Procedure agreements
(1) Where recognition has been obtained under sections 36(3), 37(4) or 38,
the relationship between a trade union or group of trade unions and an employer or
a group of employers, as the case may be, shall, subject to subsection (2), be
regulated by the procedure agreement set out in the Seventh Schedule, with such
modifications and adaptations as may be necessary.
44
(2) (a) The procedure agreement referred to in subsection (1) –
(i) shall be binding on an employer and any trade union

which is granted recognition by the employer; and
(ii) may, in addition to the terms of the agreement set out in

the Seventh Schedule, with such modifications and
adaptions as may be necessary, contain such other
terms as may be agreed between the employer and the
recognised trade union.
(b) Notwithstanding paragraph (a), where the employer and the

recognised trade union have not yet reached an agreement on the terms which are
in addition to the terms of the agreement set out in the Seventh Schedule, the
relationship between the parties shall, pending any agreement, be regulated by the
terms of the agreement in the Seventh Schedule, with such modifications and
adaptations as may be necessary.
(3) Notwithstanding subsection (2), the procedure agreement may, without

any prejudice to the commencement of any negotiation or signing of any collective
agreement, be varied by both parties and where there is no agreement on the
variation, any party may apply to the Tribunal for a variation order or such other
order as the Tribunal may, in the circumstances, deem fit.
(4) The Tribunal shall, not later than 60 days after the date of receipt of
the application made under subsection (3), determine the application and the
parties shall comply with the order of the Tribunal not later than 14 days after that
order.
(5) ………..
(6) ………..
(7) …………
(8) Where a party fails to comply with a provision of a procedure

agreement, the other party may apply to the Tribunal for an order requiring the
other party to comply with the provision of the procedure agreement.

the circumstances so require, at the request of the applicant.
(11) A party shall comply with an order made under subsection (8) within
14 days of the date of the order.
w.e.f 11 June 2013; Subsections (1) to (4) repealed and replaced and subsections (5), (6) and (7)
45
repealed by The Employment Relations (Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27
August 2019
52. Terms of procedure agreements
Notwithstanding section 42(2), a procedure agreement shall include

provisions –
(a) for the establishment in an enterprise of a negotiating body which
shall cover –
(i) the matters to be bargained and the levels at which bargaining
shall take place;
(ii) arrangements for negotiating terms and conditions of
employment and the circumstances in which either party can
give notice of its wish to renegotiate them; and
(iii) procedures for settling collective labour disputes;
(b) requiring an employer to consult a recognised trade union, a group of
recognised trade unions, a joint negotiating panel where a reduction of
workforce, or the transfer of ownership of an enterprise, or cessation of
business is contemplated; and
(c) for the establishment of a minimum service as specified in section 81.
53. Bargaining procedure
(1) A recognised trade union, a group of recognised trade unions, a joint

negotiating panel or an employer may initiate negotiations with a view to reaching a
collective agreement by giving to the other party a notice in accordance with
subsection (3).
(2) Where there exists a collective agreement, the parties to the agreement
may initiate negotiations with a view to renewing or revising it by giving the other
party a notice in accordance with subsection (3).
(3) The notice shall –

(a) be in writing and signed by the party giving the notice;
(b) specify each of the parties to be involved in the negotiations;
(c) set out a summary of the issues to be discussed; and
(d) specify the bargaining unit.
(4) Any party served with a notice under subsection (1) or (2) shall be
under the duty to start negotiations within 30 days of the date of receipt of the
notice or such longer period as may be agreed by the parties.
(5) Where any party refuses to start negotiations within the delay specified
in this section, the other party may apply to the Tribunal for an order directing the
other party to start negotiations and the Tribunal, on hearing the parties, shall
within 30 days of the date of receipt of the application, make such order as it
thinks fit.
46
54. Unfair labour practices
(1) No party shall have recourse to any form of unfair labour practice
during collective bargaining.
(2) Where any party considers that there has been any form of unfair
labour practice during collective bargaining, the aggrieved party may apply to the
Tribunal for an order directing the other party to refrain from having recourse to
such practice and the Tribunal, on hearing the parties, shall within 30 days of the
date of receipt of the application, make such order as it thinks fit.
(4) For the purposes of this section, “unfair labour practice” means any
act or omission on the part of any party which undermines the bargaining process.
Sub-Part E – Collective Agreement
55. Duration of collective agreement
(1) Where a recognised trade union, a group of recognised trade unions, a

joint negotiating panel and an employer reach an agreement on the terms and
conditions of work and employment, they shall draw up in writing a collective
agreement and shall sign it.
(2) A collective agreement or any provision thereof shall become effective -

(a) on such date as is specified in the agreement; or
(b) on the date of the signing of the agreement, where no such date
is specified.
(3) Subject to subsection (3A) and to any award made under section 56(5),
a collective agreement shall remain in force for a period of not less than 24 months
from the date of its coming into force.
(3A) Negotiation for the renewal of a collective agreement shall start –
(a) not later than 3 months before its expiry;
(b) where the agreement specifies a date for the start of

renegotiation, on such date; or
(c) where the agreement specifies an event on the occurrence

of which renegotiation shall start, on the date on which
that event occurs.
(Subsection (3) repealed and replaced and new subsection (3A) inserted by The Employment
Relations (Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June 2013)
47
56. Application of collective agreement
(1) A collective agreement shall bind –

(a) the parties to the agreement; and
(b) all the workers in the bargaining unit to which the agreement
applies.
(2) Where there is a joint negotiating panel or a group of recognised trade

unions, a collective agreement signed by one or more trade unions representing
more than 50 percent of the workers in a bargaining unit shall bind any other trade
union in the joint negotiating panel, or a group of recognised trade unions, which
refuses to sign the agreement.
(3) Where there is a joint negotiating panel or a group of recognized trade

unions and one or more trade unions signing a collective agreement represents less
than 50 percent of the workers in the bargaining unit, the trade union or the
employer concerned in the bargaining unit may apply to the Tribunal for the
making of an award enforcing the collective agreement.
(4) Where an application is made to the Tribunal under subsection (3), the
Tribunal shall, in the first instance, endeavour to secure a settlement between the
parties with a view to signing the collective agreement.
(5) Where no settlement is reached under subsection (4), the Tribunal

shall make an award as it thinks fit.

60 days of the date of the receipt of the application.
(7) The terms of the collective agreement made under section 55 or under
this section shall become implied terms and conditions of the contract of
employment of the workers covered by the agreement.
(8) An employer shall comply with the provisions of a collective agreement.
57. Scope of collective agreement
(1) A collective agreement shall not contain any provision inconsistent

with –
(a) this Act;
(b) any other enactment, other than a Remuneration Regulations;
and
(c) sections 5, 8, 9, 10, 26, 34, 52, 53 and 55 and Parts VI, VII, VIII
and XI of the Workers’ Rights Act,
and any such provision shall, to the extent of the inconsistency, be
null and void.
48
(2) Notwithstanding subsection (1)(b), a collective agreement shall not
contain a provision reducing the wages provided in the Remuneration Regulations
or Wages Regulations or such other regulations made under section 93.
(Subsection (1) amended and subsection (2) repealed and replaced by The Employment Relations
(Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June 2013; Subsection (1)(c) repealed and
replaced and subsection (2) amended by The Employment Relations (Amendment) Act 2019 – Act
No. 21 of 2019 w.e.f 27 August 2019)
58. Variation of collective agreement
(1) A collective agreement may jointly be varied by the parties –

(a) in such manner and as a result of the occurrence of such
circumstances as are provided in the agreement;
(b) where there is a substantial change of circumstances which
warrants such variation.
(2) (a) Subject to subsection (1), where a party to a collective
agreement which is in force refuses a variation of the agreement, any party to the
agreement may apply to the Tribunal for a variation of the agreement and the
Tribunal, on hearing the parties, may –
(i) where it is satisfied that the variation is warranted in

accordance with subsection (1), make an order for the
variation; or
(ii) make such other order at it may deem fit.
(b) An application made under paragraph (a) shall be determined by

the Tribunal within 60 days of the date of receipt of the application.
(c) An order made by the Tribunal under this section shall be

binding on the parties to the collective agreement.
(Subsection (1) amended and new subsection (2) inserted by The Employment Relations
(Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June 2013; Subsection (1) amended,
subsection (2)(a) repealed and replaced and new subsection (2)(c) inserted by The Employment
Relations (Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019)
59. Extension of collective agreement to another employer
(1) Where a collective agreement is in force in respect of an employer in an

industry, any trade union may apply to the Tribunal for an order to extend the
agreement or part thereof to another employer in that industry by whom the trade
union is recognised and, on hearing the application, the Tribunal may grant or
refuse the order.
(2) No order shall be made under subsection (1), unless the Tribunal is
satisfied that –
49
(a) the employer and workers to whom the collective agreement is to
be extended are engaged in the same activity as that carried out
by those covered by the collective agreement;
(b) the extension of the collective agreement is desirable in the

interest of uniformity of terms and conditions of employment;
(c) the terms of the collective agreement are not prejudicial to the
viability of the enterprise concerned in the industry.
60. Extension of collective agreement to the whole of the industry
(1) Subject to subsection (2), where a collective agreement which governs

the terms and conditions of employment in a part of an industry is in force, an
employer or a trade union of workers to whom the agreement applies may make an
application to the Tribunal for an order to extend the agreement to the whole of the
industry and, on hearing the application, the Tribunal may grant or refuse the
order.
(2) No order shall be made under subsection (1) unless the Tribunal is
satisfied that –
(a) the parties to the agreement are or represent a substantial
proportion of the workers or of the employers in the industry,
the workers being workers of the description to which the
agreement applies;
(b) the employers engaged in the industry are not bound by the
agreement;
(c) the extension of the agreement is necessary or desirable in the
interests of uniformity of terms and conditions of employment in
the industry.
(3) An order under subsection (1) may be subject to such conditions as

the Tribunal thinks fit and, in particular, the order may provide that where an
employer is observing terms and conditions of employment which are more
favourable than the terms and conditions of employment specified in the
agreement, the employer shall continue to be bound by the more favourable terms
and conditions of employment.
(4) Where an employer, not a party to the original collective agreement

and to whom the extension of the collective agreement would apply, has reasonable
grounds to believe that coverage by the collective agreement would be prejudicial to
the viability of, or employment in his enterprise, he may apply to the Tribunal for
an order to have his enterprise exempted from all or part of its provisions and, on
hearing the application, the Tribunal may grant or refuse the order.
(5) Any application made under subsections (1) and (4) shall be
determined within 60 days of the date of receipt of the application.
50
61. Registration of collective agreement
Any collective agreement concluded under this Sub-Part shall be registered

with the Tribunal and with the Ministry by all the parties signing the agreement
within 30 days of the date of signing of agreement.
62. Procedure for interpretation of collective agreement
(1) Every collective agreement shall provide for procedures to resolve any
dispute which relates to the interpretation of any provision of the collective
agreement.
(2) Where a matter relating to the interpretation of a collective agreement

is unresolved by the procedures provided for in the collective agreement, any party
may apply to the Tribunal for a declaration on the matter and the Tribunal shall,
on hearing the parties, make such declaration as it thinks fit.
62A. Review of wages and conditions of employment by Salary

Commissioner
(1) An employer may appoint a Salary Commissioner to review the wages

and other terms and conditions of employment of the workers in his enterprise and
to submit his recommendations within such time as may be agreed between the
employer and the Salary Commissioner.
(2) The recommendations of the Salary Commissioner, as approved by the

employer, shall, where there is a trade union which has been granted recognition in
the enterprise, be subject to collective bargaining between the employer and the
recognised trade union with a view to signing a collective agreement.
(3) Where the recommendations of the Salary Commissioner are not

agreed by the trade union, the trade union or the employer may report a labour
dispute to the Commission for conciliation or mediation or the trade union and the
employer may jointly refer the dispute to the Tribunal under section 63.
(4) Where there is no recognised trade union in the enterprise, the

employer may request the workers to exercise an option, in writing, as to whether
they wish to be governed by the recommendations made in the report of the Salary
Commissioner.
2019 w.e.f 27 August 2019)
(Subsection (2) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022
w.e.f 1 July 2022)
PART VI – LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES
Sub-Part A – Labour Disputes
51
63. Voluntary arbitration
The parties to a labour dispute may jointly refer such dispute for voluntary
arbitration to the Tribunal or to an arbitrator appointed by them.
64. Reporting of labour disputes
(1) Subject to section 63 and subsections (1A), (2) and (3), any labour
dispute, whether existing or apprehended, may be reported to the President of the
Commission –
(a) by any party to the dispute; or
(b) by a recognised trade union on behalf of any party to the

dispute.
(1A) ………………………
(2) (a) No dispute shall be reported to the Commission under

subsection (1) unless –
(i) the procedures provided in the procedure agreement if

any have been followed;
(ii) meaningful negotiations have taken place between the

parties; and
(iii) a deadlock has been reached.
(b) In this section –
“meaningful negotiation”–
(a) means meeting, discussing or bargaining in good faith

between parties with a view to finding mutually
acceptable solutions; and
(b) includes access to information, within a reasonable time

at the request of either party.
(3) The period of negotiations shall not exceed 90 days from the start of
negotiations or such longer period agreed in writing between the parties.
(4) ……….
(5) ……….
(6) Every report of a labour dispute shall be made in such form as the
Commission may approve.
52
(7) Where a labour dispute is reported to the Commission, a copy of the
report of the dispute shall be served by or on behalf of the party making the report
upon every other party to the dispute.
(Subsection (1) repealed and replaced by The Employment Relations (Amendment) Act 2013 – Act
No. 5 of 2013 w.e.f 11 June 2013; Subsection (1) amended, new subsection (1A) inserted,
subsection (2) repealed and replaced and subsections (4) and (5) repealed by The Employment
(Subsection (1A) repealed by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of 2022
w.e.f 1 July 2022)
65. Rejection of labour disputes
(1) The President of the Commission may reject a report of a labour

dispute made under section 64 where he is of the opinion that –
(a) the dispute is not a labour dispute or does not comply with
section 67;
(b) the report is made by or on behalf of a party who is not entitled

to be a party to the labour dispute;
(c) the report does not contain sufficient particulars of the issues
giving rise to the labour dispute;
(d) the party reporting the dispute has failed to comply with the
dispute procedures specified in this Act or provided for in a
procedure agreement;
(e) the dispute is in relation to a collective agreement to be
concluded with the employer in an enterprise where no trade
union is recognised as a sole bargaining agent and the trade
union reporting the dispute has refused to form part of a joint
negotiating panel;
(f) the dispute relates to any issue within the exclusive jurisdiction
of the Industrial Court.
(2) Notwithstanding subsection (1), the President of the Commission may

–
(a) reject only that part of a dispute which is not a labour dispute;
(b) in the case of a labour dispute which includes a party which is
not entitled to be a party to the labour dispute, strike out the
name of such party from the report of the dispute.
(3) The President of the Commission shall give written notice of any
rejection within 14 days of receipt of the report of the dispute to all the parties to
the dispute.
(Subsection 65(3) amended by The Finance (Miscellaneous Provisions) Act – Act No. 14 of 2009
w.e.f 1 July 2009; Subsection (1)(a) amended, subsection (1)(e) repealed and subsection (3)
amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June
2013; New paragraph (e) inserted by The Employment Relations (Amendment) Act 2019 – Act No.
21 of 2019 w.e.f 27 August 2019)
53
66. Appeal to Tribunal
(1) Any party aggrieved by a rejection of the dispute under section 65

may, within 21 days of the date of the notice under section 65(3), appeal against
the rejection to the Tribunal and the Tribunal shall, on hearing the appeal, confirm
or revoke the decision of the President of the Commission.
(2) The Tribunal shall make an order under subsection (1) within 60 days
of receipt of the application of the appeal.
67. Limitation on report of labour disputes
(1) Where a labour dispute is reported to the President of the Commission

under section 64, no party to the dispute may report –
(a) any other labour dispute between the same parties within a
period of 6 months immediately following the date on which the
original report was made;
(b) a labour dispute on the same issue between the same parties
within a period of 24 months following the date of the
determination of the dispute.
(2) Subject to subsection (3), while a collective agreement is in force, no

party shall report a labour dispute under section 64 on matters relating to wages,
and terms and conditions of employment, which –
(a) are contained in the collective agreement;
(b) have been canvassed but not agreed upon during the
negotiation process leading to the collective agreement; or
(c) have not been canvassed during the negotiation process leading
to the collective agreement.
(3) Nothing shall preclude a party from reporting a labour dispute under
section 64 on matters relating to wages, and terms and conditions of employment,
in respect of the matters which are canvassed during a period of negotiation for the
renewal of the collective agreement as from any of the period or date specified in
section 55(3A).
(Section 67 amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013
w.e.f 11 June 2013; Section 67 repealed and replaced by The Employment Relations (Amendment)
Act 2019 – Act No. 21 of 2019)
Sub-Part B – Conciliation, Mediation and Arbitration
68. Conciliation service by Supervising Officer
(1) Notwithstanding this Act, the Supervising Officer may provide a

conciliation service with a view to conciliating the parties to a dispute not yet
reported to the President of the Commission.
54
(2) Where the dispute is resolved by an agreement under subsection (1),
the agreement shall –
(a) be recorded in writing;
(b) be signed by the parties;
(c) be registered with the Supervising Officer of the Ministry and
the Tribunal; and
(d) have the effect of a collective agreement as specified in sections
55 and 56.
(3) Where no agreement is reached under subsection (1), the Supervising

Officer may advise the parties to refer the labour dispute for voluntary arbitration
under section 63.
(4) In the case of the public service, the conciliation service shall be
headed by a suitable independent person appointed by the Minister.
(5) Notwithstanding this section, any labour dispute may be reported to

the President of the Commission under section 64.
(Subsection (4) amended by The Finance (Miscellaneous Provisions) Act 2009 – Act No. 14 of 2009
w.e.f 1 July 2009)
69. Conciliation and Mediation
(1) Where a labour dispute is reported to the President of the Commission

under section 64 and the report –
(a) has not been rejected; or
(b) has been rejected and the rejection has been revoked on an
appeal to the Tribunal under section 66,
the Commission may, with a view to promoting a settlement of the dispute –
(i) make proposals to the parties for the settlement of the

dispute;
(ii) conciliate the parties;
(iii) mediate and make written recommendations to the

parties; or
(iv) make such investigation as it may, in the circumstances,

deem appropriate.
(2) The Commission shall not entertain a dispute unless the conditions
specified in section 64(2) are fulfilled.
55
(3) The recommendations made under subsection (1) shall not be binding
on the parties to the labour dispute unless the parties agree in writing –
(a) to confer upon the President of the Commission the power to

make such recommendations as the President of the
Commission may determine;
(b) on the date on which the recommendations of the President of

the Commission shall become final; and
(c) to comply with the recommendations.
(4) Where the parties do not agree to confer upon the Commission the
power to make recommendations under subsection (3) –
(a) the Commission may continue to investigate and conciliate the

parties with a view to resolving the dispute; and
(b) where the labour dispute still remains unresolved, the

Commission may, at the request of any of the parties, further
investigate into the matter with a view to reaching a settlement.
(5) (a) Where a settlement is reached between the parties following

conciliation or mediation under subsection (4)(a), an agreement shall be drawn up
in writing, signed by the parties and registered with the supervising officer and the
Tribunal.
(b) The agreement referred to in paragraph (a) shall have the effect
of a collective agreement as specified in sections 55 and 56.
(6) The Commission shall complete its proceedings not later than 45 days
after the date of receipt of the labour dispute under section 64.
(7) The Commission may, at the request of the parties to the labour
dispute, extend the period specified in subsection (6), where the circumstances so
require.
(8) Where no agreement is reached and the parties have reached a

deadlock after the delay specified in subsection (6) or (7), as the case may be, the
Commission may, where it deems fit, within a period not exceeding15 days, explore
other avenues of settlement.
(9) Where no agreement is reached under subsection (8), the Commission

shall declare that a deadlock has been reached and the Commission shall –
(a) not later than 7 days after the date of the deadlock submit a
report to that effect to the parties; and
(b) unless the parties jointly refer the dispute for voluntary
arbitration under section 63, refer the labour dispute to the
Tribunal at the request of the party reporting the dispute.
56
(10) The request made by a party to refer a labour dispute to the Tribunal
shall be made in such manner as the Commission may approve.
(11) Notwithstanding subsection (9) –
(a) where no agreement is reached in a labour dispute, other than a

labour dispute reported by or on behalf of an individual worker;
and
(b) the parties to the labour dispute do not opt for voluntary
arbitration under section 63 or the party reporting the dispute
does not make a request to the Commission to refer the dispute
to the Tribunal,
the party reporting the dispute may, within 45 days of the submission of the report
by the Commission have, subject to sections 76 to 82, recourse to strike.
(12) In the discharge of its functions under this section, the Commission
shall –
(a) in the first instance, consider the likelihood of the dispute being
settled by conciliation between the parties;
(b) encourage the parties to use any appropriate procedures for

negotiation;
(c) endeavour to promote good industrial relations.
2013 w.e.f 11 June 2013; Section 69 repealed and replaced by The Employment Relations
70. Arbitration
(1) Where a labour dispute is referred to the Tribunal under section 63 or

69(9), the Tribunal shall enquire into the dispute and make an award thereon
within 90 days of the referral.
the circumstances so require, with the consent of the parties to the dispute.
(2A) (a) Where the Tribunal finds that the claim for reinstatement of a
worker in relation to his suspension from work is justified, the Tribunal shall,
subject to the consent of the worker, make an award for the reinstatement of the
worker.
(b) The Tribunal shall not make an award for the reinstatement in
relation to the suspension from work of a worker where the Tribunal, after having
heard the case, is of opinion that the bond of trust between the worker and the
employer may have been broken.
57
(2B) ……………………….
(2C) ………………………..
(3) Subject to section 65 and notwithstanding section 69(1), where a

labour dispute relating to the Mauritius Fire and Rescue Service, the Mauritius
Prisons Service and the Police Force is reported to the President of the Commission,
the President shall forthwith refer the dispute to the Tribunal and the Tribunal
shall, within 30 days of the referral, enquire into the dispute and make an award
thereon.
(4) Subject to section 65 and notwithstanding section 69 (1), where a

labour dispute is reported to the President of the Commission, during the COVID-
19 period or such further period as may be prescribed, by or on behalf of any party
to the dispute in any service industry specified in Part I of the Third Schedule, or
such a labour dispute is pending before the Commission on the commencement of
this subsection, the President shall forthwith refer the dispute to the Tribunal and
the Tribunal shall, within 30 days of the referral, enquire into the dispute and
make an award thereon.
(Subsection (3) amended by The Police (Membership of Trade Union) Act 2016 – Act No. 25 of 2016
w.e.f 9 January 2017; Subsection (1) amended and new subsections (2A) to (2C) inserted by The
Employment Relations (Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019; New
subsection (4) inserted by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 23 March 2020)
(Subsections (2B) and (2C) repealed by the Finance (Miscellaneous Provisions) Act 2022 – Act No.
15 of 2022 w.e.f 1 July 2022)
70A. Referral by supervising officer
(1) Where the supervising officer refers a complaint to the Tribunal under
section 69A of the Workers’ Rights Act 2019, the Tribunal shall proceed to hear the
case and give its determination.
(2) Notwithstanding this Act or any other enactment, the Tribunal shall
give its determination under subsection (1) within 60 days of the referral.
(3) Where the Tribunal finds that the claim for reinstatement of a worker
is justified, the Tribunal shall –
(a) subject, to the consent of the worker; and
(b) where it has reason to believe that the relationship between the
employer and the worker has not irretrievably been broken,
order that the worker be reinstated in his former employment and, where it deems
appropriate, make an order for the payment of remuneration from the date of the
termination of his employment to the date of his reinstatement.
58
(4) Notwithstanding subsection (3), where the Tribunal finds that the
claim for reinstatement of a worker is justified but the Tribunal has reason to
believe that the relationship between the employer and the worker has irretrievably
been broken, it shall order that the worker be paid severance allowance at the rate
specified in section 70(1) of the Workers’ Rights Act 2019.
(5) Where the Tribunal makes an order under this section, the order shall
be enforced in the same manner as an order of the Industrial Court.
“reinstatement” has the same meaning as in section 69A of the

Workers’ Rights Act 2019.
(New section 70A inserted by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
(Heading deleted and replaced, subsection (1) amended, subsection (2) repealed and replaced,
subsection (4) amended w.e.f from 20 July 2023 and new subsection (6) inserted w.e.f 1 July
2022 by the Finance (Miscellaneous Provisions) Act 2023 – Act No.12 of 2023)
71. Exclusion of jurisdiction of Tribunal
The Tribunal shall not enquire into any labour dispute where the dispute
relates to any issue –
(a) within the exclusive jurisdiction of the Industrial Court;
(b) which is the subject of pending proceedings before the Commission or
any court of law.
Sub-Part C – Award of Tribunal
72. Award and its effects
(1) An award of the Tribunal shall be published in the Gazette and shall –
(a) state the parties to whom the award applies;
(b) state the reasons for the award;
(c) be binding on all the parties to whom the award applies;
(d) take effect –
(i) on the date of its publication in the Gazette, or
(ii) if it is expressed to have retrospective effect, on the date
specified in the award; and
(e) in respect of an award under sections 56(5) and 70 (1), (3) and
(4) be an implied term of every contract of employment between
workers and employers to whom the award applies.
(2) An award which is in force may be varied through negotiations

between parties when there is a change in circumstances.
59
(3) Where a party to an award which is in force refuses a variation of the
award, the other party may apply to the Tribunal for a variation of the award and
the Tribunal, on hearing the parties shall vary the award if it is satisfied that there
has been, since the making of the award, a change in circumstances justifying the
variation.

(5) An award under sections 56(5) and 70(1) shall not contain any
provision inconsistent with any enactment, other than a Remuneration Regulations
or Wages Regulations, relating to the terms or conditions of, or affecting,
employment, and any such provision shall, to the extent of the inconsistency, be
void.
w.e.f 11 June 2013; Subsections (2) and (5) amended by The Employment Relations (Amendment)
Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019; Subsection (1) amended by the COVID-19
(Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020 w.e.f 23 March 2020)
73. Extension of award to another employer

(1) Subject to subsection (2), where an award which governs the terms
and conditions of employment in respect of an employer in an industry is in force, a
trade union party to the award may make an application to the Tribunal for an
order to extend the award or part thereof to another employer in that industry by
whom the trade union is recognised and, on hearing the application, the Tribunal
may grant or refuse the order.
(2) The Tribunal shall not make an order under subsection (1), unless it is
satisfied that –
(a) the employer and workers to whom the award is to be extended
are engaged in the same activity as that carried out by those
parties to the award;
(b) the extension of the award is necessary or desirable in the
interest of uniformity of terms and conditions of employment;
(c) the terms of the award are not prejudicial to the viability of the
enterprise concerned.
74. Extension of award to the whole of the industry
(1) Subject to subsection (2), where an award which governs the terms
and conditions of employment in a part of an industry is in force, an employer or a
trade union of workers to whom the award applies may make an application to the
Tribunal for an order to extend the award to the whole of the industry and, on
hearing the application, the Tribunal may grant or refuse the order.
(2) No order shall be made under subsection (1) unless the Tribunal is
satisfied that –
60
(a) the parties to the award are or represent a substantial
proportion of the workers or of the employers in the industry,
the workers being workers of the description to which the award
applies; (b) the employers engaged in the industry are not
bound by the award;
(c) the extension of the award is necessary or desirable in the
interests of uniformity of terms and conditions of employment in
the industry.
(3) An order under subsection (1) may be subject to such conditions as
the Tribunal thinks fit and, in particular, the order may provide that where an
employer is observing terms and conditions of employment which are more
favourable than the terms and conditions of employment specified in the award, the
employer shall continue to be bound by the more favourable terms and conditions
of employment.
(4) Where an employer, not a party to the original award and to whom the
extension of the award would apply, has reasonable grounds to believe that
coverage by the award would be prejudicial to the viability of, or employment in his
enterprise, he may apply to the Tribunal for an order to have his enterprise
exempted from all or part of its provisions and, on hearing the application, the
Tribunal may grant or refuse the order.
(5) Any application made under subsections (1) and (4) shall be
determined within 60 days of the date of receipt of the application.
75. Interpretation of award

(1) Where any question arises as to the interpretation of any order or
award made by the Tribunal, or the consistency of an order or an award with any
enactment, any party to whom the order or award relates, may apply to the
Tribunal for a declaration on the question.
(2) The Tribunal shall, after hearing the parties concerned, make a
declaration on the question under subsection (1) within 60 days of the date of
receipt of the application.
(3) A declaration made by the Tribunal under subsection (2) shall form
part of the original award.
(4) Notwithstanding subsection (1), where a question arises out of a

clerical mistake, incidental error or omission, the Tribunal may, on its own motion
and without hearing the parties, make a declaration to rectify the mistake, error or
omission.
PART VII – STRIKES AND LOCK-OUTS
76. Right to strike and recourse to lock-out
(1) Subject to section 77, every worker has the right to strike and every
employer may have recourse to a lock-out, where –
(a) a labour dispute has been reported under section 64 and no
agreement has been reached;
61
(b) the parties to the labour dispute have not elected to refer the
dispute for voluntary arbitration under section 63;
(ba) the party reporting the dispute has not made a request to the
Commission to refer the labour dispute to the Tribunal under
section 69;
(c) a strike ballot has been successfully taken in accordance with
section 78; and
(d) a notice of the strike or lock-out has been given to the Minister
in accordance with section 79.
(2) Notwithstanding subsection (1), a worker shall have the right to strike
where –
(a) the strike relates to a major health and safety issue that may
jeopardise the life and security of any worker, unless the worker
has been transferred forthwith to another workplace which is
safe and without risks to health; or
(b) more than 50 per cent of the workers of an enterprise have not
been paid remuneration within the prescribed period,
and the Minister has been notified and remedial action has not been taken by the
employer within a reasonable delay fixed by the Minister.
(3) Notwithstanding subsections (1) and (2), no member of the Police Force
shall have the right to strike under any circumstance.
(New subsection (3) inserted by The Police (Membership of Trade Union) Act 2016 – Act No. 25 of
2016 w.e.f 9 January 2017; New subsection (1)(ba) inserted by The Employment Relations
77. Limitation on right to strike or recourse to lock-out

(1) Subject to section 76(2), a person shall not take part in a strike or a
lock-out where –
(a) the conditions and procedures applicable in pursuance of

section 76(1) have not been followed;
(b) strike or lock-out occurs whilst –
(i) a collective agreement or an award relating to wages, and

terms and conditions of employment is in force; or
(ii) a report of the Pay Research Bureau or a salary

commission, by whatever name called, by which the
person has opted to be governed, is in force in relation to
remuneration or allowances of any kind;
(c) the labour dispute is one which is governed by section 70(3) and
(4);
62
(d) the labour dispute is reported by or on behalf of an individual
worker;
(e) the minimum service required under section 81 has not been
organised and put into effect;
(ea) the Tribunal makes an order under section 86(3); or
(f) the Supreme Court makes an order under section 82(3).
(2) Any strike or lock-out in contravention of subsection (1) shall be

unlawful.
(Subsection (1)(b) repealed and replaced, subsection (1)(e) amended and new subsection (1)(ea)
inserted by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June
2013; Subsection (1)(d) amended by The Employment Relations (Amendment) Act 2019 – Act No.
21 of 2019 w.e.f 27 August 2019; Subsection (1)(c) amended by the COVID-19 (Miscellaneous
Provisions) Act 2020 – Act No. 1 of 2020 w.e.f 23 March 2020)
78. Strike ballot
(1) Where a decision to have recourse to a strike is taken under section

69(11), the trade union of workers, party to the dispute, shall, at least 7 working
days before organising a strike ballot, notify the supervising officer, the President of
the Commission and the employer of its intention to hold the strike ballot and the
date, time and place where the strike ballot is to take place.
(2) The vote shall be taken by secret ballot in the presence of such officer
of the Commission as the President of the Commission may determine.
(3) (a) The secret ballot may be conducted at the workplace or such
other place as the trade union may determine.
(b) The secret ballot shall be successful where it obtains the

support of a majority of the workers in the bargaining unit concerned by the labour
dispute.
(4) Any employer to whom a notification of a strike ballot is given under

subsection (1) shall grant such facilities as may be necessary to, and collaborate
with, the trade union and the officer of the Commission in the conduct of the
strike ballot.
(5) The trade union shall keep the ballot papers and election documents
in sealed envelopes and in safe custody for a period of at least 6 months from the
date of the ballot.
(6) No person shall tamper with a ballot paper, an election document or

the seals of any envelope containing such papers.
(Subsections (1) and (2) amended and subsection (4) repealed by The Employment Relations
(Amendment) Act 2013 – Act No. 5 of 2013 w.e.f 11 June 2013; Subsections (1) to (3) repealed and
replaced and new subsection (4) inserted by The Employment Relations (Amendment) Act 2019 –
63
79. Notice of strike or lock-out
Where a strike ballot has been successful or an employer proposes to have

recourse to a lock-out, as the case may be, the trade union of workers or the
employer shall give not less than 10 days’ notice in writing of the commencement of
the strike or lock-out to the Minister and to the other party.
79A. Conciliation service by Minister
(1) Notwithstanding the other provisions of this Act, the Minister may, at
the request of any party to a labour dispute, provide a conciliation service with a
view to conciliating the parties –
(a) where the dispute has remained unresolved at the level of the
Commission and the dispute has not been referred to the
Tribunal under section 63 or 69(11), as the case may be; or
(b) at any time before or during a lawful strike takes place.
(1A) Where the labour dispute referred to in subsection (1) still remains
unresolved –
(a) the Minister may, with the consent of the parties, refer the
dispute to the Tribunal; or
(b) the parties may elect to jointly refer the dispute to an arbitrator
of their choice.
(2) Where the dispute is resolved by an agreement under subsection (1),
the agreement shall –
(a) be recorded in writing;
(b) be signed by the parties;
(c) be registered with the Supervising Officer and the Tribunal; and
(d) have the effect of a collective agreement as specified in sections

55 and 56.
2013 w.e.f 11 June 2013; Subsection (1) repealed and replaced and new subsection (1A) inserted
by The Employment Relations (Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019)
80. Picketing
(1) Any worker or a group of workers or an officer or a negotiator may, in

furtherance of a lawful strike, be present at the entrance of a workplace or near a
workplace for the purpose of peacefully communicating information or peacefully
persuading any worker to participate in the strike.
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(2) No employer shall deny any worker or a group of workers or an officer
or a negotiator the right to picketing under subsection (1).
81. Minimum service
(1) Every procedure agreement shall establish for services specified in the
Part II of the Third Schedule the number of workers, their occupations and their
departments in respect of which a minimum service shall be maintained during any
period of strike or lock-out.
(2) Before proceeding on a strike or a lock-out, every trade union or

employer concerned, as the case may be, shall ensure that the minimum service
specified in the procedure agreement has been organised and put into effect.
(Subsection (1) amended by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act No. 1 of 2020
w.e.f 23 March 2020)
82. Acute national crisis
(1) Where the duration of a strike or lock-out which is not unlawful is

such that an industry or a service is likely to be seriously affected, or employment
is threatened, or where the Prime Minister is of opinion that the continuance of the
strike or lock-out may result in a real danger to life, health or personal safety of the
whole or part of the population, the Prime Minister may –
(a) apply to the Tribunal for an order for the establishment of a
minimum service unless it is provided for under section 81; or
(b) apply to the Supreme Court for an order prohibiting the
continuation of the strike or lock-out.
(2) Where the Prime Minister makes an application under subsection

(1)(a), the Tribunal shall, within 48 hours, make an order on the number and
occupations and departments necessary for the maintenance of the minimum
service and the order shall be complied with forthwith.
(3) Where the Supreme Court makes an order under subsection (1)(b), it
shall refer the parties to the labour dispute giving rise to the strike or lock-out to
the Tribunal for arbitration.
(4) Where a labour dispute is referred to the Tribunal under subsection (3)
the Tribunal shall hear the case de die in diem and make an award within 30 days
of the referral.
83. Legal effect of strike on contract of employment
(1) The contract of employment of a worker shall not be deemed to be

broken by reason of his participation in a strike which is not unlawful.
(2) A worker shall not be entitled to any remuneration while he is on

strike unless otherwise agreed by the parties.
84. Civil and criminal immunity
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Any act done by a person in furtherance of a labour dispute in conformity
with this Act shall not render that person criminally or civilly liable on the ground
only that the act –
(a) may prevent or has prevented any other person from performing a
contract;
(b) is an interference with the trade or employment of any other person; or
(c) is an interference with the right of another person to dispose of his
capital or labour as he so wishes.
PART VIII – EMPLOYMENT RELATIONS INSTITUTIONS
Sub-Part A –Employment Relations Tribunal
85. Establishment of Employment Relations Tribunal
(1) The Permanent Arbitration Tribunal established under section 39 of

the repealed Industrial Relations Act is deemed to have been established under this
Act and is renamed as the Employment Relations Tribunal.
(2) The Tribunal shall be reconstituted and shall consist of –

(a) a President and 2 Vice-Presidents whose offices shall be public
offices;
(b) not more than 10 other members, who shall be appointed for a
period of 3 years by the Minister, after consultation with the
most representative organisations of workers and employers;
(c) not more than 6 independent members who shall be appointed
for a period of 3 years by the Minister.
(3) A person shall not be appointed President or Vice-President of the

Tribunal unless he is qualified for appointment as a Judge of the Supreme Court.
(4) Part I and, where appropriate, Part IV of the Second Schedule shall
apply to the Tribunal and its members.
(Subsection (2)(c) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of
2013 w.e.f 11 June 2013)
86. Functions of Tribunal
(1) The Tribunal shall have such functions as are specified in this Act, the
Workers’ Rights Act 2019 or as may be prescribed.
(2) Without prejudice to the generality of subsection (1), the Tribunal shall
–
(a) make awards;
(b) make orders in relation to recognition, check-off agreement,
agency shop order, minimum service and any other issues
under this Act;
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(ba) …………..
(c) interpret collective agreements, awards and orders; and

(d) publish on or before 31 March of every year, an annual report
providing summaries of cases and rulings.
(3) Where any party to a matter relating to terms and conditions of

employment fails to follow the procedures and remedies available under a
procedure agreement or under this Act with regard to an existing or threatened
strike or lockout arising out of a labour dispute whether or not reported under
section 64 and if the dispute has been so reported, whether or not the report has
been rejected under section 65, the other party may apply to the Tribunal and the
Tribunal may make an order -
(a) requiring the parties to make use of the procedures and
remedies available under the procedure agreement or under this
Act; and
(b) declaring any existing or threatened strike or lock-out to be
unlawful.
(4) A party shall comply with an order under subsection (3) forthwith.
(Subsections (1) and (2) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5
of 2013 w.e.f 11 June 2013; Subsection (1) amended and subsection (2)(ba) repealed by The
Employment Relations (Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019)
Sub-Part B – Commission for Conciliation and Mediation
87. Establishment of Commission
(1) The Industrial Relations Commission established under section 41 of

the repealed Industrial Relations Act is deemed to have been established under this
Act and is renamed as the Commission for Conciliation and Mediation.
(2) The Commission shall consist of –

(a) a President and 3 Vice-presidents, to be appointed by the
Minister;
(b) 12 conciliators and mediators who shall be public officers
having experience in the field of industrial relations; and
(c)not more than 12 members, to be appointed by the Minister for
such period as he may determine.
(3) ……………
(4) Part II and, where appropriate, Part IV of the Second Schedule shall
apply to the Commission and its members.
(Subsection (2) repealed and replaced and subsection (3) repealed by The Employment Relations
67
(Subsection (2)(b) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
88. Functions of Commission
(1) The Commission shall have such functions as are specified in this Act
or as may be prescribed.
(2) Without prejudice to the generality of subsection (1), the Commission

shall –
(a) provide a conciliation or mediation service on any labour
dispute or any complaint referred to it under section 120 of the
Workers’ Rights Act 2019 referred to it under this Act;
(b) investigate into any labour dispute reported to it;
(c) enquire into and report on any question referred to it under
section 89; and
(d) provide a conciliation or mediation service for the assistance of
workers, trade unions and employers.
(3) The Commission may –

(a) advise a party to a labour dispute on procedures to be followed
in accordance with this Act;
(b) publish guidelines in relation to any matter dealt with in this
Act; and
(c) conduct research into matters relevant to its functions and
publish reports on such research.
(4) The Commission may provide workers, trade unions, group of trade
unions, joint negotiating panels or employers with advice relating to the primary
objects of this Act, which includes –
(a) establishing collective bargaining structures;
(b) creating deadlock-breaking mechanisms;
(c) designing, establishing and functioning of workplace councils;
(d) preventing and resolving disputes and grievances;
(e) setting up of disciplinary or dispute resolution procedures;
(f) addressing industrial relations issues relating to the

restructuring of organisations.
(Subsection (4)(e) amended by The Employment Relations (Amendment) Act 2019 – Act No. 21 of
2019 w.e.f 27 August 2019)
(Subsection (2)(a) amended by the Finance (Miscellaneous Provisions) Act 2022 – Act No. 15 of
2022 w.e.f 1 July 2022)
89. Reference by Minister
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(1) The Minister may refer to the President of the Commission any
question relating to employment relations generally or to employment relations in
any particular industry, and the President of the Commission shall enquire into
and report upon any question so referred.
(2) The report of the President of the Commission on any question referred
to it under subsection (1) may be published in such manner as the Minister may,
after consultation with the President of the Commission, determine.
(Subsections (1) and (2) amended by The Employment Relations (Amendment) Act 2019 – Act No.
21 of 2019 w.e.f 27 August 2019)
Sub-Part C – National Remuneration Board

90. Establishment and functions of National Remuneration Board
(1) The National Remuneration Board established under section 45 of the
repealed Industrial Relations Act shall be deemed to have been established under
this Act.
(2) The Board shall be reconstituted and shall consist of –
(a) a Chairperson;
(b) a Vice-Chairperson;
(c) a representative of the Ministry responsible for the subject of
economic development;
(d) a representative of the Ministry responsible for the subject of
industry;
(e) 2 representatives of workers;
(f) 2 representatives of employers;
(g) 2 independent members;
(h) a representative of Statistics Mauritius.
(3) The Chairperson and the Vice Chairperson shall be public officers.
(4) The independent members shall be appointed by the Minister on such

terms and for such period as he may determine.
(5) The representatives of workers and of employers shall be appointed by

the Minister for such period after consultation with the most representative
organisations of workers and employers.
(6) Part III and, where appropriate, Part IV of the Second Schedule shall
apply to the Board and its members.
(7) The Board shall have such functions as are specified in this Act or as
may be prescribed.
(8) This Sub-Part shall not apply to the public service.
69
(New subsection (2)(h) inserted by The Employment Relations (Amendment) Act 2019 – Act No. 21
of 2019 w.e.f 27 August 2019)
91. Reference to Board
(1) (a) The Board shall make its recommendations to the Minister for
the review of pay and grading structures on an occupational basis every 5 years.
(b) For the purpose of paragraph (a), the Board shall take as
baseline the rate of wages prescribed in the Wages Regulations in force.
(1A) For the purpose of subsection (1) –
“worker” –
(a) means –
(i) a worker whose basic wage or salary is at a rate not

exceeding 30,000 rupees in a month; or
(ii) a person who has been awarded a bachelor’s degree,

recognised by the Higher Education Commission; but
(b) does not include –
(i) a public officer, a local government officer or a worker of a

statutory body;
(ii) a job contractor;
(iii) a person taking part in a training scheme set up by the

Government or under a joint public-private initiative with
a view to facilitating the placement of jobseekers in
gainful employment.
(2) Where the Minister considers that there is no mechanism for the
regulation of conditions of employment in an industry or a sector of activity, by
collective agreements or otherwise, the Minister may refer the matter to the Board.
(3) Without prejudice to subsection (2), the Minister may, on request

made by a joint consultative or negotiating body composed of representatives of a
substantial number of workers and of employers in an industry not covered by a
collective agreement, refer any matter concerning conditions of employment related
to that industry to the Board.
(4) The Board shall, upon a reference under subsection (2) or (3), submit
its recommendations to the Minister not later than 180 days after the date of
referral.
(5) The Board may, with the approval of the Minister, extend, where the
circumstances so require, the period specified in subsection (4).
70
“worker”, subject to subsection (1A), has the same meaning as in the

Workers’ Rights Act 2019.
21 of 2019)
(Subsection (1) repealed and replaced, new subsection (1A) inserted and subsection (6) repealed
and replaced by the Finance (Miscellaneous Provisions) Act 2023 – Act No. 12 of 2023 w.e.f a date
to be fixed by proclamation)
(Note: This section has not yet been proclaimed)
91A. Determination of wages on occupational basis
The Minister may appoint such person, having wide experience in the field of
wage determination and job classification, to make recommendations for the
introduction of wages on an occupational basis.
(New section 91A inserted by the Finance (Miscellaneous Provisions) Act 2023 – Act No.12 of 2023
w.e.f a date to be fixed by proclamation)
92. Procedure of Board
(1) Before submitting any recommendation to the Minister, the Board

shall –
(a) make such investigations as it thinks fit;
(b) publish in the Gazette and in at least 3 daily newspapers a
notice specifying that copies of the recommendation it proposes
to make may be obtained at the office of the Board and the time,
which shall not be more than 14 days from the date of the last
publication, within which written representations with respect
to the proposed recommendation may be sent to the Board;
(c) consider any written representations made within the time
specified in the notice;
(d) make such further enquiries or give such further consideration
to the matter as it thinks fit.
(2) The Board shall, not later than 28 days after the last publication of the
notice under subsection (1)(b), submit its recommendation to the Minister, either
with or without amendments to the proposed recommendation as it thinks fit.
93. Remuneration Regulations or Wages Regulations
(1) Where the Minister receives a recommendation under section 92, he

may –
(a) make regulations for implementing the recommendation;
(b) reject the recommendation and –
71
(i) make no regulations; or
(ii) make such regulations as he thinks fit; or
(c) refer the recommendation back to the Board with a request to
reconsider the recommendation in the light of any observations
he may make.
(1A) Where the Minister receives a recommendation under section 91A, he

may –
(a) make regulations for implementing the recommendation;
(b) reject the recommendation and –
(ii) make such regulations as he thinks fit.
(2) Where the Minister refers a recommendation back to the Board under
subsection (1), the Board shall reconsider the recommendation and make a fresh
recommendation to the Minister and, on submission of a fresh recommendation by
the Board, the Minister may –
(a) make regulations for implementing the recommendation; or
(b) reject the fresh recommendation and –
(ii) make such regulations as he thinks fit.
(2A) Where, under subsection (1)(b) or (2)(b), the Minister rejects a

recommendation and makes no regulations or, makes such other regulations as he
thinks fit, he shall lay a report in the National Assembly containing a statement of
the reasons for his decision.
(Note: Subsection (2A) has not yet been proclaimed)
(3) The Minister shall cause regulations made under this section to be
published in the Gazette and in at least 3 daily newspapers.
(4) Any regulation made under this section shall take effect from a date
which shall be specified in the regulations and different dates may be fixed.
(Heading deleted and replaced and new subsection (2A) inserted by The Employment Relations
(New subsection (1A) inserted by the Finance (Miscellaneous Provisions) Act 2023 – Act No.12 of
2023 w.e.f 20 July 2023)
94. Power to make regulations to reflect payment of additional

remuneration and national minimum wage
(1) Notwithstanding sections 91 to 93, the Minister may, following the

enactment of any law providing for the payment of additional remuneration or
72
national minimum wage, make such regulations as are necessary in order to reflect
any such additional remuneration or national minimum wage in the salary, wage or
other remuneration payable under any regulations implementing any
Remuneration Regulations or Wages Regulations governing any category of
employees, to whom the additional remuneration or national minimum wage is
payable.
(2) Regulations made under subsection (1) may be by way of regulations

amending regulations made to implement any Remuneration Regulations or Wages
Regulations.
(Section 94 repealed and replaced by The National Wage Consultative Council Act 2016 – Act No.
6 of 2016 w.e.f 01 September 2016; Subsections (1) and (2) amended by The Employment
95. Effect of Remuneration Regulations or Wages Regulations
(1) Any Remuneration Regulations or Wages Regulations made under

section 93 shall be binding on the employers and workers and shall not be subject
to abatement by them by individual agreement, except by collective agreement
under conditions expressly provided for under this Act.
(1A) Notwithstanding subsection (1), where, in an enterprise or industry,

there is a collective agreement which covers or refers to matters specified in the
relevant Remuneration Regulations or Wages Regulations, those Remuneration
Regulations or Wages Regulations shall not apply to that enterprise or industry,
except for provisions in relation to matters not covered or referred to in the
collective agreement.
(2) An employer who contravenes any provision of the Remuneration

Regulations or Wages Regulations made under section 93 shall commit an offence,
and shall, on conviction, be liable to a fine not exceeding 50,000 rupees.
(3) Any prosecution under subsection (2) shall take place before the
Industrial Court which shall have jurisdiction to hear and determine any charge
laid under that subsection.
(4) It shall be a defence in any proceedings under subsection (2) for an
employer to satisfy the Industrial Court that –
(a) he has used every diligence to ensure compliance with this Sub-
Part;
(b) the offence was committed –
(i) without his knowledge or consent; or
(ii) by reason of a bona fide mistake in the keeping of his
records; and
(c) the consequences of the ignorance or mistake have been
rectified.
(5) Where an employer is convicted of an offence under subsection (2)

which consists in the payment to a worker of a lesser remuneration than the
73
minimum remuneration specified in the Remuneration Regulations or Wages
Regulations made under section 93, the Industrial Court may, without prejudice to
any penalty which may be imposed under subsection (2), order the employer to pay
to the worker the difference between the amount which ought to have been paid as
remuneration and the amount actually paid.
(6) Notwithstanding subsection (5), the Industrial Court shall have

jurisdiction to hear and determine any civil claim arising out of any Remuneration
Regulations or Wages Regulations.
(New subsections (1A) and (6) inserted by The Employment Relations (Amendment) Act 2013 – Act
No. 5 of 2013 w.e.f 11 June 2013; Heading amended, subsections (1), (1A), (2), (5) and (6)
amended by The Employment Relations (Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27
August 2019)
(Note: Amendments brought to sections 93, 94 and 95 by The Employment Relations

(Amendment) Act 2019 – Act No. 21 of 2019 have not yet been proclaimed)
96. Employment of disabled or incapacitated person
(1) The Supervising Officer may, on application made to him, grant a

permit, subject to such conditions as he thinks fit, authorising the employment of a
person at less than the minimum remuneration prescribed in regulations made
under section 93 or under a collective agreement where that person, by reasons of
infirmity or physical incapacity, is incapable of earning the minimum remuneration
specified in those regulations or collective agreement.
(2) Where a permit under subsection (1) is in force, the remuneration

authorised to be paid to the worker under the permit shall, subject to compliance
with the conditions under which the permit is granted, be deemed to be the
minimum remuneration in relation to the worker.
(3) Any person who is aggrieved by the decision of the Supervising Officer
to grant or to refuse to grant a permit under subsection (1) may make an
application to the Tribunal to reverse the decision and, on hearing the application,
the Tribunal may make such order as it thinks fit.
Sub-Part D – General
97. Principles to be applied by Tribunal, Commission and Board
The Tribunal, the Commission or the Board may, in the exercise of their
functions in relation to a matter before them under this Act have regard, inter alia,
to –
(a) the interests of the persons immediately concerned and the
community as a whole;
(b) the need to promote decent work and decent living;
(c) the need to promote gender equality and to fix wages on the basis of
job content;
(d) the principles of natural justice;
74
(e) the need for Mauritius to maintain a favourable balance of trade and
balance of payments;
(f) the need to ensure the continued ability of the Government to finance
development programmes and recurrent expenditure in the public
sector;
(g) the need to increase the rate of economic growth and to protect
employment and to provide greater employment opportunities;
(h) the need to preserve and promote the competitive position of local
products in overseas market;
(i) the capacity to pay of enterprises;
(j) the need to develop schemes for payment by results and, as far as
possible, to relate increased remuneration to increased labour
productivity;
(k) the need to prevent gains in the wages of workers from being adversely
affected by price increases; (l) the need to establish and maintain
reasonable differentials in rewards between different categories of
skills and levels of responsibility;
(m) the need to maintain a fair relation between the incomes of different
sectors in the community; and
(n) the principles and best practices of good employment relations.
Sub-Part E – Intervention by Attorney-General
98. Intervention by Attorney-General
(1) The Attorney-General may intervene in any matter before the Tribunal,
the Commission or the Board –
(a) for the purposes of giving such assistance as he thinks fit, if it
appears to him that some question of public importance or
affecting the public interest is at issue;
(b) at the request of any of them in respect of a question referred to
in subsection (a).
(2) The Attorney-General may, on intervention made under this section,

tender such evidence and make such submissions as he thinks fit with respect to
the matter before the Tribunal, the Commission or the Board.
(3) No intervention of the Attorney-General shall be taken to cause the

Attorney-General to become a party to the matter before the Tribunal and,
accordingly, no order or award shall be made against the Attorney-General in any
matter.
Sub-Part F – National Tripartite Council
98A. Establishment of Council
There is established for the purposes of this Act a Council to be known as the
National Tripartite Council.
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98B. Objects of Council
The objects of the Council shall be to promote social dialogue and consensus
building on labour, industrial relations or socio-economic issues of national
importance and other related labour and industrial relations issues.
98C. Functions of Council
(1) The Council shall, at the request of the Minister or on its own
initiative, make recommendations to the Government on issues relating, inter alia,
to –
(a) standards, principles, policies and programmes in labour,

industrial relations and health and safety issues, including the
review of the operation and enforcement of the labour
legislation;
(b) international relations with the International Labour

Organisation (ILO), the African Union (AU) and the Southern
African Development Community (SADC);
(c) the administration of issues concerning items on the agenda of

international labour conferences and regarding the examination
of issues pertaining to ratified or unratified labour conventions
and recommendations;
(d) social and economic policies in the light of changes in the world
of work;
(e) employment policies and job creation;
(f) skills training and upgrading for greater employability;
(g) productivity, competitiveness and efficiency at the workplace;
(h) decent work at the workplace and the evaluation and monitoring
of the ILO Decent Work Country Programme.
(2) The Council shall, in the discharge of its functions –
(a) collect and analyse data and information on wages and related
matters;
(b) conduct research on labour market and socio-economic issues

for policy formulation.
98D. Composition of Council
(1) The Council shall be presided by the Minister who shall be the
Chairperson and shall consist of –
76
(a) 2 Vice-chairpersons, to be appointed by the Minister;
(b) a representative of the Ministry;
(c) a representative of the Ministry responsible for the subject of

agriculture;
(d) a representative of the Ministry responsible for the subject of

business;
(e) a representative of the Ministry responsible for the subject of

civil service;
(f) a representative of the Ministry responsible for the subject of

finance;
(g) a representative of the Ministry responsible for the subject of

industry;
(h) a representative of the Ministry responsible for the subject of

tourism;
(i) a representative of the Ministry responsible for the subject of

human resources;
(j) 7 members representing organisations of employers, to be

appointed by the Minister after consultation with the most
representative organisations of employers;
(k) 7 members representing organisations of workers, to be

appointed by the Minister after consultation with the most
representative organisations of workers;
(l) one academic and one professional having wide knowledge in

the field of labour market, industrial relations or economy, to be
appointed by the Minister.
(2) The members referred to in subsection (1)(a), (i), (j), (k) and (l) shall
hold office for a period of 2 years and shall be eligible for reappointment for a
further period of 2 years.
(3) In the absence of the Chairperson, any of the Vice-chairpersons as

designated by the Chairperson may act on his behalf.
“organisations of workers” means a registered trade union, federation

or confederation.
98E. Meetings of Council
77
The Council shall meet at quarterly intervals or as often as the Chairperson
may determine.
98F. Commissions
(1) The Council may set up such commissions as may be necessary to

assist it in the discharge of its functions.
(2) The Council shall appoint a chairperson to chair each Commission.
(3) Each Commission shall consist of such number of members as the

Council may determine, taking into account their expertise in the appropriate field
and adequate representation of each of the different groups in the Council.
(4) The Council may co-opt any person, who is not a member of the
Council, in view of his expertise, to assist a Commission in its work and
deliberation.
(5) Each Commission shall meet as often as necessary or at such intervals

as the Chairperson may determine.
(6) The members of the Commissions shall hold office for a period of 12
months and may be eligible for reappointment for a further period of 12 months.
(7) Each Commission shall be subject to the direction and control of the
Council.
98G. Functions of Commissions
(1) A Commission shall –
(a) undertake such studies and prepare such reports and

recommendations as the Council may require;
(b) advise the Council on any matter referred to it.
(2) A Commission shall submit its report and its recommendations to the
Council on any matter referred to it by the Council within such time as the Council
may determine.
98H. Staff of Council
(1) The Secretary to Cabinet and Head of the Civil Service may, subject to
the Public Service Commission Regulations, designate such public officers as may
be necessary to assist the Council.
(2) Every officer so designated shall be under the administrative control of

the Council.
98J. Annual report
78
The Council shall, not later than 3 months after the end of every financial
year ending on 30 June, submit to Cabinet its annual report.
(New Sub-Part F inserted as per The Employment Relations (Amendment) Act 2019 – Act No. 21 of
2019 w.e.f 27 August 2019)
PART IX – APPLICATION OF ACT TO RODRIGUES
99. Establishment of Rodrigues Commission for Conciliation and Mediation
(1) There is established for the purposes of this Act a Rodrigues

Commission for Conciliation and Mediation which shall consist of –
(a) a President, who shall be appointed by the Commissioner
responsible for labour and employment;
(b) one representative of workers’ organisation and one
representative of employers’ organisation who shall be appointed
by the Commissioner responsible for the subject of labour and
employment for such period as he may determine, after
consultation with the most representative organisation of
workers and employers, as the case may be;
(c) one independent member who shall be appointed by the
Commissioner responsible for the subject of labour and
employment for such period as he may determine.
(2) Parts VI, VII and VIII and Part IV of the Second Schedule shall apply,
where appropriate, to the Rodrigues Commission for Conciliation and Mediation in
relation to any labour dispute arising in Rodrigues.
(3) The functions of the President of the Commission under Part VI shall,
in Rodrigues, be exercised by the President of Rodrigues Commission for
Conciliation and Mediation.
(4) Subject to subsection (5), the functions exercised by the Supervising

Officer responsible for the subject of labour and industrial relations under Part VI
shall, where appropriate, be exercised by the Departmental Head of the
Commission responsible for the subject of labour and employment.
(5) The functions of the Supervising Officer of the Ministry responsible for
the subject of civil service affairs under Part VI shall, where appropriate, be
exercised by the Departmental Head of the Commission responsible for the subject
of civil service affairs.
2013 w.e.f 11 June 2013)
PART X – OFFENCES AND PENALTIES
100. Prevention of intimidation
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(1) Without prejudice to the provisions of the Public Order Act, 1971, but
subject to section 102, any person acting on his own behalf or on behalf of a trade
union may, in contemplation or furtherance of an industrial dispute, attend at or
near a place where a person works or carries on business, either alone or in
reasonable numbers and at a reasonable time for the purposes of peacefully
obtaining or communicating information, or of peacefully persuading any other
person to work or abstain from working.
(2) Any person who, without lawful excuse, attends at or near a place
where a person works or carries on business, otherwise than in accordance with
the conditions specified in subsection (1) or for a purpose other than one that is
specified in subsection (1), shall commit an offence.
(3) Any person who, with a view to compelling any worker to abstain from
doing or to do any act which that worker has a legal right to do or abstain from
doing, without lawful authority or excuse –
(a) uses violence on or intimidates that worker or his wife or
children or damages his property;
(b) persistently follows that worker about from place to place;
(c) hides any tools, clothes or other property owned or used by that
worker or deprives him of, or hinders him in, the use thereof;
(d) watches or besets the house or other place where that worker
resides, or works or carries on business, or happens to be, or
the approach to such house or place; or
(e) allows that worker with 2 or more persons in a disorderly
manner in or through any street or road,
shall commit an offence, and shall, on conviction, be liable to a fine not exceeding
1,000 rupees and to imprisonment for a term not exceeding 3 months.
w.e.f 11 June 2013)
101. Calling and financially assisting unlawful strikes or lock outs
(1) Any person who in connection with any unlawful strike or lock-out
calls, institutes, organises, carries on, procures or incites other persons to take
part in the strike or lock-out shall commit an offence.
(2) Any person who, for the purposes of promoting or maintaining an

unlawful strike or lock-out, directly or indirectly gives financial assistance –
(a) to a trade union of workers which calls, organises or carries on
the strike or to any worker who takes part in or assists in the
strike; or
(b) to an employer who institutes, takes part in or assists in the
lock-out,
shall commit an offence.
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(3) Any trade union, worker, employer or other person who receives
financial assistance for the purpose of promoting or supporting an unlawful strike
or lock-out, shall commit an offence.
(4) Where an officer of a trade union commits an offence with the

authority of the trade union, every person who at the time of the offence was an
officer of the trade union shall likewise commit that offence, unless he proves that
the offence was committed without his knowledge or consent and that he exercised
all reasonable diligence to prevent the commission of the offence.
(5) Where a person who commits an offence under this section was at the
time of the offence, an officer of a trade union, it shall be presumed, until the
contrary is proved, that he committed the offence with the authority of the trade
union.
(6) Any person who commits an offence under this section shall, on
conviction be liable to a fine not exceeding 25,000 rupees.
102. Offences by trade unions and officers
(1) Any trade union which or person other than the employer who,
contravenes section 10, 14(2), (5), (6), (7), 18(1), 19(1), (3), 20(3), 21(1), 22, 24(6),
25(1), (2), 26(1), (2), 27(4) or 43(1) shall commit an offence.
(2) Any officer who contravenes section 5(11), 7(9), 11(2), 23(1), (4), 24(1),
(5) or 28(3) shall commit an offence.
(3) Where a trade union commits an offence under subsection (1), the
officer responsible under the rules of the trade union for complying with the
provision of this Act or of the Second Schedule or of the regulation which has been
contravened by the trade union shall commit an offence, unless he proves that the
offence was committed without his knowledge or consent and that he exercised all
reasonable diligence to prevent the commission of the offence.
(4) A worker who participates in an unlawful strike in breach of section 77

(5) Any trade union, any officer or person who commits an offence under
this section shall, on conviction, be liable to a fine not exceeding 10,000 rupees.
w.e.f 11 June 2013)
103. Other offences
(1) Any person who contravenes section 19(2), 30, 41(7), 51(11), 53(6),
54(3), 78(6) or 86(4) shall commit an offence and shall, on conviction, be liable to a
fine not exceeding 25,000 rupees.
(2) Any person who commits an offence specified in the Second Schedule
shall, on conviction, be liable to a fine not exceeding 25,000 rupees.
(Subsections (1) and (2) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5
of 2013 w.e.f 11 June 2013)
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104. Offence by employers
Any employer who contravenes section 29(3), 30, 40(8), 43(2), 44(3), 45(b),
(d), (e)(ii), 50(2), (3), (4), 56(8) or 80(2) shall commit an offence and shall, on
conviction, be liable to a fine not exceeding 50,000 rupees.
(Section 104 amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013
w.e.f 11 June 2013)
PART XI – MISCELLANEOUS
105. Jurisdiction
(1) Notwithstanding section 114 of the Courts Act and section 72 of the
District and Intermediate Courts (Criminal Jurisdiction) Act, but subject to section
95, a Magistrate –
(a) shall have jurisdiction to try any offence under this Act; and
(b) may impose any penalty provided by this Act.
(2) Subject to section 95, the Intermediate Court shall have jurisdiction to
try an offence under this Act.
(3) No order, award, recommendation or other decision made by the

Tribunal, Commission or the Board, outside the delays provided for in this Act, may
be challenged or declared invalid for such reason.
106. 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 inspection of registers and documents kept by the Registrar
and the making of copies of any entries therein;
(b) the records to be kept by trade unions;
(c) the levying of fees and charges; and
(d) the amendment of the Schedules.
107. Repeal
The Industrial Relations Act is repealed.
108. Savings and transitional provisions
(1) (a) Where a procedure agreement which is in force before the

commencement of the Employment Relations (Amendment) Act 2019 does not
contain any of the provisions specified in the procedure agreement set out in the
Seventh Schedule, the parties to the procedure agreement shall, within 30 days of
82
the commencement of the Employment Relations (Amendment) Act 2019, include
such provisions in the procedure agreement.
(b) Where the parties fail to comply with paragraph (a), they shall,
after the delay of 30 days, be bound by the procedure agreement in the Seventh
Schedule.
(2) Where a trade union or a joint negotiating panel has obtained

recognition from an employer before the commencement of the Employment
Relations (Amendment) Act 2019 and no procedure agreement is in force, the
employer and the trade union or the joint negotiating panel, as the case may be,
shall be regulated in accordance with the procedure agreement set out in the
Seventh Schedule.
(3) Any application relating to the making of a procedure agreement or

variation of a procedure agreement which is pending before the Tribunal
immediately before the commencement of the Employment Relations (Amendment)
Act 2019 shall be dealt with in accordance with that Act.
(4) Any application made to an employer for recognition of a trade union

or group of trade unions before the commencement of the Employment Relations
(Amendment) Act 2019 and which is still pending shall be dealt with in accordance
with that Act.
(5) Any application for recognition of a trade union pending before the
Tribunal before the commencement of the Employment Relations (Amendment) Act
2019 shall be dealt with under section 38 as if it were an application made under
that section and the Tribunal shall, notwithstanding section 38(14), determine the
application within 60 days of the commencement of the Employment Relations
(Amendment) Act 2019, unless the Tribunal, for exceptional circumstances,
extends the delay.
(6) Subject to subsection (7), the validity of the recognition of a trade

union of workers which obtained recognition before the commencement of the
Employment Relations (Amendment) Act 2019 shall remain unaffected.
(7) Where 2 or more trade unions are already recognised in an enterprise

or industry as bargaining agents only and the trade unions refuse to form a joint
negotiating panel, the employer or any of the trade unions may make an
application to the Tribunal, within 12 months of the commencement of the
Employment Relations (Amendment) Act 2019, for a determination as to which
trade union the workers in the bargaining unit wish to be their bargaining agent.
(8) Any labour dispute which is reported to the President of the

Commission before the commencement of the Employment Relations (Amendment)
Act 2019 and which –
(a) has not been rejected by the President of the Commission or

where it has been rejected, the rejection has been revoked on an
appeal to the Tribunal under section 66; or
83
(b) is referred to the Tribunal, shall be dealt with in accordance
with Part VI as if sections 64, 65, 69, 70, 76, 78 and 88 have
not been amended or repealed and replaced.
(9) Any labour dispute pending immediately before the commencement of

the Employment Relations (Amendment) Act 2019 before the Tribunal shall be dealt
with in accordance with Part VI as if the definition of “labour dispute” in section 2
and sections 64, 65, 69, 70, 76, 78 and 88 have not been amended or repealed and
replaced.
(10) Any labour dispute reported before the commencement of the

Employment Relations (Amendment) Act 2019 or an appeal made under section 66
in relation to a labour dispute reported before the commencement of the
Employment Relations (Amendment) Act 2019 shall be dealt with in accordance
with Part VI as if the definition of “labour dispute” in section 2 and sections 64, 65,
69, 70, 76, 78 and 88 have not been amended or repealed and replaced.
(11) A reference in any enactment to the repealed Remuneration

Regulations shall be construed as a reference to the Remuneration Regulations or
Wages Regulations or any such regulations made under section 93.
(11A) Any complaint which has been referred to the Tribunal and is pending
on the commencement of this subsection shall be determined within 60 days of the
commencement of this subsection.
(12) Where this Act does not make provision for any saving and transition,
the Minister may make such regulations as may be necessary for such saving and
transition.
(Section 108 amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013 –
w.e.f 11 June 2013; section 108 repealed and replaced by The Employment Relations
(New subsection (11A) inserted by the Finance (Miscellaneous Provisions) Act 2023 – Act No. 12 of
2023 w.e.f 20 July 2023)
109. Commencement
(1) Subject to subsection (2), this Act shall come into operation on a date
to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of different
sections of this Act.
84
FIRST SCHEDULE
(section 11)
GUIDELINES FOR MATTERS TO BE PROVIDED FOR

IN THE RULES OF A TRADE UNION
CONSTITUTION AND MANAGEMENT
1. The name of the trade union and the address of its registered office.
2. The objects of the trade union.
3. The election and the re-election of the Managing Committee at intervals to be

determined, the function of the office bearers and the manner in which its members
may be removed, including the provision for appeals.
4. The election or appointment of the officers of the trade union and the manner
in which they may be removed, including the provision for appeals.
5. The powers and duties of the Managing Committee and of each of the officers
of the trade union.
6. (a) The manner in which any branch of the trade union shall be formed.
(b) The management of the branch and the convening and conduct of
meetings for the transaction of the business of the branch.
7. (a) The convening and conduct of meetings for the transaction of the
business of the trade union, including the quorum required and the keeping of the
minutes thereof.
(b) The manner in which decisions shall be taken.
8. The circumstances in which and the persons by whom instructions may be

given to members of the trade union for any kind of industrial action (including a
strike or lock-out).
9. The eligibility of members to vote in any election or ballot.
10. (a) The manner in which elections shall be held or ballots shall be taken
for any purpose, including provision for vote by proxy.
(Paragraph 10(a) amended by The Employment Relations (Amendment of Schedule) Regulations
2009 - GN No. 26 of 2009 w.e.f 2 February 2009)
(b) The procedure for the counting and scrutiny of votes and ballot papers
and the procedure for the declaration or notification of the result thereof.
85
11. In the case of a federation or a confederation, the circumstances in which the
federation or confederation may negotiate and may enter into agreements on behalf
of its members.
12. The procedure to be followed for the amendment of the rules and change of
name.
13. The circumstances and the manner in which the trade union may be
amalgamated or dissolved.
MEMBERS OF THE TRADE UNION
14. The conditions of eligibility for membership and the procedure for dealing
with applications for membership, which shall include provision for appeals against
decisions of the persons responsible for determining such applications.
15. (a) Any contribution to be paid in respect of admission or re-admission

and the amount of trade union fees or any other fees payable.
(b) The procedure and penalties in case of non-payment of trade union
fees and other fees.
16. (a) The descriptions of conduct in respect of which disciplinary action may
be taken against any of its members or officers.
(b) The procedure for taking disciplinary action, including provision for
appeals.
(c) The nature of the disciplinary sanction (whether suspension, expulsion
or otherwise) which can be taken in respect of each such conduct.
17. The circumstances in which and the procedure, other than expulsion by way
of disciplinary action, membership may be terminated and the procedure to be
followed.
18. The procedure for inquiring into any complaint made by a member in
relation to the non-compliance with the rules.
PROPERTY AND FUNDS OF THE TRADE UNION
19. Provisions for bank transactions and investment of funds.
20. The purposes for which and the manner in which funds shall be applied.
21. Provisions for acquiring, controlling and disposal of assets, including the
circumstances in which any financial benefits arising out of the disposal of assets,
shall be made available to members and the amounts of those benefits.
22. (a) The keeping of a register of members showing the names, ID number,
addresses and payments made by the members.
(b) The keeping and preparation of proper accounting records.
86
(c) The inspection of the register of members and of the accounts.
23. The amount of the security to be furnished by officers whose office is

connected with the collection, receipt and management of money on behalf of the
trade union.
24. The procedure for the distribution of property and funds in the event of
dissolution.
25. The rules governing special fund, if any.

__________
87
SECOND SCHEDULE
(sections 85, 87 and 90)
EMPLOYMENT RELATIONS TRIBUNAL, COMMISSION FOR CONCILIATION AND

MEDIATION AND NATIONAL REMUNERATION BOARD
PART I
EMPLOYMENT RELATIONS TRIBUNAL
ORGANISATION AND SITTINGS OF THE TRIBUNAL
1. The Tribunal shall have an official seal.
2. The Tribunal may sit –

(a) in one or more divisions, as may be necessary;
(b) at any time and at any place in Mauritius.
3. (1) (a) Subject to paragraph (aa), the jurisdiction of the Tribunal shall
be exercised by any division of the Tribunal.
(aa) …………….
(b) Each Division of the Tribunal shall –

(i) be presided over by the President or Vice-President of the
Tribunal; and
(ii) consist of the presiding member and 3 other members,
namely a representative from workers’ organisation, a
representative from employers’ organisation and an
independent member.
(Subparagraph (1) amended by The Employment Relations (Amendment) Act 2013 – Act No. 5 of
2013 w.e.f 11 June 2013; Subparagraph (1) amended and subparagraph 3(1)(aa) repealed by The
Employment Relations (Amendment) Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019)
(2) Where, in the course of any proceedings before the Tribunal, a vacancy
arises in relation to one of the members, other than the President or the Vice-
President, the remaining 2 members of the Tribunal may, where the parties to the
proceedings agree, continue and conclude those proceedings notwithstanding the
vacancy.
(3) Where the Tribunal proceeds in accordance with subparagraph (2), no

act, proceedings or determination of the Tribunal shall be called in question
or invalidated by a court of law by reason of the vacancy.
4. (1) Where it appears to the President or Vice-President to be expedient to

do so, he may appoint 2 assessors to assist the members of the Tribunal in the
determination of any particular reference or appeal before the Tribunal, one from a
panel of not less than 6 persons appointed by the Minister after consultation with
representatives of employers as he considers appropriate, and one from a panel of
88
not less than 6 persons appointed by the Minister after consultation with
representatives of workers as he considers appropriate.
(2) Where, in the course of any proceedings before the Tribunal, an

assessor appointed under subparagraph (1) is absent, the Tribunal may continue
and conclude those proceedings notwithstanding the absence of the assessor.
5. Any award or decision of the Tribunal shall be that of the members of the
Tribunal and, in the event of any disagreement –
(a) of the majority of such members, if there are 3; and
(b) of the President or Vice-President, as the case may be, where there are
only 2 members.
PRACTICE AND PROCEDURE OF THE TRIBUNAL
6. (1) The Tribunal shall exercise its jurisdiction in any proceedings in such
manner as to enable the parties to the proceedings to avail themselves of the
conciliation and mediation services of the Commission for Conciliation and
Mediation, or of other possibilities for conciliation and mediation.
2013 w.e.f 11 June 2013; Subparagraph (1) amended by The Employment Relations (Amendment)
Act 2019 – Act No. 21 of 2019 w.e.f 27 August 2019)
(2) The Tribunal may in relation to any dispute or other matter before it –
(a) remit the matter, subject to such conditions as it may
determine, to the parties for further consideration by them with
a view to settling or limiting the several issues in dispute;
(b) dismiss any matter or refrain from further hearing or from
determining the matter, if it appears to the Tribunal that the
matter is trivial, or that further proceedings are unnecessary, or
undesirable in the public interest;
(c) hear and determine the matter in the absence of any party who
has been duly summoned to appear before the Tribunal and has
failed to do so;
(d) order any person to be joined as a party to the proceedings who,
in the opinion of the Tribunal –
(i) may be affected by an order or award; or
(ii) ought in the interests of justice to be joined as a party;
and to do so on such terms and conditions as the Tribunal may
decide;
(e) generally give all such directions and make all such orders,
whether interim or permanent, conditional or unconditional,
and do all such things as are necessary or expedient for the
expeditious determination of that matter.
7. (1) Subject to subparagraph (2), the Tribunal may not order the payment
of costs or expenses by any party to proceedings before the Tribunal.
89
(2) Where, in the opinion of the Tribunal –
(a) any proceedings before the Tribunal were unnecessary,
improper or vexatious; or
(b) there has been unreasonable delay or other unreasonable
conduct in bringing or conducting the proceedings,
the Tribunal may order a party to the proceedings to pay to any other
party thereto such amount as it may specify towards the costs or
expenses incurred by the other party in connection with the
proceedings.
7A. (1) The Tribunal shall have the power to issue execution of its orders.
(2) Every order of the Tribunal shall be enforced in the same manner as
an order of the Industrial Court.
(New paragraph inserted by The Employment Relations (Amendment) Act 2013 – Act No. 5 of 2013
w.e.f 11 June 2013)
PART II
COMMISSION FOR CONCILIATION AND MEDIATION
ORGANISATION AND SITTINGS OF THE COMMISSION
8. (1) The Commission may sit –

(a) in one or more divisions as may be necessary;
(2) The jurisdiction of the Commission shall be exercised by a division of

the Commission.
(3) Every division of the Commission shall -

(a) be presided over by the President or Vice-President; and
(b) consist of the presiding member and 3 other members, namely a
representative from workers’ organisation, a representative from
employers’ organisation and an independent member.
(4) In the discharge of his functions, the President of the Commission may
–
(a) refer a labour dispute, in the first instance, to a conciliator with
a view to promoting a settlement of the dispute; or
(b) refer a labour dispute to one of its divisions for conciliation or

mediation.
(New subparagraph (4) inserted by The Employment Relations (Amendment) Act 2019 – Act No. 21
of 2019 w.e.f 27 August 2019)
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PART III
NATIONAL REMUNERATION BOARD
ORGANISATION AND SITTING OF THE BOARD
9. (1) The Board may sit –

(a) in one or 2 divisions as may be necessary;
(2) The jurisdiction of the Board shall be exercised by a division of the

Board.
(3) Every division of the Board shall –

(a) be presided over by the Chairperson or Vice-Chairperson of the
Board; and
(Paragraph 9(3)(a) amended by The Employment Relations (Amendment of Schedule) Regulations
(b) consist of the presiding member and 4 other members.
PART IV
PROVISIONS APPLICABLE TO TRIBUNAL, COMMISSION AND BOARD
MEMBERSHIP
10. (1) A member, other than the President or Vice-President of the Tribunal
or the Chairperson or Vice-Chairperson of the Board –
(Paragraph 10(1) amended by The Employment Relations (Amendment of Schedule) Regulations
(a) shall be appointed from among persons with proven experience
in the field of human resource management, employment
relations, labour economics, industry, commerce and finance;
and
(b) shall hold and vacate office in accordance with the terms of his
letter of appointment.
(2) A person shall not be qualified to be appointed as a member –

(a) where he is a member of, or a candidate for election to, the
National Assembly or any local authority; or
(b) in the case of the Tribunal established under section 85 or the
Commission established under section 87 where he is a public
officer, a local government officer or an officer of a trade union.
(Paragraph 10(2)(b) amended by The Employment Relations (Amendment of Schedule) Regulations
91
(3) Previous membership shall not affect eligibility for re-appointment.
11. A member may, at any time, resign from his office by notice in writing
addressed to the Minister.
12. The Minister may remove a member, other than the President or Vice-
President of the Tribunal or the Chairperson or Vice-Chairperson of the Board,
from office.
(Paragraph 12 amended by The Employment Relations (Amendment of Schedule) Regulations 2009
- GN No. 26 of 2009 w.e.f 2 February 2009)
13. The appointment of office of every member shall be notified in the Gazette.
14. (1) Notwithstanding that the term of his office has expired, a member
may, with permission given in accordance with subparagraph (2), continue his
office for so long after the end of his term as may be necessary to enable him to
complete the performance of any duty that was commenced before his term of office
expired.
(2) For the purposes of this paragraph, permission may be given –

(a) in the case of the President or Vice-President of the Tribunal or
the Chairperson or Vice-Chairperson of the Board, by the Public
Service Commission;
(b) in the case of the President or Vice-President of the
Commission, by the Minister;
(c) in the case of any other member, by the President or Vice-
President of the Tribunal, the President or Vice-President of the
Commission, or the Chairperson or Vice-Chairperson of the
Board, as the case may be.
PROCEEDINGS OF TRIBUNAL, COMMISSION AND BOARD
15. The Tribunal, the Commission or the Board may conduct its proceedings in a
manner it deems appropriate in order to determine any matter before it fairly and
promptly and may deal with the substantial merits of such matter with a minimum
of legal formalities.
16. A member of the Tribunal, the Commission or the Board who has a direct or
indirect interest in any matter, which is the subject of proceedings before it, shall
not take part in those proceedings.
17. The Tribunal, the Commission or the Board may appoint committees from
amongst its members to examine and report on any matter connected with its
functions under this Act.
18. (1) In any conciliation or mediation proceedings at the Commission, a

party to a labour dispute may, in the case of a worker, be assisted by a co-worker
or by an officer of the trade union of workers or a negotiator or in the case of
92
management, by a representative of management or by such other persons at the
discretion of the Commission.
2013 w.e.f 11 June 2013)
(2) In any proceedings before the Tribunal, a party to a dispute may be

assisted or represented by a law practitioner or an officer of his trade union or by
such other persons at the discretion of the Tribunal.
19. Where a party fails to appear in person or to be represented at a conciliation,

mediation or arbitration proceedings, the President or Vice-President –
(a) may dismiss the matter;
(b) continue with the proceedings in the absence of that party; or
(c) adjourn the proceedings to a later date.
20. (1) The Tribunal, the Commission and the Board shall not be bound by
the law of evidence in force in Mauritius.
(2) Where any witness objects to answering any question or to producing

any relevant document on the ground that it will tend to incriminate him or on any
other grounds which he can lawfully raise in civil or criminal proceedings, he shall
not be required to answer the question or to produce the document, and shall not
be liable to any penalty for refusing to do so.
(3) For the purpose of dealing with any matter before it, the Tribunal, the
Commission or the Board may, by order, require any person –
(a) to furnish, in writing or otherwise, such particulars in relation
to any matter as may be required;
(b) to attend before it and to give evidence on oath or otherwise;
(c) to attend before it and produce any document;
(d) interview any of the parties or any person at any time before,
during, or after a hearing;
(e) follow whatever procedure the Commission considers

appropriate.
(New sub subparagraphs (d) and (e) inserted by The Employment Relations (Amendment) Act 2019
– Act No. 21 of 2019 w.e.f 27 August 2019)
(4) Any order made under subparagraph (3) may include a requirement as
to the date on which or the time within which the order is to be complied with.
(5) Any order purporting to be signed by or under the authority of the

President or Vice-President of the Tribunal, the President or Vice-President of the
Commission, the Chairperson or Vice-Chairperson of the Board shall be presumed,
until the contrary is proved, to have been given by the Tribunal, the Commission or
the Board, as the case may be.
93
(6) Any person who, without lawful excuse, fails to obey an order given
under subparagraph (3) shall commit an offence.
(7) Any person who, being required by an order made under

subparagraph (3) to furnish information, makes a statement or furnishes any
information which he knows, or has reasonable cause to believe, to be false or
misleading in a material particular shall commit an offence.
(8) Any witness who is required to attend before the Tribunal, the
Commission or the Board shall be entitled to the fees or allowances prescribed in
the Witnesses’ Attendance Allowances Act for witnesses in civil cases.
21. The President or Vice-President of the Tribunal or of the Commission shall

not be called upon to give evidence relating to proceedings held before them in any
other proceedings.
21A. The Chairperson or Vice-chairperson of the Board shall not be called upon to
give evidence in any proceedings in relation to any recommendations made by the
Board.
(New paragraph 21A inserted by The Employment Relations (Amendment) Act 2019 – Act No. 21 of
2019 w.e.f 27 August 2019)
22. (1) There shall not be included in any publication relating to any order,
award, report, recommendation or other statement made or authorised by the
Tribunal, the Commission, the Board, or by the Minister, any information disclosed
during the course of proceedings under this Act by any party or witness in
proceedings before the Tribunal, the Commission or the Board which was made
known to the Tribunal, the Commission or the Board only by the disclosure, and in
respect of which the party or witness has made a request during the proceedings
that the information be withheld from publication, and no person concerned in or
present at any proceedings of the Tribunal, the Commission or the Board shall
publish or disclose the information to any person not concerned in or present at
those proceedings, except with the consent of the party or witness.
(2) Any person who publishes or discloses any information in breach of

subparagraph (1) shall commit an offence.
(3) Subparagraphs (1) and (2) shall be without prejudice to the power of
the Tribunal, the Commission or the Board to take such other steps as they may
consider necessary or desirable to safeguard national or industrial secrets or other
information appearing to the Tribunal, the Commission or the Board to be
deserving of confidential treatment.
23. Subject to any other enactment, it shall be at the discretion of the Tribunal,
the Commission or the Board to admit or exclude the public or representatives of
the press from any of their proceedings.
24. (1) In relation to proceedings before the Tribunal, the Commission or the
Board –
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(a) where the public or representatives of the press are excluded, no
report or summary of the proceedings shall be published; and
(b) where the public or representatives of the press are permitted to
be present, a fair and accurate report or summary of the
proceedings may be published.
(2) Until the order, award, report or other result of the proceedings has
been published in accordance with this Act, no comments shall be published in
respect of the proceedings or any evidence adduced in the course of those
proceedings.
(3) Any person who, before any award, order or other result of any
proceedings before the Tribunal, the Commission or the Board has been published
in accordance with this Act, publishes –
(a) the terms of the order, award or report of other result; or
(b) any comment on the proceedings or any evidence adduced
thereat,
POWERS OF TRIBUNAL, COMMISSION AND BOARD
25. At any sitting of the Tribunal, the Commission or the Board, any person who
–
(a) subject to paragraph 20(2), refuses to answer any question to the best
of his ability;
(b) insults any member thereof;
(c) wilfully interrupts the proceedings or misbehaves in any other
manner; or
(d) commits any contempt of the Tribunal, the Commission or the Board,
MISCELLANEOUS
26. The Tribunal, the Commission or the Board shall be assisted in the
performance of their functions by such public officers as the Minister may
determine.
27. Proceedings before the Tribunal, the Commission or the Board shall be
exempt from stamp duty and registration dues.
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THIRD SCHEDULE
[Sections 70 and 81]
PART I
Air traffic control
Air transport services
Civil aviation and airport, including ground handling and ancillary services
Health
Hospital
Port, including cargo handling services and other related activities in the ports
including loading, unloading, shifting, storage, receipt and delivery,
transportation and distribution, as specified in section 36 of the Ports Act
PART II
Air traffic control
Air transport services
Civil aviation and airport, including ground handling and ancillary services
Customs
Electricity
Health
Hotel services
Hospital
Port, including cargo handling services and other related activities in the ports
including loading, unloading, shifting, storage, receipt and delivery, transportation
and distribution, as specified in section 36 of the Ports Act
Radio and television
Refuse disposal
Telephone
Transport of passengers and goods
Water supply
_______________
(Third Schedule repealed and replaced by the COVID-19 (Miscellaneous Provisions) Act 2020 – Act
No. 1 of 2020 w.e.f 23 March 2020)
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FOURTH SCHEDULE
(section 35)
CODE OF PRACTICE
PART I – INTRODUCTION
1. This Code is founded on the following 4 main principles –
(a) the employer and his workers have a common interest in the success
of the undertaking;
(b) good employment relations are the joint responsibility of management

and workers and the trade unions representing them;
(c) collective bargaining, carried out in a reasonable and constructive

manner between employers and strong representative trade unions, is
the best method of conducting employment relations;
(d) good human relations between employers and workers are essential to
good employment relations.
2. The standards set by this Code are not intended to be exhaustive or to

prevent, by any person or authority concerned, the introduction of, or
recommendation for, any additions or improvements.
(Paragraph 2 amended by The Employment Relations (Amendment of Schedule) Regulations 2009 -
GN No. 26 of 2009 w.e.f 2 February 2009)
PART II – BASIC EMPLOYMENT RELATIONS PRINCIPLES
HARMONIOUS EMPLOYMENT RELATIONS
3. Neither management nor trade unions can alone promote and maintain a
harmonious employment relations climate.
4. Management and trade unions shall be engaged constructively and be

committed to develop the necessary conditions conducive to harmonious
employment relations at the workplace.
5. Management and trade unions shall address employment relations and

human resources management issues in a spirit of openness, trust, honesty,
mutual respect and understanding.
6. Management and trade unions shall adopt the right mindset to address
conflict with a view to reaching a win-win situation through compromise or
consensus, wherever possible.
7. Management and trade unions shall be recognised as social partners on the

same footing.
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8. A balance of power between management and trade unions is essential for
harmonious workplace relations.
BUILDING UP SHARED VALUES
9. Management and trade unions both recognise that they have legitimate,
different and also common interests.
10. It is when they accept their differences that management and trade unions
can be in a better position to develop a more structured, practical and proactive
approach to employment relations issues, address conflicts, manage change in a
more constructive manner and build upon areas of co-operation where the interests
of labour and the organisation can converge and be eventually reconciled.
11. Management and trade unions shall build up shared values around the
improvement of the quality of working life (QWL) of the workers and the
enhancement of productivity.
12. Management, workers and trade unions shall be committed to the

improvement of productivity. Productivity improvement contributes to enhance
enterprises’ competitiveness and increase job opportunities, job security, wages and
improve quality of jobs.
13. Enhancing productivity shall not be understood as working harder, but

rather as working smarter.
14. It is management’s responsibility to provide the appropriate conditions for

productivity enhancement by –
(a) improving the working conditions and the workplace environment;
(b) recognising the creative ability of workers and their potential to
develop various skills and involving them in the decision making
process at different levels;
(c) empowering workers to enable them to participate effectively in the
decision making process;
(d) enhancing the self-image and self-esteem of workers;
(e) considering trade unions as parties to the process;
(f) rewarding workers for creativity, skill acquisition and productivity
gains;
(g) addressing concomitantly issues such as innovative work organisation
methods and practices including team work and flexible work
arrangements, flat organisation, quality circles, autonomous work
group, marketing, purchasing, design, warehousing, distribution,
administration and investment in technology.
SOCIALLY RESPONSIBLE MANAGEMENT
15. Management shall reconcile its objective of profitability with protection of

employment and job creation.
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16. Management shall be committed to the concepts of good governance, such as
transparency, accountability, responsibility, fairness and social responsibility.
17. Management shall provide a safe workplace and decent work in conditions of
freedom, equity, security and human dignity to workers.
18. Management shall provide a work environment which enables workers to

balance work with family commitments.
19. Management shall ensure that enterprise restructuring, including merger

and closure, takes place in conditions of fairness and equity.
PROACTIVE TRADE UNIONISM
20. Trade unions shall approach employment relations issues in a proactive

manner with a view to improving the conditions of employment of workers whilst
preserving jobs and supporting job creation.
21. Trade unions shall broaden their scope and place new issues, such as
occupational safety and health, performance related pay schemes, productivity,
technological and organisational innovation, flexibility, training, employability and
enterprise competitiveness, on their agenda.
22. Trade unions shall take a broader economic perspective when negotiating at
industry level.
23. Trade unions shall favour social dialogue and avoid confrontation.
24. Trade unions shall be proactive in addressing labour problems and

endeavour to pre-empt conflicts at the workplace.
25. Trade unions shall consider industrial action as a last resort.
26. Trade unions shall be engaged in the capacity building of their members for
more effective participation in discussions at the workplace and in national social
dialogue forum.
PART III – RESPONSIBILITIES MANAGEMENT
27. While good employment relations are a joint responsibility, the primary
responsibility for their promotion rests with management.
28. Management at all levels shall pay regular attention to employment relations
and managers shall, wherever possible, receive training in the employment
relations implications of their jobs.
29. Where a trade union has negotiating rights, management shall –

(a) jointly with the trade union maintain effective arrangements for
negotiation, consultation, communication, and for settling grievances
and disputes;
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(b) take all reasonable steps to ensure that managers abide by collective
agreements and use agreed procedures; and
(c) make clear to workers that it welcomes their membership of the
recognised trade union and their participation in the trade union's
activities.
30. Where a trade union represents its members on legal issues, management
shall –
(a) maintain effective arrangements for consultation, communication and
settling of individual grievances of members of the trade union, and
ensure that those arrangements fully satisfy the rights of
representation of the trade union, whether established by law or by
agreement;
(b) take all reasonable steps to ensure that managers comply with those
arrangements; and
(c) make clear to workers that it respects their rights to join a registered
trade union and to take part in its activities, which include seeking
recognition for negotiating purposes.
31. Effective organisation of work is an important factor in good employment

relations. Management shall therefore ensure that –
(a) responsibility for each group of workers is clearly defined in the
organisational structure;
(b) each manager understands his responsibilities and has the necessary
authority and training to do his job; and
(c) individual workers or work groups know their objectives and priorities
and are kept informed of progress towards achieving them.
32. Every enterprise having more than 100 workers shall set up a Human
Resources Management Department.
33. Where an enterprise has less than 100 workers, the manager or his
representative shall be appropriately trained in basic Human Resources
Management principles.
TRADE UNIONS OF WORKERS
34. The principal aim of trade unions of workers is to promote their members'
interests. They can do this only if the undertakings in which their members are
employed prosper. They therefore have an interest in co-operating in measures
taken to promote efficiency. They also share with management the responsibility for
good employment relations.
35. Trade unions of workers shall therefore –

(a) where appropriate, jointly with individual management, maintain
effective arrangements for negotiation, consultation, communication
and settling of grievances and disputes;
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(b) where appropriate, jointly with employers' organisations and others
concerned, maintain effective arrangements at industry or other levels
for settling disputes and for negotiating terms and conditions of
employment;
(c) take all reasonable steps to ensure that their officers and members
abide by collective agreements and agreed procedures; and
(d) maintain effective procedures for resolving particular issues with other
trade unions and make full use of any procedures established for
settling inter-union disputes.
36. Trade unions of workers shall ensure that their officers –

(a) understand the organisation, policies and rules of their trade union;
(b) understand their rights and obligations; and
(c) are adequately trained to look after their members’ interests in an
efficient and responsible way.
37. To ensure that their organisation is effective, trade unions of workers shall
also –
(a) employ sufficient number of full-time officers to maintain adequate
contact with management and with their members in every
establishment where these trade unions have negotiating rights, and
with any employers' organisation concerned;
(b) encourage their members to attend trade union meetings and to take
part fully in trade union activities by holding branch meetings at times
and places convenient to the majority; and
(c) maintain effective procedures for settling disputes within the trade
union.
TRADE UNION OF EMPLOYERS
38. The principal aim of a trade union of employers is to promote those interests
of their members which can best be served by co-operation at industry or other
appropriate levels.
39. A trade union of employers shall therefore –

(a) where appropriate, jointly with the trade unions of workers concerned,
maintain effective arrangements at industry or other levels for settling
disputes and for negotiating terms and conditions of employment;
(b) encourage its members to develop effective arrangements for settling
grievances and disputes at the level of the establishment or
undertaking;
(c) take all reasonable steps to ensure that its members abide by
collective agreements and agreed procedures;
(d) identify trends in employment relations to help its members to
anticipate and keep abreast of changes;
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(e) collect and analyse information about employment relations and
disseminate it among its members; and
(f) provide an advisory service to its members on all aspects of
employment relations.
THE INDIVIDUAL WORKER
40. The individual worker has obligations to his employer, to the trade union to
which he belongs and to his fellow workers. He shares responsibility for the state of
employment relations in the establishment where he works and his attitudes and
conduct can have a decisive influence on them.
41. Every worker shall –

(a) satisfy himself that he understands the terms of his contract of
employment and abide by them; and
(b) make himself familiar with any arrangements for dealing with
grievances and other questions which may arise out of his contract of
employment, and make use of them as and when the need arises.
42. Some workers have special obligations arising from membership of a

profession and are liable to incur penalties if they disregard them. These may
include obligations, for example with regard to health, safety and welfare, over and
above those which are shared by the community as a whole.
43. A professional worker who belongs to a trade union shall fulfill the
obligations which he has voluntarily undertaken on joining the trade union. He
shall not, when acting in his professional capacity, be called upon by his trade
union to take action which would conflict with the standards of work or conduct
laid down for his profession and, in particular, if that action would endanger –
(a) public health or safety;
(b) the health of an individual needing medical or other treatment; or
(c) the well-being of an individual needing care through personal social
services.
44. Professional associations, employers and trade unions shall co-operate in

preventing and resolving any conflicts which may occur between obligations arising
from membership of a profession and those which the professional worker owes to
his employer and to his trade union where he belongs to one.
PART IV – EMPLOYMENT POLICIES
GENERAL
45. Clear and comprehensive employment policies are essential to good

employment relations. Management shall initiate these policies which shall be
developed in consultation or following negotiations, as appropriate, with trade
unions of workers.
46. Employment policies shall be positive –
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(a) to avoid discrimination of any kind as to occupation, age, marital
status, sex, sexual orientation, colour, race, religion, HIV status,
national extraction, social origin, political opinion or affiliation; and
(b) to promote equal opportunity in employment.
PLANNING AND USE OF MANPOWER
47. Manpower planning such as, taking stock, calculating future requirements,
identifying the action necessary, shall be carried out in a manner appropriate to the
size and nature of the undertaking.
48. In operating its manpower policies, management shall –

(a) avoid unnecessary fluctuation in manpower;
(b) where changes become necessary, make them, as far as practicable,
with little disruption to the workers concerned;
(c) maintain arrangements for staff redeployment within the undertaking;
and
(d) record information with a view to identifying the cause of, and to
controlling, absenteeism and labour turnover.
RECRUITMENT AND SELECTION

49. In recruiting and selecting workers, management shall –
(a) decide on the qualifications and experience required for the job;
(b) consider filling vacancies by transfer or promotion within the
undertaking;
(c) obtain as much information about applicants as is relevant to
selection for the job, but avoid inquiries which are unnecessary for
that purpose;
(d) base selection on suitability for the job; and
(e) explain the main terms and conditions of employment and give any
relevant information about existing trade union arrangements before
an applicant is engaged.
TRAINING
50. Management shall ensure that new recruits are given –
(a) induction training; and
(b) training needed to supplement previous education, training and
experience.
51. Management shall ensure that young recruits are, in addition, given broader
initial instruction covering –
(a) a general introduction to their working life, including the importance
of health and safety precautions; and
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(b) basic training in related skills, where appropriate, as well as specific
training in their particular jobs.
52. Management shall –

(a) ensure that any necessary further education and training is provided
when there is a significant change in the nature or level of the job; and
(b) encourage workers to take advantage of relevant further education and
training opportunities at all stages of their careers.
PAYMENT SYSTEMS
53. Payment systems vary according to the nature and organisation of the work,
local conditions and other related factors.
54. Payment systems shall be –

(a) kept as simple as possible and be consistent with their purpose so that
workers can understand them;
(b) based, wherever applicable, on some form of work measurement under
which payment is linked to performance; and
(c) jointly negotiated where trade unions have negotiating rights.
55. Differences in remuneration shall be related to the requirements of the job,

which shall, wherever possible, be assessed in a rational and systematic way in
consultation with the trade unions concerned.
56. Payment systems shall be periodically reviewed to make sure that they suit
current circumstances and take account of any substantial changes in the
organisation of work or the requirements of the job.
STATUS AND SECURITY OF WORKERS

57. As far as is consistent with operational efficiency and success of the
undertaking, management shall –
(a) provide stable employment, including reasonable job security for
workers who are absent due to illness or other causes beyond their
control; and
(b) avoid unnecessary fluctuations in the level of earnings of workers.
58. Differences in the conditions of employment and status of different categories

of workers and in the facilities available to them shall be based on the requirements
of the job. The aim shall be to reduce progressively and remove ultimately
differences which are not so based. Management, workers and trade unions shall
co-operate in working towards this objective.
REDUCTION OF WORKFORCE
59. Management shall anticipate and manage changes and avoid crisis
management.
60. Management shall introduce training programmes to prepare workers for –
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(a) different approaches to their work as a result of technological,
organisational or economic changes;
(b) multi-skilling;
(c) adapting to the needs of the labour market, should they be forced to
leave the enterprise.
61. A policy for dealing with reductions in the work force, if they become
necessary, shall be worked out in advance as far as practicable and shall form part
of the undertaking's employment policies. As far as is consistent with operational
efficiency and the success of the undertaking, management shall, in consultation
with the trade unions concerned, seek to avoid redundancies by such means as –
(a) restrictions on recruitment;
(b) retirement of workers who are beyond the normal retiring age;
(c) reduction in overtime;
(d) shorter working hours to cover temporary fluctuations in manpower
needs; or
(e) re-training or transfer to other work.
62. Where redundancy becomes inevitable, management shall –

(a) give reasonable or prescribed notice to the workers, to the Ministry
responsible for labour and industrial relations and to the trade unions
concerned;
(b) consider introducing schemes for voluntary redundancy, retirement,
transfer to other departments within the undertaking, and a phased
rundown of employment;
(c) establish which workers are to be made redundant and the order of
discharge;
(d) offer help to workers in finding other jobs, in co-operation with the
Ministry responsible for employment; and
(e) decide how and when to make the facts public, ensuring that no
announcement is made before the Ministry, the workers and their
trade unions have been informed;
WORKING CONDITIONS
63. Management shall, in consultation and co-operation with workers and their
trade unions, aim at improving the minimum standards of working conditions
specified in any enactment.
64. Management and trade unions shall –

(a) take all reasonable steps to ensure that workers understand and
observe all health and safety precautions, whether established by law
or by agreement and, in particular, make use of appropriate protective
equipment; and
(b) maintain regular consultation on matters relating to health and safety.
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PART V - COMMUNICATION AND CONSULTATION GENERAL
65. Management and trade unions shall co-operate to ensure that effective
communication and consultation take place so as to promote efficiency,
understanding and the individual worker's sense of satisfaction and involvement in
his job.
66. Communication and consultation are particularly important in times of

change. The achievement of change is a joint concern of management and workers
and shall be carried out in a way which has regard both for the efficiency of the
undertaking and the interests of the workers. Major changes in working
arrangements shall not be made by management without prior discussions with
workers and their trade unions, if any.
67. When changes in management take place following, for example, a merger or
take-over, the new managers shall make prompt contact with the trade unions
concerned and take steps to explain any changes in policies affecting workers.
COMMUNICATION
68. The most important method of communication is through personal contact

between each manager and his immediate work group or individual workers and
between managers and workers’ representatives.
69. Personal contact shall, where appropriate, be supplemented by written
information and additionally by training and induction lectures or courses and
special meetings.
70. Management shall, as far as is reasonably possible, regularly provide workers

with information on –
(a) the performance and plans of the establishment in which they work
and, so far as they affect it, of the whole undertaking;
(b) working environment and conditions; and
(c) any changes in organisation and management affecting workers.
71. It is the duty of managers at all levels to explain clearly to those responsible
to them management policies and working instructions.
WORKER’S HANDBOOK
72. Every enterprise of 100 or more workers shall issue to every worker a
handbook, which shall be in a simple and clear language. The handbook may
include the following –
(a) the mission statement of the organisation;

(b) the goals and objectives of the organisation;
(c) the corporate culture of the organisation;
(d) the organisation’s performance and prospects;
(e) the organisational charts and its communication flow charts;
(f) the contractual terms and conditions of employment of the workers;
(g) the organisation policies and procedures;
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(h) the training policy and career development prospects; and
(i) the disciplinary, grievance and dispute procedures.
73. Management shall avoid impersonal forms of communication, especially

when dealing with important and sensitive issues.
CONSULTATION
74. Consultation means jointly examining and discussing problems of concern to
both management and workers. Consultation between management and workers or
their trade union representatives about operational and other day-to-day matters is
necessary in all establishments, whatever their size. Large establishments shall
have systematic arrangements for management and trade union representatives to
meet regularly.
75. Management shall after consultation with the trade unions concerned set up
and maintain appropriate consultative arrangements. The arrangements shall not
be used to bypass or discourage trade unions.
76. Consultation and negotiation are closely related but distinct processes.
Management and trade unions shall consider carefully how to link the two. It may
often be advantageous for the same committee to cover both. Where there are
separate bodies, systematic communication between those involved in the two
processes is essential.
PART VI –WORKERS’ PARTICIPATION

77. Workers’ participation is essential to create an environment of openness and
to manage workplace changes.
WORKERS’ PARTICIPATION IN DECISION-MAKING
78. Management shall establish mechanisms, such as a Joint Consultative

Committee, for effective consultation with workers and their trade union
representatives.
79. A Joint Consultative Committee shall be established through agreement

between employers, workers and their recognised trade unions, if any, and shall
aim at improving –
(a) quality of working life;
(b) employment relations; and
(c) productivity and efficiency.
80. Every enterprise having a labour force of 50 or more workers shall establish
a Joint Consultative Committee.
81. Any established Joint Consultative Committee shall lay down the rules and
procedures of the Committee, which shall include –
(a) the title and objectives of the Committee;
(b) the terms of reference of the Committee and subjects to be discussed;
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(c) the size and composition of the Committee;
(d) procedure for electing workers’ representatives;
(e) a provision that workers will not be penalised for their participation in
the activities of the Committee;
(f) meeting arrangements and intervals of meetings;
(g) rules of confidentiality;
(h) facilities for committee members, such as time-off facilities;
(i) arrangements for reporting back; and
(j) training facilities for Committee members.
82. Management shall nominate senior managers with authority and standing in
the Joint Consultative Committee.
83. The subjects to be discussed in the Joint Consultative Committee may
include –
(a) the overall business situation;
(b) the business prospects ;
(c) the business strategy;
(d) the improvement of labour processes, introduction of new technologies
and new systems of working;
(e) output, quality, productivity and performance enhancement
programmes;
(f) review of existing incentives and introduction of new one;
(g) workers’ financial participation schemes;
(h) training; and
(i) welfare.
WORKERS’ FINANCIAL PARTICIPATION
84. Management may set up workers’ financial schemes so as to ensure a fair

distribution of profits and productivity gains to workers.
85. Where there is a recognised trade union, the modalities of any workers’
participation scheme shall be subject to discussions and agreement between
management and the recognised trade union.
86. Workers financial participation schemes may include –
(a) cash-based gain sharing, such as sharing profit or productivity gains;
(b) deferred profit-sharing; or
(c) workers’ shared ownership.
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PART VII - COLLECTIVE BARGAINING
GENERAL
87. Collective bargaining may take place at various levels, ranging from a group
of workers within an enterprise to an industry. Negotiations for the same group of
workers may be conducted at different levels about different issues.
88. Where negotiations take place at more than one level, the matters to be
bargained about at each level shall be defined by agreement. The aim shall be to
assign to each level the matters which can be realistically settled at that level.
Whatever the level at which an agreement is reached, its terms shall be applied
effectively at the place of work.
BARGAINING UNITS
89. Collective bargaining in an enterprise is conducted in relation to defined

groups of workers which can appropriately be covered by one negotiating process.
90. A bargaining unit shall cover as wide a group of workers as practicable. Too
many small units make it difficult to ensure that related groups of workers are
treated consistently. The number of separate units can often be reduced by the
formation of a joint negotiating panel representing a number of trade unions.
91. The interests of workers covered by a bargaining unit need not be identical,
but there shall be a substantial degree of common interest. In deciding the pattern
of bargaining arrangements, the need to take into account the distinct interests of
professional or other workers who form a minority group shall be balanced against
the need to avoid unduly small bargaining units.
92. Factors which shall be taken into account in establishing a bargaining unit
include –
(a) the nature of the work;
(b) the training, experience and professional or other qualifications of the
workers concerned;
(c) the extent to which they have common interests;
(d) the general wishes of the workers concerned;
(e) the organisation and location of the work;
(f) hours of work, working arrangements and payment systems;
(g) the matters to be bargained about;
(h) the need to fit the bargaining unit into the pattern of trade union and
management organization;
(i) the need to avoid disruption of adequate existing collective bargaining
arrangements which are working well; and
(j) whether separate bargaining arrangements are needed for particular
categories of workers, such as supervisors or workers who represent
management in negotiations.
93. (1) Where proposals are made for establishing or varying a bargaining unit,
the first aim of management and trade unions shall be to reach agreement.
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(2) Where there is no agreement, parties shall, jointly or separately,
consider referring the matter to –
(a) an employers' organisation;
(b) a higher level within the trade union; or
(c) the Commission for examination and advice.
RECOGNITION – GENERAL CONSIDERATION
94. The interests of workers are best served by strong and effective trade unions.
95. The competition among separate trade unions for the right to negotiate for
the same category of workers leads to friction and weakens the trade unions.
96. Recognition agreements applying to an industry and made between

federations or groups of trade unions and employers shall be concluded whenever
appropriate.
CLAIMS FOR RECOGNITION
97. A claim for recognition by a trade union shall not be entertained insofar as
that claim is based on discrimination of any kind including discrimination as to
occupation, age, marital status, sex, sexual orientation, colour, race, religion, HIV
status, national extraction, social origin, political opinion or affiliation.
98. Claims by trade unions for recognition for negotiating purposes shall, as far
as possible, be settled voluntarily between the parties.
99. In the case of any claim, management is entitled to know the number, but
not the identities of the workers in the proposed bargaining unit who are members
of the union making the claim.
100. In general, it is in the interest of workers and of the industry that any given
category of workers in an undertaking shall be represented by a single trade union.
101. The fact that conflicting claims are made by trade unions to represent a given
category of workers is not in itself a justification for the employer to refuse
negotiating rights to a trade union.
102. Where 2 or more trade unions seek recognition in respect of the same
category of workers in an industry, those unions shall examine the possibilities of
an amalgamation, or of the formation of a joint negotiating panel, or of some other
appropriate variation in the trade union structure in the industry in question.
103. The responsibility to avoid disputes on recognition matters between trade

unions rests principally with the trade unions themselves. Employers shall
endeavour to observe a position of neutrality where rival claims are concerned, and
a position of neutrality must include the honouring of all existing collective
bargaining commitments.
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104. The responsibility of a trade union for the failure of an existing joint
negotiating panel, or for the failure of a proposed panel to gain acceptance, shall
weigh heavily against any claim by that trade union for individual recognition.
105. Where there is any uncertainty as to the prospect of a joint negotiating panel
acting as a single entity and behaving responsibly towards the employer, the
formation of that panel may be recommended or agreed upon for a trial period, or
for more than one trial period.
AFTER RECOGNITION
106. Management and recognised trade unions shall facilitate and encourage
personal contact and discussions between managers and officers of the trade
unions at all appropriate levels.
COLLECTIVE AGREEMENTS
107. Collective agreements deal with matters of procedures and matters of

substance which are of joint concern to management and workers. A single
agreement may contain provisions of both kinds or they may be dealt with in
separate agreements. In either case, the agreement shall be in writing and shall
contain provisions for checking that procedural provisions have not become out of
date.
108. Collective agreements shall contain substantive provisions relating to terms

and conditions of employment and shall indicate the duration for which they are to
apply. Collective agreements shall inter-alia, cover –
(a) wages or salaries as appropriate, overtime rates, bonuses, piecework
rates and other systems relating earnings to performance;
(b) hours of work, and, where appropriate, provisions for hours of
overtime and shift work; and
(c) leave entitlement and pay.
109. Collective agreements may also cover such matters as –

(a) techniques for determining levels of performance and job grading, such
as work measurement and job evaluation;
(b) procedures for handling redundancy and temporary lay-offs; and
(c) the deduction by management of trade union dues from the pay of
members.
110. It is advantageous for collective agreement to be made at industry level to

cover as many aspects as possible relating to –
(a) terms and conditions of employment suitable for general application;
(b) general guidelines for negotiating at a lower level matters which cannot
be decided satisfactorily at industry level; and
(c) a procedure for settling disputes, either for the industry as a whole or
as a model for individual undertakings to adopt by agreement.
111
111. To maintain fair and stable pay structures, an agreement reached at the level
of the enterprise shall define –
(a) how and within what limits any negotiations at a lower level shall be
conducted; and
(b) how it relates to any relevant industry-wide agreement.
BARGAINING IN GOOD FAITH
112. Where a trade union or a group of trade unions has been recognised as a
bargaining agent, the trade union or the group of trade unions and the employer
shall bargain in good faith.
113. Bargaining in good faith requires the trade union or the group of trade
unions and the employer to –
(a) meet and discuss meaningfully –
(i) a collective agreement or any variation of a collective agreement,
including matters relating to the initiation of the bargaining or
for the renewal of a collective agreement;
(ii) any matter arising out of or in relation to a collective agreement
while the agreement is in force; and
(iii) any proposal by an employer that may affect the workers’ terms
and conditions of employment, including a proposal to contract
out work otherwise done by the workers or to sell or transfer all
or part of the employer’s business;
(b) do their best to enter into a procedure agreement as soon as possible;
(c) do their best to find mutually acceptable solutions and to enter into an
agreement, as soon as possible;
(d) recognise the role and the authority of any person chosen by each
party to be its representative or advocate;
(e) negotiate in a reasonable, fair and honest manner;
(f) refrain from doing any act that is likely to undermine the bargaining
process or the authority of the other party;
(g) provide the other party information that is reasonably necessary to
support or substantiate their respective position;
(h) respond and give consideration to proposals made by the other party;
(i) consider the proposals of the other party within a reasonable period
and, where the proposal is not accepted, offer an explanation for the
non-acceptance;
(j) identify the barriers to agreement and give further consideration to
their respective position in the light of any alternative options put
forward;
(k) conclude a collective agreement, unless there is a valid reason not to
do so; and
(l) sign the collective agreement.
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114. Bargaining in good faith does not require a trade union or a group of trade
unions and an employer bargaining for a collective agreement to –
(a) agree on all matters to be included in a collective agreement; and
(b) enter into a collective agreement.
115. Notwithstanding paragraph 114, bargaining in good faith implies that the
parties shall continue to bargain on other issues even if they have come to a dead-
lock on any issue and to conclude an agreement, unless there is a reasonable
ground not to do so.
116. Bargaining in good faith does not prevent the parties from expressing their
respective opinions.
117. Collective bargaining shall be deemed to be in bad faith where a trade union
or an employer without entering into discussion –
(a) rejects a claim without any valid reason or explanation;
(b) uses delaying tactics;
(c) adopts a take-it or leave-it attitude; or
(d) threatens and uses intimidating language with a view to endangering
the harmonious industrial relations at the workplace.
118. Where a party has reasonable grounds to believe that there has been a
breach of good faith during the negotiations, the party shall, wherever practicable,
raise the matter at an early stage to enable the other party to remedy the situation.
PART VIII – WORKER REPRESENTATION AT THE PLACE OF WORK
119. Workers need work-place representatives to put forward their collective views
to management and to safeguard their interests. It is also easier for management to
deal with representatives who can speak for their fellow workers.
120. A workplace representative represents the members of his trade union at the
place of work, but the trade union of which he is an officer is responsible for his
actions. Accordingly, trade unions shall clearly define the powers and duties of
workplace representatives, and the circumstances and manner in which they can
be removed from office.
121. Trade unions and management shall seek agreement on –

(a) the number of workplace representatives needed in the workplace; and
(b) the work groups for which each representative is responsible.
122. Management shall make available facilities to the trade unions to conduct
elections at the workplace.
123. Trade unions shall notify management promptly in writing when officials are
appointed and when changes are made.
124. Trade unions shall –
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(a) give each workplace representative written credentials setting out his
powers and duties within the trade union, the work group he
represents and his term of office; and
(b) seek agreement with management on the issue of joint written
credentials setting out the relevant rights and obligations of such
representatives.
125. Where more than one trade union is recognised but each trade union has
only a small number of members, the trade unions shall seek to agree on the
election of a common representative to represent all their members at the
workplace.
126. Where there are a number of representatives of different trade unions which
negotiate jointly, the trade unions shall seek to agree on the election of a common
representative to co-ordinate their activities at the workplace.
127. In each of these cases, trade unions shall seek agreement with management
on the co-ordinating functions of the representative concerned.
128. Management shall make available facilities appropriate to the circumstances,

such as –
(a) lists of new workers;
(b) accommodation for meetings with, the workers whom they represent,
other representatives and officers;
(c) access to a telephone and the provision of notice boards; and
(d) the use of office facilities where the volume of the representative's work
justifies it.
129. Each trade union shall ensure that its representatives are adequately
informed about its policies, organisation and agreements to which it is a party.
Management shall ensure that the representatives are adequately informed about
its objectives and employment policies.
PART IX – GRIEVANCE AND DISPUTE PROCEDURES
GENERAL
130. All workers have a right to seek redress for grievances relating to their
employment. Each worker must be told how he can do so.
131. Management shall establish, with the trade unions of workers concerned,
arrangements under which individual workers can raise grievances and have them
settled fairly and promptly. There shall be a formal procedure, except in very small
enterprises where there is close personal contact between the employer and his
workers.
132. Where trade unions are recognised, management shall establish with them a
procedure for settling collective disputes.
133. Individual grievances and collective disputes are often dealt with through the
same procedure. Where there are separate procedures, they shall be linked so that
114
an issue can, if necessary, pass from one to the other, since a grievance may
develop into a dispute.
INDIVIDUAL GRIEVANCE PROCEDURE
134. The aim of the procedure shall be to settle the grievance fairly and as near as
possible to the point of origin. It shall be simple and rapid in operation.
135. The procedure shall be in writing and provide that –
(a) the grievance shall normally be discussed first between the worker and
his immediate superior;
(b) the worker shall be accompanied at the next stage of discussion with
management by his work-place representative if he so wishes;
(c) there shall be a right of appeal.
COLLECTIVE DISPUTE PROCEDURES
136. Disputes are broadly of 2 kinds -

(a) disputes of rights (i.e. as to legal rights), which relate to application of
existing collective agreements or contracts of employment; and
(b) disputes of interests (i.e. economic disputes), which relate to claims by
workers or proposals by management about terms and conditions of
employment.
137. A procedure for settling collective disputes shall be in writing and shall –
(a) state the level at which an issue shall first be raised;
(b) lay down time limits for each stage of the procedure, with provision for
extension by agreement; and
(c) preclude a strike, lock-out, or other form of industrial action until all
stages of the procedure have been completed and a failure to agree
formally recorded.
138. The procedure shall have the following stages –

(a) workplace representatives shall raise the issue in dispute with
management at the level directly concerned;
(b) failing settlement, it shall be referred to a higher level within the
establishment; and
(c) if still unsettled, it shall be referred to further agreed stages, for
example, to a stage of an industry-wide procedure, or to a higher level
within the establishment.
139. The procedure shall include agreement to make use of the conciliation
service provided by the Commission, and of the arbitration service provided by the
Tribunal, and to take claims to the Court, as appropriate, before considering resort
to any industrial action.
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PART X- DISCIPLINARY PROCEDURES
140. Management shall ensure that fair and effective arrangements exist for
dealing with disciplinary matters. These shall be agreed upon with the trade unions
concerned and shall provide for full and speedy consideration by management of all
the relevant facts. There shall be a formal procedure, except in very small
establishments where there is close personal contact between the employer and his
workers.
141. Management shall make known to every worker –

(a) disciplinary rules and the agreed procedures; and
(b) the type of circumstances which can lead to suspension or dismissal.
142. Disciplinary rules shall not be perceived as a means of imposing sanctions or

a dismissal procedure but rather aiming at encouraging workers to conform to
acceptable and reasonable standards at the workplace.
143. Management shall apply progressive discipline on the understanding that

discipline shall be corrective rather than coercive.
144. In defining the rules and procedures, management shall consult and seek
the agreement of the workers’ representatives or the recognised trade unions, where
workers are unionised.
145. The rules shall be set out clearly and concisely in writing and shall be
communicated to all workers.
146. The rules shall make a distinction between minor and serious cases of
misconduct.
147. When a disciplinary matter arises, the relevant supervisor or manager shall
first establish the facts and, where appropriate, obtain statements from the
witnesses before deciding to drop the matter, arrange for informal counselling or
initiate formal disciplinary proceedings.
148. Minor cases of misconduct and cases of sub-standard performance shall be

dealt with by informal advice and counselling with the objective to help the workers
to improve.
149. Formal hearing shall be held in cases of alleged misconduct.
150. Where a formal hearing is held, the person presiding over the hearing shall
be a person who is able to make an independent decision and shall not have been
involved in the investigation of the case.
151. The person presiding over the hearing shall consider among other factors
whether –
(a) the worker broke a rule of conduct;
(b) the rule was valid or reasonable;
(c) the worker knew the rule or shall have known about the rule; and
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(d) the employer had been consistent in applying the rule.
152. In any case, incidents related to gross misconduct shall be subject to

investigation and or disciplinary proceedings before a decision is taken.
153. Gross misconduct may include theft, fraud and deliberate falsification of
records, physical violence, serious bullying and harassment, deliberate damage to
property, serious insubordination, misuse of the enterprise’s property or name,
bringing the employer into serious disrepute, serious incapacity due to alcohol or
illegal drug abuse, serious negligence which may cause unacceptable loss, damage,
or injury; serious infringement of health and safety rules, serious breach of
confidence.
154. The disciplinary procedures shall, without distinction or discrimination of
any kind as to occupation, age, marital status, sex, sexual orientation, colour, race,
religion, HIV status, national extraction, social origin, political opinion or affiliation
–
(a) specify the level of management which has the authority to take
disciplinary actions;
(b) provide for the worker to be informed of the charges levelled against
him;
(c) give the worker an opportunity to state his case;
(d) give the worker the right to be accompanied in a hearing by his trade
union representative or an officer of the Ministry responsible for labour
relations or his legal adviser;
(e) provide for proceedings, witness statements and records to be kept
confidential;
(f) provide for the matters to be dealt with without undue delay;
(g) indicate the disciplinary actions which may be taken;
(h) ensure that disciplinary actions are not taken until the case has been
fully investigated into;
(i) ensure that workers are given an explanation for any sanction taken;
(j) provide procedures for right of appeal and for the appeal to be heard
by a senior manager not involved in the initial disciplinary
proceedings;
(k) set a time limit not exceeding one fortnight for appeal to be lodged;
(l) provide for independent arbitration where the parties so wish.
155. Where an appeal is given, the worker shall be informed of the results of the
appeal in writing and if the decision constitutes the final stage of the appeal
procedure, the worker shall be informed accordingly.
156. Where the worker objects, on reasonable grounds, to the disciplinary

proceedings being presided over by the person designated to do so, it may be
appropriate to bring another person to chair the meeting.
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157. Management may have recourse to an oral warning in case of minor
infringement, where the worker fails to meet the required standards in spite of
counselling. Where the worker receives a warning, he shall be informed of the
reason for it and of his right of appeal. The warning shall be disregarded after three
months if the worker improves his conduct or his performance.
158. Management may have recourse to a written warning for more serious
infringement. The worker shall be informed of the reason for the warning and
notified that a final warning would be given if there is no improvement after 6
months. He shall be informed of his right of appeal. The warning shall be
disregarded after 6 months if the worker improves his conduct or performance.
159. Management may have recourse to a final written warning where there has
been no improvement despite previous warnings or where the infringement is
sufficiently serious that management has no alternative than to issue a final
warning. The worker shall be informed of the reason for the warning and of his
right of appeal and of the possibility that failure on his part to improve his conduct
or performance may lead to his dismissal. The warning shall be disregarded after
12 months if the worker has improved his conduct or his performance.
160. Any suspension without pay shall be limited to a period of not more than 4
days.
161. As a last resort, management may consider dismissal where the worker still
fails to improve his conduct or performance or where there is a case of gross
misconduct.
162. No disciplinary action shall be contemplated against an officer until the case
is discussed with a senior officer.
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FIFTH SCHEDULE
[Section 36(2)]
APPLICATION FOR RECOGNITION
Union(s) making the application
Name of union(s) ………………………………………………………………………………...
Name of contact person ………………………………………………………………….…….
Address for correspondence …………………………………………………………………..
Registration no.(s) ……………………………………………………………………………....
Telephone no. …………………………………………………………………………………….
Fax no. ………………………………………………………………………………..……………
Email address …………………………………………………………………………….………
Employer to whom application is made
Name of employer/company* ………………………………………………………………....
Name of contact person …………………………………………………………………..…….
Address for correspondence ………………………………………………………….………..
Telephone no. ……………………………………………………………………………….…….
Fax no. ………………………………………………………………………………………………
Email address …………………………………………………………………..…………………
Tick the appropriate box
Application for recognition as –
Bargaining agent
Joint Negotiating Panel
Sole bargaining agent
Percentage of representativeness in the bargaining unit –
Less than 20
Not less than 20 nor more than 50
More than 50
Enclose supporting documents
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Certificate of registration
Copy of agreement between or among trade unions
(where applicable)
………………………………………..………… ………………………………………
Name in full Position
………………………………………………..… …………………………………….
Signature Date
*Delete as appropriate
_______________
(New Schedule inserted to the Principal Act by The Employment Relations (Amendment) Act 2019 –
120
SIXTH SCHEDULE
[Section 36(3)]
CERTIFICATE OF RECOGNITION
This is to certify that ……………………………………….……. (name of trade union)

has been granted recognition as ……………………………………………….…
(bargaining agent/joint negotiating panel/sole bargaining agent*) in respect of the
bargaining unit composed of the following categories/ grades* of employees.
List of category/grade*
…………………………………………………………………………………………………………...
……………………………………………………………………………………………………………
……..………………………………………………………………………………………..……..…..
……………………………………………………………………………………………..………..…..
………………………………………..……… ……………………………………
Name of employer/Company Seal of employer/Company

(where applicable)
………………………………………………… …………………………………………
Name in full Position
………………………………….……… ……..………………………..………..
Signature Date
*Delete as appropriate
_______________
121
SEVENTH SCHEDULE
[Sections 51 and 108]
PROCEDURE AGREEMENT
Preamble
The spirit and intention of this Agreement is to further consolidate relations

between employers and workers represented by the recognised union or unions and
to provide methods and procedures to resolve labour disputes by collective
bargaining or joint consultation in relation to matters within the scope of this
Agreement.
Article 1 – Recognition and scope
The employer shall negotiate with the recognised union as the bargaining
agent representing the interests of the categories of workers mentioned in the
bargaining unit for the purpose of collective bargaining with regard to –
(a) wages, hours of work and other conditions of employment;
(b) equal opportunity;
(c) job classification and job content;
(d) safety and health;
(e) promotion;
(f) welfare of staff;
(g) facilities for trade union office bearers in relation to trade union
activities;
(h) access to workplace;
(i) access to information;
(j) establishment of a minimum service as provided under section 81 of

the Employment Relations Act;
(k) any such other matter as may be agreed upon by parties to this
Agreement.
Article 2 – Powers of employer (extent and limitations)
(1) The union recognises the prerogatives of the employer to conduct its
business and manage its operations, including –
(a) planning, directing and controlling of the operations of the

business including methods, standards and manner of working;
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(b) hiring, controlling and directing the workforce and determining
the number of workers required;
(c) controlling and regulating the use of all equipment and other
properties of the employer and determining technological
improvements required;
(d) determining the time, methods, manner of working and type of

work to be done;
(e) modifying, extending, curtailing or ceasing operations and

determining the number of workers required;
(f) selecting, appointing, transferring, promoting and laying off

workers;
(g) disciplining and terminating the employment of workers for good

cause;
(h) making such rules and regulations as the employer may

consider necessary and advisable for the orderly, efficient and
safe conduct of the business;
(i) deciding all other matters connected with its business.
(2) The union may, where the employer makes an abuse of his
prerogatives, contest any of the decisions made in connection therewith.
(3) (a) The employer and the union shall endeavour to ensure that the
rights of the other party as specified in the labour legislation, this Agreement or any
Collective Agreement are respected.
(b) The parties agree that the rights of the employer, union and the
workers include democratic and other rights as protected by the Constitution and
laws of Mauritius, and the International Labour Organisation (ILO) conventions,
where applicable.
(4) (a) The employer will ensure that there are relevant consultation
with the recognised union in any matter concerning reduction in workforce,
substantive changes to contractual terms and conditions of employment, transfer of
ownership or contemplated cessation of business.
(b) The employer undertakes to comply with the laws of Mauritius

and retains the right to operate his business without any interference.
(5) The employer shall, in his administrative and human resource policies
–
123
(a) cater for the general welfare of workers, in particular insofar as
mess room, working tools and equipment, transport facilities,
health and safety at work and communication are concerned;
(b) maintain regular, formal and informal consultations with the

recognised unions concerning terms and conditions of
employment,
with a view to promoting good industrial relations.
(6) (a) The employer agrees that, before bringing any substantial
change to the terms and conditions of employment, he will consult the workers to
explain the nature and reasons of such changes.
(b) The workers are free to make representations, as appropriate,

through their union’s or workplace representatives.
Article 3 – Union security and functions
(1) (a) The employer agrees not to discriminate against, victimise or

otherwise prejudice any worker because of his union membership or union activity.
(b) The representatives of the union shall be free to express their

views in good faith and in so doing the relations between the employer and the
union or its representatives shall, in no manner, be adversely affected.
(2) The employer and the union agree that no worker shall be intimidated,
coerced or threatened in any manner in the course of his employment.
(3) The employer and the union agree that the workers shall not engage in
any union activities whilst on the employer’s premises during working hours,
except –
(a) with the express permission of the employer; or
(b) where such activities are conducted by the workers in their

mess room during their meal time.
(4) (a) The employer agrees to afford reasonable facilities, as far as

practicable, to the union to carry out its legitimate functions provided it does not
disrupt the smooth functioning of the employer’s activities.
(b) The facilities referred to in subparagraph (a) shall include access

to sites of work and time off facilities.
Article 4 – Time off facilities
(1) The employer agrees to grant to the accredited representatives of the

recognised union reasonable time-off without loss of pay for the purpose of
performing their trade union functions and activities, subject to the exigencies of
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their employment and in a manner which does not impair the smooth operation of
the workplace.
(2) When deciding on the extent, duration and conditions of paid time off,
the employer may take into consideration –
(a) the size of the trade union to which the accredited

representatives belong and the type and volume of activities
carried out by the trade union;
(b) the additional responsibilities of the accredited representatives

of trade union at the level of a federation or a confederation.
(3) Subject to paragraph (2), an application for time off shall be made to
the employer by the accredited representatives within a reasonable time and
approval by the employer shall not be unreasonably withheld.
(4) The employer agrees to grant time off facilities to the accredited
representatives of the union as follows –
……………………………………………………………………………….…………………………
……………………………………………………………………………………………………..…..
……………………………………………………………………………………………..…………..
Article 5 – Check off
(1) The employer shall implement a check off system for deduction of the
unions’ fees from the salaries of its members where written authority is received
from individual workers.
(2) A worker may withdraw this authority by notifying the employer in

writing, with a copy of any written withdrawal being sent to the union.
(3) The deductions shall be stopped 2 months after the date the union has
been notified.
(4) Any written authority received from the individual worker before the
coming into force of the present Agreement shall continue to be valid.
Article 6 – Communication
Communication from union
The recognised union shall notify the employer, in writing, of the names of its
workplace representatives, officers of its executive committee, negotiators, legal
representatives, if any, and accredited representatives and update these
information accordingly.
125
Communication from employer
(1) The employer agrees, as far as is reasonable, to send a copy of circular

letters addressed to members of the staff concerning matters covered by this
Agreement and any Collective Agreement.
(2) The employer also agrees to send to the recognised union a copy of
letters exchanged with individual workers who are members of the Union subject to
the written consent of the individual worker.
Article 7 – Collective bargaining
(1) The employer and the union both agree to conduct collective
bargaining and, for this purpose, to set up a Staff Negotiating Committee (SNC) to
discuss any matter concerning work related issues and other issues contained in
this Agreement.
(2) (a) The SNC shall be composed of such number of representatives

of the employer and of the recognised union, as may be agreed by both parties.
(b) The employer shall be represented by members of his

management and the union by its accredited officers.
(3) Every party shall have the right to be assisted by its negotiators and
counsels.
(4) The SNC shall meet once every 2 months or as often as may be
required.
(5) The SNC shall meet under the chairpersonship of the General Manager
or his accredited representative.
(6) The SNC shall consider any grievance and dispute, whether individual
or collective and whether of right or interest, issues related to collective bargaining,
enforcement of Agreements and enactments.
(7) Either party may request a meeting of the SNC by giving written notice
to the other party, stating the reasons thereof and specifying the issues to be
discussed at the meeting.
(8) The parties shall, within 2 weeks of receipt of the notice, mutually
agree on the date and time of the meeting.
(9) The meetings of the SNC shall be held on the employer’s premises and
the employer shall provide suitable accommodation for that purpose.
(10) Draft minutes of proceedings shall be prepared by the employer and

submitted to the union representatives at least one week prior to the next meeting,
for approval at the subsequent meeting.
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(11) Any Agreement reached at the level of the SNC shall be binding and
shall be implemented without undue delay on such date as agreed between the
parties, and in any way not beyond one month of the date of the Agreement.
Article 8 – Procedure in case of individual grievance
Stage 1 – Immediate superior
A worker who has a grievance shall, with or without the assistance of his
union, raise the matter, in the first instance, with his immediate superior who shall
do his utmost to resolve the grievance within a mutually agreed period of time.
Stage 2 – Management
Where no settlement is reached at the level of the immediate superior, the

worker shall, with or without the assistance of the union, raise the matter with the
line manager/supervising officer or the Human Resource Manager.
Stage 3 – Apprehended dispute
Where the worker is not satisfied with the decision of the Human Resource
Manager, the worker may, through his union, refer the dispute to the SNC.
Article 9 – Procedure for settling of disputes
Where a dispute is not resolved at the level of the SNC, the employer and the
union, acting jointly, may –
(a) in a case of a dispute of right, refer the dispute to the Ministry of

Labour, Industrial Relations, Employment and Training;
(b) in a case of a dispute of interest, refer the dispute to the Employment

Relations Tribunal or to an arbitrator appointed by them; or
(c) report the dispute to the President of the Commission for Conciliation
and Mediation under the Employment Relations Act.
Article 10 – Collective disputes during the duration of collective agreement
(1) A collective dispute (dispute of interest), on terms and conditions of

employment, which arises during the duration of a Collective Agreement, shall not
be subject to negotiation, unless both parties agree to re-open negotiations.
(2) A collective dispute which arises during the duration of a Collective

Agreement, shall, in the case of a substantial change, be subject to negotiation.
Article 11 – Minimum service
127
The employer and the recognised trade union agree that, pursuant to
section 81 of the Employment Relations Act, a minimum service shall be
maintained during a strike or lockout as set out hereunder –
Number of workers Occupation Department
……………….…………. ……………………………. ………………………..
…………………….……. ……………………………. ………………………..
……………………….…. ………….………………… .……………………….
Article 12 – Disciplinary procedure
General principles
(1) The employer and the union recognise that it is the duty of either party
to prevent any undisciplined behaviour from disturbing the smooth running of the
employer’s activities.
(2) The employer shall, as appropriate, inform his workers about

standards regarding work, conduct, obligations, responsibilities and their legal
rights.
Unsatisfactory performance at work
(1) Every supervising officer shall be responsible to give guidance to

workers for their performance at work.
(2) Where the work of a worker is reported to be unsatisfactory, the

supervising officer shall inform the worker of his weaknesses and the expected
standards of work required of him.
(3) The employer shall assess the worker on his workmanship and the
assessment shall be recorded.
(4) Where the worker cannot fulfill his obligations within the terms of his
contract of employment, the employer may reprimand the worker in the first
instance before initiating disciplinary actions in accordance with the Workers’
Rights Act 2019.
(5) The worker may initially be sanctioned by way of a verbal warning

followed by a documented verbal warning and a written warning.
(6) Where no improvement is noted after a period of 6 months, the

employer may, following disciplinary proceedings against the worker, take such
disciplinary action which may be commensurate with the degree of gravity of the
case.
(7) Any sanction imposed under paragraphs (4) and (5) shall lapse after a
period of one year where there has been no recurrence.
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Minor misconduct
(1) No worker shall be dismissed for reasons related to minor misconduct.
(2) Where a worker is charged with a minor misconduct –
(a) he may be interviewed by his responsible officer;
(b) the responsible officer may require the worker to give written
explanations where his oral explanations are not satisfactory;
(c) he may be warned in the presence of his union representative
and the warning may be recorded as a verbal warning;
(d) he may receive a written warning where he fails to improve his

conduct following the verbal warning;
(e) he may be issued a severe written warning in case of recurrence

of similar conduct within a period of 3 months;
(f) the employer may initiate such disciplinary action as he

considers appropriate against the worker where the worker still
fails to improve his conduct or performance, as the case may be,
within a period of 6 months.
Serious acts of misconduct
(1) Serious acts of misconduct include refusal to obey orders, any

physical aggression, theft, fraud, act of bullying and harassment, deliberate
damage to property and belongings and serious criminal offences.
(2) An employer shall follow the following procedures when he becomes

aware of a case of serious misconduct –
(a) the immediate superior of the worker shall carry out a

preliminary investigation and submit his report to the relevant
Head of Department;
(b) the worker shall be notified of the charges levelled against him
and he shall be afforded an opportunity to give his explanations.
(c) after the worker has submitted his explanations, the employer
shall decide whether to administer any sanction or otherwise
and inform the worker accordingly.
Article 13 – Temporary suspension
(1) A worker suspected of any act of serious misconduct may be forthwith

suspended, pending investigation, as a precautionary measure.
129
(2) A worker shall be entitled to his basic wage during the period of
suspension.
(3) The worker shall be reinstated without prejudice and without loss of
pay or other privileges if the alleged act of misconduct is not proved.
Article 14 – Disciplinary committee
(1) Any disciplinary committee set up to provide an opportunity to a

worker charged with an act of misconduct to give his explanations shall, in its
proceedings, be guided by the principles of natural justice.
(2) Where the employer considers that the worker may have to answer a
charge of misconduct which may lead to his summary dismissal, the employer shall
appoint a disciplinary committee, consisting of at least one independent person, to
hear the worker and make its recommendations.
(3) The worker or the union may contest any person forming part of the
disciplinary committee and shall submit his or its objections together with the
grounds for such objections to the employer not later than 24 hours after having
been informed of the name of the persons appointed to hear the matter.
(4) Where a witness is called to testify before a disciplinary committee, the

worker or his representative shall be given the opportunity to put questions to the
witness.
(5) As far as practicable, no documentary evidence shall be used against a

worker unless the worker has been provided with a copy of the document or has
been given prior access to it.
(6) The onus to prove the charge rests on the employer while the worker
shall be given the opportunity to rebut the charges as he deems appropriate.
(7) The disciplinary committee shall, at the end of the proceedings, submit
a written report to the employer stating its findings.
(8) The employer may, in making its decision following the disciplinary
committee, consider the past records of the worker. The employer shall envisage
termination as a last resort only.
Article 15 – Appeal
(1) A worker against whom any disciplinary sanction is taken may appeal
to the Management or any person so appointed by the employer to review any
sanction administered to him.
(2) Where there is a possibility of appeal, the appeal shall be submitted in

writing within one month of the date the worker becomes aware of the decision of
his employer.
130
(3) An Appeal Board consisting of 3 persons who have not been involved
in the disciplinary proceedings may be appointed by the Management to hear the
appeal.
(4) The Appeal Board shall hear the worker not later than 2 weeks after
the date of the appeal and submit its report not later than one week after the date
of the hearing.
Article 16 – Dismissal
Any dismissal shall be effected in compliance with the relevant provisions of

the law.
Article 17 – Criminal matters
(1) Where a worker is charged with an alleged misconduct which is the

subject matter of criminal proceedings, the worker may be suspended from work
with pay until such time as the Court of first instance delivers its judgment.
(2) Where the worker is found not guilty, he may be reinstated by the
employer.
(3) Where a worker is suspended pending criminal proceedings, he shall

inform his employer of the judgment delivered by the Court of first instance not
later than 7 working days after the date of judgment. The worker shall also provide
a copy of the judgment to the employer.
(4) Where the misconduct, subject matter of criminal proceedings, has

been committed to the prejudice of the employer, the employer may conduct an
enquiry into the matter and take such action as he may deem fit.
Article 18 – Union’s right to be informed
(1) The employer may, subject to the consent of the worker concerned and
where practicable, provide the union with a copy of the following documents
concerning its members –
(a) any written warning;
(b) any letter of suspension;
(c) any written notification of gross misconduct;
(d) any letter of dismissal;
(e) any internal circular relating to conditions of employment;
(f) minutes of proceedings of meetings between the union and the

employer;
131
(g) any documented verbal warnings where such warnings are
recorded in the worker’s personal file;
(h) any vacancy circular; and
(i) any information related to appointments and promotions

effected.
(2) The employer agrees to inform the union of any business projects
likely to affect the conditions of employment of its members.
Article 19 – Appointment and promotion General Considerations
General Considerations
(1) The employer shall seek guidance from the Code of Practice found in
the Fourth Schedule to the Employment Relations Act regarding principles and
procedures relating to employment policies.
(2) The employment policies shall include policies prohibiting

discrimination on the grounds specified in the employment legislation and the
Equal Opportunities Act.
Article 20 – Effect of procedure agreement
(1) This Agreement shall apply to an employer and a trade union as from
the date the trade union is granted recognition by the employer.
(2) This Agreement shall constitute the basis for the conduct of collective
bargaining with a view to reaching a Collective Agreement.
_______________
132

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Employment Relations Act 2008

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A CONSOLIDATED VERSION OF THE EMPLOYMENT RELATIONS ACT 2008 –

(as at 2 August 2023)

THE EMPLOYMENT RELATIONS ACT 2008 – Act No. 32 of 2008

PART II – REGISTRATION OF TRADE UNIONS

4. Application for registration

PART III – CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS

9. Trade union to be body corporate

Sub-Part B - Property and Funds

21. Application of funds

Sub-Part C - Accounts and Returns

23. Keeping of records

PART IV - PROTECTION OF FUNDAMENTAL RIGHTS

Sub-Part A - Basic Workers' Rights to Freedom of Association

29. Right of workers to freedom of association

Sub-Part AA – Workers’ Rights to be Represented at Workplace

31A. Right of workers to be represented at workplace

Sub-Part B - Basic Employers' Rights to Freedom of Association

Sub-Part C - Prohibition of Closed Shop

34. Closed shop agreement to be void

PART V - COLLECTIVE BARGAINING

Sub-Part A - Code of Practice

35. Promotion of good employment relations

Sub-Part B - Negotiating Rights

36. Application for recognition

39. Revocation or variation of recognition of trade union of workers

Sub-Part C - Check-off agreements and agency shop orders

43. Check-off agreements

Sub-Part D - Bargaining Process

51. Procedure agreements

55. Duration of collective agreement

62A. Review of wages and conditions of employment by Salary Commissioner

PART VI - LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES

Sub-Part A – Labour Disputes

63. Voluntary arbitration

Sub-Part B - Conciliation, Mediation and Arbitration

68. Conciliation service by Supervising Officer

Sub-Part C – Award of Tribunal

72. Award and its effects

PART VII – STRIKES AND LOCK-OUTS

76. Right to strike and recourse to lock-out

PART VIII - EMPLOYMENT RELATIONS INSTITUTIONS

Sub-Part A - Employment Relations Tribunal

85. Establishment of Employment Relations Tribunal

Sub-Part B - Commission for Conciliation and Mediation

87. Establishment of Commission

Sub-Part C - National Remuneration Board

90. Establishment and functions of National Remuneration Board

97. Principles to be applied by Tribunal, Commission and Board

Sub-Part E – Intervention by Attorney-General

Sub-Part F – National Tripartite Council

98A. Establishment of Council

PART IX – APPLICATION OF ACT TO RODRIGUES

99. Establishment of Rodrigues Commission for Conciliation and Mediation

PART X – OFFENCES AND PENALTIES

100. Prevention of intimidation

ENACTED by the Parliament of Mauritius, as follows –

This Act may be cited as the Employment Relations Act 2008.

In this Act, unless the context otherwise requires -

"accounting date", in relation to a registered trade union, means the closing

"accounting period" means the period specified in section 24(2);

"agency shop order" means an order made under section 47;

“auditor” means any person appointed as such at a general assembly of a

“award” means an award made by the Tribunal;