Employment law in Mauritius and Cyclones

What does the law say about working during cyclone in Mauritius?

3/12/20241 min read

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A worker's rights during a cyclone in the Republic of Mauritius

According to the Workers' Rights Act 2019, the law provides for the payment of remuneration to a worker in special circumstances which includes period of cyclones.

Definition of a worker

A worker is described as a person who has entered into an agreement or contract of apprenticeship, other than a contract of apprenticeship regulated under the Mauritius Institute of Training and Development Act, whether by way of casual work, labour work, clerical work or otherwise and however remunerated.

A worker's rights during a cyclone

The law provides that where a cyclone warning class III or IV is in force in the Republic of Mauritius, a worker may absent himself from work and the employer shall pay remuneration to the worker at the normal rate in respect of the period of absence.

This law shall apply until the cyclone warning class III or IV has been removed and that the employer provides a means of transport for the worker to attend work or public transport is operational.

There are circumstances where a worker has to attend his/her duties on a day which a cyclone warning class III or IV is in force. In those premises, the worker shall, in addition to the remuneration due to him/her be entitled to an allowance equal to 3 times the basic rate per hour in respect of every hour of work performed and also adequate free meals.***

However, there are circumstances whereby no remuneration will be payable to or recoverable to the worker. This includes the following circumstances:-

  • Any period during the worker is in lawful custody;or

  • Any period spent by the worker in a reform institution; or

  • Any period spent by the worker in going to, attending, or returning from, any Court of Law.

GOOD TO KNOW

What to do if I had to attend court on the day of a cyclone warning Class III or IV?

Cases will be resheduled and all concerned parties will be communicated with new dates.