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Mauritius

January 15, 2021

By Javed Niamut, Nafiisah Heehoo and Fazil Hossenkhan

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KEY DEVELOPMENTS FOR 2021


 

Contributions to the Portable Retirement Gratuity Fund

The moratorium to effect payment of contributions to the Portable Retirement Gratuity Fund (PRGF) which was introduced on 1 January 2020 was extended to 1 January 2022. However, upon termination of the employment of a worker during the period starting on 1 January 2020 and ending on 31 December 2021, the employer must submit a return in relation to the PRGF contribution amount due in respect of the worker within a month from the termination of the employment and shall not later than one month following a corresponding notification from the Mauritius Revenue Authority (MRA), pay the contribution to the MRA. In the case of a termination by the employer, the PRGF contribution will start as from the date of employment of the worker. In the case of the resignation of a worker who has been in employment prior to 1 January 2020, the PRGF contribution will start as from 1st January 2020. For the period starting on 1 January 2020 and ending on 31 December 2021, an employer may pay the PRGF contribution directly to the employee provided that a compromise agreement is entered into between the employer and the worker and some specified conditions are met.


 

Working from Home Regulations

The Workers' Rights (Working from Home) Regulations 2020 came into effect on 1 September 2020. The regulations allow employers to require a worker to work from home, provided notice of at least 48 hours is given to the worker. A worker may also make a request to the employer to work from home and employer may at its discretion accede to the request. The employer and the worker must enter into a working from home agreement in a prescribed form. The employer must, where appropriate, conduct a suitable and sufficient assessment at the proposed place of work to ensure that performance of work at the proposed place shall not entail any risk to the safety and health of the homeworker and members of his family. The regulations also provide for the payment of a disturbance allowance for work performed during unsocial hours, payment of work‑related expenses, access of the employer to the home of the worker and injury in the course of employment from home.


 

Temporary restriction on reduction of workforce

For the period up to 30 June 2021 no employer (employing not less than 15 employees or having an annual turnover of at least Rs 25 million) can reduce the number of employees in its employment, either temporarily or permanently or otherwise terminate the employment of any of its employees, except an employer who (i) is exempted from the above restrictions by the Ministry of Labour; or (ii) has applied for any of the financial assistance schemes set up by the Development Bank of Mauritius Ltd, Mauritius Investment Corporation Ltd., or the State Investment Corporation Limited, for the purpose of providing financial support to an enterprise adversely affected by the consequences of COVID‑19 and whose application has not been approved.

With thanks to Javed Niamut, Nafiisah Heehoo and Fazil Hossenkhan of Bowmans for their invaluable collaboration on this update.

Contributors

Image: Suzanne Horne
Suzanne Horne
Partner, Employment Law Department

Image: Kirsty Devine
Kirsty Devine
Associate, Employment Law Department

Image: Aashna Parekh
Aashna Parekh
Associate, Employment Law Department

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