Advanced Search

Additional Remuneration (2014) Act 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Revised Laws of Mauritius

A4F – 1 [Issue 6]

ADDITIONAL REMUNERATION (2014) ACT 2013 Act 29 of 2013 – 1 January 2014

ARRANGEMENT OF SECTIONS

SECTION 1. Short title 2. Interpretation 3. Payment of additional remunera-

tion 4. Employees paid otherwise than on

a monthly basis 5. Powers of authorised officers 6. Jurisdiction

7. Offences 8. Regulations 9. Application of Act

10. Saving 11. —

SCHEDULE



ADDITIONAL REMUNERATION (2014) ACT 2013

1. Short title

This Act may be cited as the Additional Remuneration (2014) Act 2013.

2. Interpretation

In this Act —

"additional remuneration", in relation to an employee, means the appropriate amount determined in accordance with, or specified in, the second column of the Schedule and corresponding to the basic wage or salary payable to the employee as specified in the first column of the Schedule;

"appointed date" means 1 January 2014;

"authorised officer" means the Permanent Secretary or any public of- ficer authorised by him;

"basic wage or salary" — (a) means — (i) in relation to an employee whose basic wage or salary is

prescribed, such basic wage or salary, whether or not the employee's actual wage or salary exceeds the prescribed wage or salary or the employee is remunerated on a piece rate basis or employed on task work;

(ii) in relation to an employee in respect of whom no wage or salary is prescribed or agreed upon in his contract of ser- vice, the total amount, by whatever name called, earned by him as from the appointed date;

Additional Remuneration (2014) Act

[Issue 6] A4F – 2

(iii) in every other case, the basic wage or salary agreed upon in his contract of service, whether or not the employee's actual wage or salary exceeds the agreed wage or salary or the employee is remunerated on a piece rate basis or em- ployed on task work; and

(b) includes any previous additional remuneration granted under any enactment; but

(c) does not include any allowance, commission or other benefit not forming part of an employee's wage or salary but given to him in addition to his wage or salary;

"comparable full-time employee" means a full-time employee who — (a) has the same type of employment relationship; (b) is engaged in the same or a similar type of work or

occupation; and (c) is employed in the same establishment, enterprise or branch of

activity, as a part-time employee;

"employee" — (a) means any person who works or has worked under a contract of

service or apprenticeship, whether the contract is express or im- plied, oral or in writing, and whether the person is paid daily, weekly, fortnightly, monthly or otherwise;

(b) includes a part-time employee; but (c) does not include — (i) a public officer; (ii) a local government officer, an officer of a statutory body,

an officer of the Rodrigues Regional Assembly, or an em- ployee of a private secondary school, who is governed by the recommendations made in the Pay Research Bureau Report 2013;

"Minister" means the Minister to whom responsibility for the subject of labour is assigned;

"part-time employee" means an employee whose normal hours of work are less than those of a comparable full-time employee;

"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for the subject of labour;

"public officer" has the same meaning as in the Constitution.

3. Payment of additional remuneration

(1) Subject to subsections (4) and (5) and to section 9, every employer shall, as from the appointed date, pay to every employee in his employment, in addition to the actual wage or salary earned by the employee, the addi- tional remuneration.

Revised Laws of Mauritius

A4F – 3 [Issue 6]

(2) Where the wage or salary of an employee is paid partly by one em- ployer and partly by another, each employer shall pay that part of the addi- tional remuneration which bears the same proportion to the additional remu- neration as the part of the wage or salary paid by him bears to the total wage or salary.

(3) Where an employer has paid during the period 1 January 2013 to 31 December 2013 an increase in wage or salary —

(a) otherwise than —

(i) by virtue of the Additional Remuneration (2013) Act 2012; or

(ii) by way of an increment or increase on promotion; or

(b) pursuant to a collective agreement or an award of the Employ- ment Relations Tribunal,

and such increase was agreed upon by the employee, in writing, or specified in the collective agreement or award, as being an increase in wage or salary designed specifically to compensate the employee for an increase in the cost of living in respect of the above mentioned period, there shall be sufficient compliance with subsection (1), in case such increase is less than the addi- tional remuneration specified in subsection (1), if the employer pays the dif- ference.

(4) Subject to subsection (6), where an employee is remunerated on a piece rate basis at rates prescribed in the Sugar Industry (Agricultural Work- ers) (Remuneration Order) Regulations 1983 or as agreed upon, such rates shall, as from the appointed date, be increased in the same proportion as the increase of the payment of the additional remuneration on the basic wage prescribed or agreed upon, as the case may be, of the employee.

(5) Subject to subsection (6), where an employee is remunerated on a piece rate basis at rates prescribed in —

(a) the Cinema Employees (Remuneration Order) Regulations 2005;

(b) the Tea Industry Workers (Remuneration Order) Regulations 1984; or

(c) any other enactment,

such rates shall, as from the appointed date, be increased by 3.7 per cent.

(6) The piece rates prescribed in the enactments specified in subsections (4) and (5) shall include any previous additional remuneration granted by law.

(7) Where civil or criminal proceedings are instituted against an employer under this Act in relation to an employee first employed by him on or after the appointed date, it shall be a defence for the employer to prove that the wage or salary paid to the employee is not less favourable than all the pecu- niary payments made to any other employee of the same grade.

Additional Remuneration (2014) Act

[Issue 6] A4F – 4

4. Employees paid otherwise than on a monthly basis

Where an employee is remunerated otherwise than on a monthly basis, it shall be deemed, for the purpose of determining the appropriate additional remuneration, that a month, a fortnight or a week shall consist of such num- ber of days as are prescribed in any other enactment or agreed upon in rela- tion to that employee.

5. Powers of authorised officers

Notwithstanding any other enactment, an authorised officer may, for the purpose of ensuring compliance with this Act —

(a) enter any work premises or office of an employer;

(b) inspect any book or record kept by an employer in relation to his employees;

(c) request an employer to furnish him with any information or doc- ument which he may require;

(d) prosecute a person who commits an offence under this Act; and

(e) enter any action on behalf of an employee.

6. Jurisdiction

Notwithstanding any other enactment —

(a) in the Island of Mauritius, the Industrial Court;

(b) in Rodrigues, the Magistrate for Rodrigues;

(c) in the other islands under the jurisdiction of the State of Mauri- tius, the Magistrate visiting those islands,

shall have exclusive jurisdiction to hear and determine any civil or criminal proceedings under this Act.

7. Offences

Any person who —

(a) contravenes section 3 or any subsidiary enactment made under this Act;

(b) obstructs an authorised officer in the exercise of his powers un- der section 5;

(c) fails to comply with a request under section 5(c) or, in comply- ing with the request, furnishes any information or document which he knows or should have known to be false or misleading in a material particular,

shall commit an offence and shall, on conviction, be liable to a fine not ex- ceeding 10,000 rupees.

Revised Laws of Mauritius

A4F – 5 [Issue 6]

8. Regulations

The Minister may make such regulations as he thinks fit for the purposes of this Act.

9. Application of Act

This Act shall cease to apply in relation to any employee who is governed by an enactment where the enactment is amended after 1 January 2014 to provide specifically for the increase referred to in section 3, except where the actual wage or salary earned by an employee immediately before 1 Janu- ary 2014 exceeds the wage or salary prescribed for him under any enact- ment.

10. Saving

This Act shall be in addition to, and not in derogation from, any other en- actment.

11. —



SCHEDULE [Section 2]

ADDITIONAL REMUNERATION

PART I – FULL-TIME EMPLOYEES

Monthly basic wage or salary Additional remuneration per month

Up to 8,100 rupees 300 rupees

Above 8,100 rupees up to 20,000 rupees 3.7 per cent rounded up to the next rupee

PART II – PART-TIME EMPLOYEES

Monthly basic wage or salary Additional remuneration per month

Up to 20,000 rupees 3.7 per cent rounded up to the next rupee