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Additional Remuneration Act 2008

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Revised Laws of Mauritius

A4A – 1 [Issue 2]

ADDITIONAL REMUNERATION ACT 2008 Act 22 of 2008 – 1 July 2008

ARRANGEMENT OF SECTIONS

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

tion 4. Employees paid otherwise than on

monthly basis 5. Powers of authorised officers 6. Jurisdiction

7. Offences 8. Regulations 9. Application of Act 10. Saving 11. Consequential amendment 12. —

SCHEDULE

ADDITIONAL REMUNERATION ACT 2008

1. Short title

This Act may be cited as the Additional Remuneration Act 2008.

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 that Schedule;

“appointed day” means 1 July 2008;

“authorised officer” means the Permanent Secretary or any public offi- cer 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 day;

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(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;

“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, monthly or otherwise; but

(b) does not include a public officer;

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

“Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of labour.

3. Payment of additional remuneration

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

(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 July 2007 to 30 June 2008 an increase in wage or salary otherwise than by virtue of the Additional Remuneration Act 2007 or an award of the Permanent Arbitration Tribunal or by way of an increment or increase on promotion, and such in- crease was specified in writing, or agreed upon by the employee, 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 in- crease is less than the additional remuneration specified in subsection (1), if the employer pays the difference.

(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, such rates shall,

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as from the appointed day, be increased in the same proportion as the in- crease of the payment of the additional remuneration on the basic wage pre- scribed 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 Workers (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 day, be increased by 8.1 per cent.

(6) The piece rates prescribed in the enactments specified in subsec- tions (4) and (5) or in any other enactment shall include any previous addi- tional 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 day, 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.

4. Employees paid otherwise than on 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 document 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, in—

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

(b) Rodrigues, the Magistrate for Rodrigues;

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(c) the other islands under the jurisdiction of the State of Mauritius, 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 5,000 rupees.

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 the commencement of this Act to include specifically the increase provided by this Act, except where the actual wage or salary earned by an employee immediately before the appointed day exceeds the wage or salary prescribed for him under any enactment.

10. Saving

This Act shall be in addition to, and not in derogation from, any other enactment.

11. Consequential amendment

The Sugar Industry (Agricultural Workers) (Remuneration Order) Regula- tions 1983 are amended by adding, after regulation 9, the following regula- tion—

9A The rates for cutting and loading prescribed in paragraph 5 of the Second Schedule or agreed upon, as the case may be, shall be increased by 11.5 per cent with effect from 30 June 2008.

12. —

Revised Laws of Mauritius

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SCHEDULE [Section 2]

Monthly wage or salary Additional remuneration per month

In respect of employees whose basic wage or salary is up to Rs 3,500 per month

8.1 per cent rounded up to the next rupee

Above Rs 3,500 up to Rs 6,500 Rs 300

Above Rs 6,500 up to Rs 8,000 Rs 350

Above Rs 8,000 Rs 400