Revised Laws of Mauritius
A4 – 1 [Issue 1]
ADDITIONAL REMUNERATION ACT Act 13 of 2007 – 1 July 2007
ARRANGEMENT OF SECTIONS
SECTION 1. Short title 2. Interpretation 3. Payment of additional
remuneration 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 ACT
1. Short title
This Act may be cited as the Additional Remuneration Act.
2. Interpretation
In this Act—
“additional remuneration”, in relation to an employee, means the ap- propriate amount determined in accordance with, or specified in, the sec- ond 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 2007;
“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 implied, 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 subsection (4) and to section 9, every employer shall, as from the appointed day, pay to every employee in his employment, in addi- tion to the basic wage or salary payable to the employee, the additional 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 remuneration 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 2006 to 30 June 2007 an increase in wage or salary otherwise than by virtue of the Additional Remuneration Act 2006 or an award of the Permanent Arbitration Tribunal or by way of an increment or increase on promotion, and such increase was specified in writing, or agreed upon by the employee, as being an increase in wage or salary designed specifically to compensate the em- ployee 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 additional remuneration specified in subsection (1), if the employer pays the difference.
(4) Subject to subsection (5), where an employee is remunerated on a piece rate basis at rates prescribed in— (a) the Sugar Industry (Agricultural Workers) (Remuneration Order)
Regulations 1983;
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(b) the Cinema Workers (Remuneration Order) Regulations 2005; (c) the Tea Industry Workers (Remuneration Order) Regulations
1984; or (d) any other enactment, such rates shall, as from the appointed day, be increased by 8.7 per cent.
(5) The piece rates prescribed in the enactments specified in subsec- tion (4) or in any other enactment shall include any previous additional remu- neration granted by law.
(6) 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 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 number of days as are prescribed in any other enactment or agreed upon in relation 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; (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.
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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
under 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 exceeding 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. —
SCHEDULE [Section 2]
Monthly wage or salary Additional remuneration per month In respect of employees whose basic wage or salary is up to Rs 3,000 per month
8.7 per cent rounded up to the next rupee
Above Rs 3,000 up to Rs 6,500 Rs 300 Above Rs 6,500 up to Rs 8,000 Rs 350 Above Rs 8,000 Rs 400
Revised Laws of Mauritius
A4E – 1 [Issue 4]
ADDITIONAL REMUNERATION (2012) ACT 2011 Act 41 of 2011 – 1 January 2012
ARRANGEMENT OF SECTIONS
SECTION 1. Short title 2. Interpretation 3. Payment of additional remuneration 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 (2012) ACT 2011
1. Short title
This Act may be cited as the Additional Remuneration (2012) Act 2011.
2. Interpretation
In this Act—
“additional remuneration”, in relation to an employee, means the appro- priate 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 2012;
“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;
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(ii) 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 employed on task work; and
(Editorial Note: Numbering as per original Government Gazette.) (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— (i) works or has worked under a contract of service or appren-
ticeship, whether the contract is express or implied, oral or in writing, and whether the person is paid daily, weekly, fortnightly, monthly or otherwise; and
(ii) is drawing a monthly basic wage or salary of 30,000 rupees or less;
(b) includes a part-time employee; but (c) does not include a public officer;
“Minister” means the Minister to whom responsibility for the subject of labour and employment relations has been 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 and employment relations.
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— (a) to every employee, other than a part-time employee, in his
employment, in addition to the actual wage or salary earned by the employee, the additional remuneration;
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(b) to every part-time employee whose basic wage or salary is 7,000 rupees or less per month, in addition to the actual wage or salary earned by him, an additional remuneration equivalent to not less than 6.6 per cent of his basic wage or salary payable, rounded up to the next rupee up to a maximum of 460 rupees;
(c) to every part-time employee whose basic wage or salary is more than 7,000 rupees and up to 30,000 rupees per month, in addi- tion to the actual wage or salary earned by him, an additional remuneration of 460 rupees.
(2) Where the wage or salary of an employee is paid partly by one employer and partly by another, each employer shall pay that part of the additional remu- neration which bears the same proportion to the additional remuneration 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 2011 to 31 December 2011 an increase in wage or salary otherwise than—
(a) by virtue of the Additional Remuneration (2011) Act 2010;
(b) pursuant to a collective agreement or an award of the Employ- ment Relations Tribunal; or
(c) by way of an increment or increase on promotion,
and such increase 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 increase is less than the additional remuneration specified in sub- section (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 Workers) (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 6.6 per cent.
(6) The piece rates prescribed in the enactments specified in subsec- tions (4) and (5) shall include any previous additional remuneration granted by law.
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(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.
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 number of days as are prescribed in any other enactment or agreed upon in relation 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
under 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 exceeding 10,000 rupees.
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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 provide specifically for the increase referred to in section 3, except where the actual wage or salary earned by an employee immediately before the appointed date 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. —
SCHEDULE [Section 2]
Monthly basic wage or salary Additional remuneration per month
Up to 5,000 rupees 330 rupees
Above 5,000 rupees, up to 7,000 rupees 6.6 per cent rounded up to the next rupee up to a maximum to 460 rupees
Above 7,000 rupees, up to 30,000 rupees 460 rupees
