The probationary period typically spans from three to six months and may be prolonged provided that the terms of the probation period were established upon finalizing the employment agreement.

In the event that either party desires to terminate the employment before the probationary period concludes, a minimum notice period of 30 days applies (unless otherwise stipulated in the employment contract).

The standard workweek for full-time employees (excluding part-time workers) consists of 45 hours, with allowances made for meal and tea breaks. Here are the specifics:

• For a five-day workweek, employees are required to work nine hours per day over any five days of the week.
• For a six-day workweek, employees work eight hours per day over any five days, with an additional five hours worked on another day of the week (excluding public holidays).

The maximum daily working hours are capped at 12, except under special circumstances and in compliance with other relevant laws.

Employees are entitled to breaks as follows: one-hour meal breaks for every four hours of work, along with at least one 20-minute tea break or two 10-minute tea breaks, all of which are unpaid.

Employers may propose flexitime arrangements to employees, provided they give at least 48 hours’ notice (and the employee isn’t compelled to agree). Conversely, employees can request flexitime, which employers must grant unless there are valid business reasons for refusal (such as an inability to reorganize work or adverse effects on quality or performance).

An employee must be notified 24 hours in advance if they are required to work overtime. However, the employee retains the right to decline overtime work, even with the specified notice period.

Overtime compensation on weekdays is set at 1.5 times the regular rate of remuneration for hours worked beyond the standard working hours. Prior to commencing overtime, employees must be given a paid rest period of at least ten minutes.

On public holidays, the overtime rate is double the normal hourly rate for hours worked on that day. For any additional hours worked beyond the standard working hours on a public holiday, the overtime rate is triple the regular hourly rate.

If the standard workday is extended by two hours, or if an employee is required to work for at least 10 hours in a day, the employer must either provide a suitable free meal or pay a meal allowance of MUR 85 per day.

After completing 12 consecutive months of service with an employer, an employee becomes eligible for an annual bonus. This bonus is calculated as one-twelfth of the employee’s annual earnings.

For employees who have worked for only a portion of the calendar year without any breaks in employment, the bonus is determined as one-twelfth of their earnings for that year. A payment amounting to 75% of the anticipated bonus must be disbursed to the employee no later than five working days prior to December 25th. The remaining balance must be settled by the last working day of the month in which the employment concludes.

Resigning employees are entitled to a prorated bonus if they have maintained continuous employment for a minimum of eight months during the year.

It is strictly prohibited to terminate an employee based on poor performance if such performance is a result of an injury sustained during work.

According to the provisions of the Workers’ Rights Act (WRA), an employer is required to specify the reason for termination. In cases of gross misconduct, an employer may dismiss an employee without notice, provided the employee’s actions constitute a breach of their contractual obligations.

For terminations due to misconduct, the WRA mandates that the employer must offer the employee an opportunity to explain the charges against them. The notice of termination must be provided in writing and delivered to the employee either in person or via registered mail within 10 days of the employer becoming aware of the alleged misconduct.

The employee has the right to request relevant information or documents pertaining to the charges, and the employer must comply. The employee must be given at least seven days’ notice to respond to the charges. Termination must take effect within seven days of the employee responding to the charges.

The WRA prohibits termination based on personal characteristics of the employee (such as race, religion, country of origin, political opinion, or marital status), being on maternity leave, or being a member of a trade union.

Both the employer and employee are obligated to provide a minimum of 30 days’ notice to terminate the employment contract, which can be conveyed verbally or in writing. In cases where the employer initiates termination, they are obliged to furnish the reasons for termination. However, the notice period may vary if stipulated differently within the employment agreement.

Alternatively, either party may opt to compensate the other party with an amount equal to the remuneration the employee would have earned if they had remained employed during the notice period, in lieu of providing notice.

Severance allowance is granted to employees who have maintained continuous employment for a minimum of 12 consecutive months with the same employer, either under an indeterminate duration contract or through one or more fixed-term contracts with the same employer, provided the employer terminates the contract for reasons outlined in the WRA.

The severance pay amounts to three months’ remuneration for every 12 months of uninterrupted employment, with a minimum employment period of 12 months required to qualify.

In cases where the court determines that severance pay is owed, it has the authority to award interest at a maximum rate of 12% per annum on the amount owed by the employer to the employee.

To validate restrictive covenants, the following conditions must be met:

• They must be limited in both time and geographical scope.
• They cannot unduly hinder the employee’s ability to pursue gainful employment.
• Their primary aim should be to safeguard the employer’s business interests.

While not obligatory, offering financial compensation is recommended. Restrictive covenants should be constrained both geographically and temporally. Typically, a duration of up to one year is deemed reasonable and acceptable.

Fixed-term contracts are legally permissible under the following circumstances:

• Undertaking and completing a specific temporary and non-recurring task.
• Engaging in short-term, seasonal, or project-related work or activities.
• Substituting for another employee on approved leave or suspension.
• Providing training purposes.

However, it is unlawful to utilize fixed-term contracts for work of a permanent nature or for roles that are recurrent and permanent in the employer’s regular business operations.

There is no set maximum duration for a fixed-term contract, and they may be extended through written agreement. If there is a gap of no more than 28 days between two fixed-term contracts, the worker is regarded as being under an indefinite-term contract. Additionally, a fixed-term contract lasting over 24 months is considered indefinite.

Workers on fixed-term contracts must receive terms and conditions no less favorable than those of permanent employees performing similar duties and possessing comparable qualifications, skills, or experience.

Employers with a staff of 10 or more individuals are required to establish suitable provisions for the medical and healthcare requirements of their employees.

Although there are limitations on mandating workers to undergo medical health checks, according to the Data Protection Act (DPA), data concerning an individual’s physical or mental health status falls under the category of ‘special personal data.’ Therefore, employers must obtain explicit consent from employees to access such information.

Enacted on January 15, 2018, the Mauritius Data Protection Act of 2017 (DPA) replaces the previous 2004 legislation, governing individuals’ privacy rights concerning the collection, processing, storage, transfer, and management of personal data. Aligned with international standards, particularly the EU General Data Protection Regulation (GDPR), the DPA seeks to modernize Mauritius’ data protection framework.

The employer must provide the employee with a payslip when remuneration is paid. Electronic payslips are permitted and considered valid.

In accordance with Section 153 of the Income Tax Act 1995, records of employee remuneration must be retained for a minimum of five years. Additionally, a company’s payroll records should be preserved for a period of 10 years.

An employee who maintains continuous employment with the same employer for 12 consecutive months is entitled to 22 working days of annual leave for each subsequent 12-month period of continuous employment.

For employees who sustain continuous employment with the same employer for six consecutive months without any breaks, they are entitled to one day of annual leave for each subsequent month, up to a maximum of six days’ annual leave by the twelfth month.

Annual leave may be taken as a full day, half day, or for a shorter period as agreed upon by both the employer and the employee. Employees are required to provide at least 48 hours’ notice if they wish to take more than one consecutive day of annual leave.

If an employee is unable to utilize all of their entitled leave days, they shall be compensated with their normal day’s wage for each unused day of leave at the end of the 12-month consecutive period.

In cases where the employer and employee cannot reach an agreement on the timing of leave, half of the leave period must be determined by the employer, while the other half is determined by the employee. However, employers are not permitted to withhold leave from employees without reasonable cause.

An employee who maintains continuous employment with the same employer for 12 months is eligible for 15 working days of sick leave with full pay.

For employees who sustain continuous employment with the same employer for six consecutive months without any absences, they are entitled to one day of sick leave for each subsequent month, up to a maximum of six days’ sick leave by the twelfth month.

Employees are required to notify their employer of their illness on the first day of absence unless they are unable to reasonably do so.

If an employee remains ill for more than three consecutive working days, a medical certificate is necessary from the fourth day of absence.

• Leave for Jury Duty: Employers must provide paid leave to employees during their absence to serve as jurors.
• Leave for Participation in International Sports Events
• Leave for Court Attendance

Bereavement Leave

Employees who have completed 12 months of continuous service with the same employer are entitled to three working days of leave upon the death of their spouse, child, father, mother, brother, or sister.

Marriage Leave

Employees who have maintained 12 months of uninterrupted employment with the same employer are eligible for the following special paid leave benefits:

• Six working days’ leave for their own marriage (only applicable for their first civil or religious marriage).
• Three working days’ leave for the first civil or religious marriage of their child.

Maternity leave

A female employee who has maintained continuous employment with an employer for 12 consecutive months is granted 14 weeks of maternity leave. This leave can commence before the birth, provided that at least seven weeks are taken immediately after the birth.

If the employee does not fulfill the requirement of having 12 months of continuous employment, she is still entitled to maternity leave, albeit without pay.

In the case of a stillborn child, a female employee is entitled to 14 weeks of maternity leave with full pay upon submission of a medical certificate, regardless of her length of employment. Similarly, if a female employee experiences a miscarriage, as confirmed by a medical practitioner, she is entitled to three weeks of leave with full pay.

Breastfeeding Break

Mauritius observes a total of 15 annual public holidays. Among these, seven are fixed holidays, occurring on January 1 and January 2, February 1, March 12, May 1, November 2, and December 25.

The remaining public holidays are religious festivals, and their dates vary each year.