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Employment Relations in Mauritius A Modern perspective and New Challenges by Emeritus Professor Ved Prakash Torul
Consultant: Employment Law and Industrial Relations Professor V.P. Torul B.A (Hons); Dip. Public Administration; Higher Edu. Diploma; Dip Admin Magt; Dip in Management; LLB; LLM; LLD Emeritus Professor of Law Consultant Employment Law and Industrial Relations Mediator Singapore Mediation Centre
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he Employment Relations Act (2008) and (2019) as amended is a proactive statutory instrument borne out of a presevered consensus building process between the social partners so as to promote and maintain a harmonised employment relations climate in Mauritius. Part II of the code of Practice on Basic Employment Relations Principles provides a guideline to a modern perspective, and addresses a the same time the new challenges facing employment relations in response to the dynamic and changing landscape in the Mauritian economy that is largely influenced by the advent of globalization and development in various sectors such as finance, tourism, textile, manufacturing, ICT/BPO, freeport and seafood. Within the fast developing economic context, expediency requires a fresh look at employment relations from a modern perspective. The world of work has been transformed since the Industrial Relations Act 1973 was enacted which brought changes in employment relations in Mauritius. Now, the modern trend in employment relations follows the dictates of following phenomena: Firstly, in Mauritius, the world of work has undergone substantial changes due to competitive pressures and the justification to reduce unit labour costs. Employers are aiming at more systematic reappraisals of organizational structures and redefining the enterprises’ core activities. The legal consequences of many of these developments have been felt, particularly, in variation of contract of employment and the application of the law relating to the termination of employment due to operational requirements, transfer of undertakings and mergers. Secondly, due to high level of literacy among the Mauritian labour force, employees/ employers understand better the traditional vehicle for regulating the employment relationship through a contract of employment. Employees mainly are reasonably conversant with their rights under the employment law. These rights include among others, the right to decent work environment, the right not to have the contract unfairly terminated, the right to contractual information, the right that no term of the contract should be discriminated, minimum period of notice, the right not to have pay deducted unlawfully, a minimum right for maternity leave for women, paid leave, maximum working hours, statutory minimum pay etc. TRAINING & employment magazine
www.tnemag.mu
