Employment Law

SC Legal advises employers and employees on Mauritian employment law under the Workers' Rights Act 2019 and the Employment Relations Act 2008. We cover employment contracts, HR policies, disciplinary hearings, dismissal, redundancy, compromise agreements, work and residence permits, and claims before the Industrial Court, the Employment Relations Tribunal and the Redundancy Board.

Most employment disputes are won or lost on procedure. We help employers get the process right before a decision is taken, and help employees test whether it was.

What employment work do we handle?

• Employment contracts, executive service agreements and restrictive covenants.
• HR policies, codes of conduct and grievance procedures.
• Disciplinary charges, hearings and outcomes.
• Termination of employment, notice and severance.
• Redundancies and restructurings, including before the Redundancy Board.
• Compromise and settlement agreements.
• Discrimination, harassment and equal pay complaints.
• Pension and gratuity obligations, including the Portable Retirement Gratuity Fund.
• Work permits, Occupation Permits and residence permits for foreign nationals.
• Employment aspects of acquisitions, outsourcing and business transfers.
• Claims before the Industrial Court and the Employment Relations Tribunal.

Contracts and HR policies

A written contract and clear policies prevent most disputes. We draft employment contracts, executive service agreements, confidentiality and non-compete clauses, codes of conduct and disciplinary procedures that reflect the Workers' Rights Act 2019 and the employer's own practice, so that the documents match what managers actually do.

Discipline and dismissal

The Workers' Rights Act 2019 sets a strict procedure for dismissal on grounds of misconduct. Under section 64, the employer must notify the worker of the charge within 10 days of becoming aware of the misconduct or of completing its investigation. The worker must have at least 7 days' notice to answer the charge at an oral hearing, may be assisted by a trade union or legal representative, and any termination must follow within 7 days of the hearing. The hearing must be completed within 30 days, extendable by agreement to 60. A similar procedure applies to poor performance.

A termination that breaches section 64, or has no valid ground, entitles a worker with at least 12 months' continuous employment to a severance allowance under section 70: 3 months' remuneration for every year of service, with interest of up to 12% a year at the court's discretion. A worker may instead claim reinstatement by complaining to the supervising officer within 15 days of the termination. We draft charges, sit as or advise the disciplinary committee, and assess claims for employers and employees.

Redundancy and restructuring

Under section 72 of the Act, an employer with at least 15 workers or an annual turnover of at least MUR 25 million that intends to reduce its workforce or close must first notify and negotiate with the recognised trade union or the workers' representatives. They must explore alternatives such as restrictions on recruitment, reduced overtime, shorter hours, retraining and redeployment within the group. If no agreement is reached, the employer must give the Redundancy Board written notice, with a statement showing cause, at least 30 days before the intended reduction. We plan restructurings so that the business case, the negotiation record and the notices are in place before any worker is told.

Work permits for foreign nationals

Foreign nationals need a permit to work in Mauritius. Investors, professionals and self-employed persons usually apply for an Occupation Permit through the Economic Development Board, which combines work and residence rights. Other foreign workers need a work permit from the Ministry of Labour. We advise employers and individuals on eligibility, applications and renewals.

Frequently asked questions

How much notice must an employer give in Mauritius?

At least 30 days, under section 63 of the Workers' Rights Act 2019, or payment of the remuneration for the notice period in lieu. The employer must state the reason for termination. Dismissal for misconduct or poor performance must also follow the hearing procedure in section 64.

What procedure applies to redundancies in Mauritius?

The employer must notify and negotiate with the recognised trade union or the workers' representatives to explore alternatives. If no agreement is reached, it must give the Redundancy Board written notice with a statement of reasons at least 30 days before the intended reduction. The duty applies to employers with at least 15 workers or an annual turnover of at least MUR 25 million.

Do foreign nationals need a work permit in Mauritius?

Yes. Most foreign professionals and investors apply for an Occupation Permit through the Economic Development Board. Other foreign workers need a work permit from the Ministry of Labour before they start work.

Where are employment disputes heard in Mauritius?

Severance claims for unjustified termination are first enquired into by the supervising officer of the Ministry of Labour and, if not settled, go to the Industrial Court. Reinstatement complaints and collective disputes go to the Employment Relations Tribunal. Redundancy notices go to the Redundancy Board.

See also our dispute resolution page, read the FAQ, or contact us to discuss your situation.