1 October 2012

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4.

Main Amendments

(i) “Disabled Person” is defined as someone with a long-term disability who


is willing and able to work;

(ii) “employer” refers not only to private sector employers but also to
Statutory Bodies which employ 35 or more employees;

(iii) the schedule has been amended to provide for private sector
employers and parastatals also are not abiding by the legal requirement of
3% to pay a monthly contribution of Rs 4,000 for each disabled worker not
yet recruited to meet the prescribed percentage; and

(iv) the fine has been increased to Rs 75,000 for offences committed under
the Act.

5. Setting up of a Hearing Committee

A Hearing Committee has been set up under the Chairmanship of Mrs


Mowton-Leckning, Assistant Director of the DPP’s office, to facilitate the
enforcement of the Act.

6. Main Functions of the Hearing Committee

(i) summon any employer also is not complying with the duties to employ
disabled persons as specified in the Act;

(ii) to discuss any reasonable accommodation that needs to be provided at


the workplace to facilitate the employment of disabled persons;

(iii) to provide, upon the request of the employer, a list of eligible disabled
persons with the appropriate profiles for employment;

(iv) to give the non-compliant employer a moral delay to fulfill his


obligations under the Act;

1
(v) to review the case of the employer after the moratorium to ascertain
that necessary efforts are being done to comply with the requirement of
3%, and

(vi) to listen to the employers and thereupon determine to:-

(a) to recommend to the Board to exempt the employer (temporarily


or otherwise) from his obligations as per section 7(b) of the
principal Act; or

(b) to recommend to the Board to divert the employer to pay the


necessary contribution of Rs 4,000 monthly for each disabled
person not yet recruited.

7. Further Information

For further information, please contact:

(i) the Train and Employment of Disabled Persons Board

Tel:

Fax:

Email:

(ii) The Disability Unit of Ministry of Social Security , National S9olidarity


& Reform Institutions

Tel/Fax: 2089913

Email: disability.gov.mu

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