03 APRIL 2020

COVID-19 and its effect on employment law in Mauritius

In an attempt to curb the spread of the COVID-19 in Mauritius, the government took the decision to extend the
sanitary curfew until 15 April 2020. This was announced by the Prime Minister in a press conference on 30
March 2020. Employers around the world are facing similar challenges, dealing with government-mandated
shutdowns, sick and self-isolating employees, homeworking arrangements and economical constraints.

Our employment team at Juristconsult Chambers remains committed to providing clients with legal advice in
the face of the COVID-19 pandemic which is affecting businesses in Mauritius.

This brief highlights some recurring issues during this stressful situation:

Can an employer force an employee to take accrued annual leave that has not been
taken?

The law provides that where an employer and a worker are unable to agree as to when the leave is to be
taken, half of the leave period shall be fixed by the employer and the other half by the worker. The employer
can, therefore, decide as to when the other half of the local leave is to be taken by the workers. During this
pandemic period, it is being debated as to whether the employer can force the worker to take part of his local
leave during this period. The law, as it stands at present, does not prevent the employer from deciding that the
worker is to take half of his local leave during this current situation where there is a curfew.

Can an employer reduce the number of working hours as well as the salary of a worker
during this pandemic period?

The number of working hours and the salary of a worker cannot, normally, be reduced.

The law, however, provides for certain specific circumstances where an employer may require a worker to
work temporarily for a time shorter than that specified in his agreement at a reduced remuneration. This is
strictly subject to the approval of the supervising officer of the Ministry of Labor, Industrial Relations and
Employment in Mauritius.

It is apposite to note that a worker, who is required to work temporarily for a time shorter than that specified in
his contract of employment at a reduced remuneration, has the right to accept work from another employer
during the time that no work is provided to him/her.

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Can an employer require an employee to attend his place of work during this period of
curfew?

One of the main provisions of the regulation pursuant to which the curfew order has been issued is that an
employer may request an employee to attend work only if the employee would provide “strictly essential
minimum services.” The employer has the obligation to make the necessary application to the Commissioner
of Police for the issue of a work access permit and has to make sure that there is compliance with the
statutory health and safety obligations under the law. In a communiqué by the Ministry of Labour, employees
are urged to attend work where there is a valid work access permit in place. Failure by an employee to comply
may lead to disciplinary action(s).

Can an employer make an employee redundant during this pandemic period?

An employer has to strictly follow the same statutory process laid down in the Workers’ Rights Act 2019 if he
is to make an employee redundant during this pandemic period. The employer has to be able to demonstrate
that there is a valid justification and reasonable cause for the proposed redundancy. In the event that a
settlement is not reached between the employer and the employee, an application has to be made to the
Redundancy Board by the employer before making an employee redundant.

Can an employer request an employee to work from home during this period?

The possibility to request employees to work from home is provided by the Workers’ Rights Act 2019. An
employer may elect to change the place where the work is carried out provided it has given the necessary
equipment to the employees.

Does the employer need to pay full salary to an employee during the pandemic period?

Even if an employee is not working during the curfew, the employer is bound to pay the full basic salary to an
employee. In certain circumstances, an employer may deduct certain allowances (e.g. travel allowance if the
employee is not coming to work).

Can an employer request an employee to perform work outside his/her usual scope of
service if their main tasks are not performed during the pandemic period?

In exceptional circumstances, an employer may request an employee to perform other tasks. The hardship
caused to the employee should be balanced with the operational needs of the employer.

Contacts

Burty Francois Khemila Narraidoo

Partner Senior-Associate
bfrancois@juristconsult.com knarraidoo@juristconsult.com

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