- Overview: Mauritius
- Global HR Compliance
- Global PEO and payroll
- Work permit for hiring expats via PEO
- Contractor vs. employee: which is better?
Global HR Compliance in Mauritius
If you hire international workforce, or plan to hire, then Hiring and Firing Workforce in Mauritius Guide below will help you understand the nuances of labor legislation in the country.
There are two main reasons for companies hiring foreign workforce:
- Expanding into foreign markets to sell company product or products there. In this case, companies hire sales representatives who would exclusively represent their product in the target market and sell it to their local client base.
- Hiring the right foreign talent with a unique expertise, often related to IT sphere that cannot be found in the home country or that costs less compared to local specialist with similar skills.
After you have found the right candidate, the question is how to hire and provide compensation to this person so you as a business remain 100% compliant when working with global workforce. Another thing to consider is whether you want to keep the talent long-term and how you can do that.
If you need to hire foreign workforce in Mauritius so you can expand there, then our Global Employer of Record solution may be of help. We help you legally hire and reward your foreign workforce by making them employees via a global employment outsourcing service. This is simple as employ your in-house workforce with the only difference that workers can live anywhere in the world and Acumen International would be their legal employer on your behalf. This means we would bear all employment risks, not you. Also, we manage bonuses, vacations, sick leave and can rent the office and a car for your foreign sales representatives if that is what you need.
With our solution, you can test new foreign markets before deciding whether you are going to get established there. You gain flexibility and expand with reduced costs, and easily withdraw from the unattractive countries.
We are experts in global workforce employment in Mauritius, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.
Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.
With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in Mauritius.
Hiring and Firing Workforce in Mauritius Guide
# Employment contracts
A person shall enter into an agreement where remuneration is to be paid at intervals of more than one month. Where a worker, other than a migrant worker, has been in the continuous employment of an employer under one or more determinate agreements for more than 24 months, in a position which is of a permanent nature, the agreement shall, with effect from the date of the first agreement, be deemed to be of indeterminate duration.
An employer may enter into an agreement with a worker for a specified period of time:
- in respect of a specified piece of work;
- in replacement of another worker who is on approved leave or suspended from work;
- in respect of work and activity which are of a temporary, seasonal or short-term nature;
- for the purposes of providing training to the workforce;
- for a specific training contract; or
- in accordance with a specific scheme set up by the Government or a statutory corporation.
An agreement shall be made in writing. Where a worker is:
- required to report at a place of work, or conveyed there by his employer or his employer’s agent; and
- is found fit and willing to perform the work for which he was required, or conveyed, the worker and the employer shall be deemed to have entered into an agreement.
# Minimum (Statutory) Employment Rules and Regulations in Mauritius
# Hours of work:
The normal day’s work of a worker, other than a part-time worker or a watchperson:
- shall consist of 8 hours’ actual work; and
- may begin on any day of the week, whether or not on a public holiday.
A worker, other than a part-time worker or a watchperson, and an employer may agree that the worker works in excess of the stipulated hours without added remuneration, if the number of hours covered in a fortnight does not exceed 90 hours, or such lesser number of hours as may be specified in an agreement.
Where a daily paid worker, other than a part-time worker or watchperson, has completed 90 hours’ work or such lesser number of hours as may be specified in an agreement, in less than 12 days in a fortnight, he shall be paid 12 normal days’ basic wages in respect of that fortnight.
# Annual leave:
An every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while he remains in continuous employment, to 20 working days’ annual leave or such similar leave under any other name.
An every worker shall be entitled to 2 days’ leave in every year. Every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 6 consecutive months and who has been present on all the working days during that period, shall be entitled during each subsequent month up to the twelfth month, while he remains in continuous employment with the same employer, to one day’s annual leave up to a maximum of 6 days’ annual leave. Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled, during each subsequent period of 12 months.
# Parental leave:
A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to 12 weeks’ maternity leave on full pay to be taken either – before confinement, provided that at least 6 weeks’ maternity leave shall be taken immediately following the confinement; or after confinement.
A male worker, other than a male part-time worker, shall, subject to be entitled to 5 continuous working days’ leave, to be known as paternity leave.
# Sick leave:
An every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while he remains in the continuous employment, to 15 working days’ sick leave on full pay. Where, at the end of the period of 12 consecutive months, a worker has not taken the sick leave, any outstanding sick leave shall be accumulated to a maximum of 90 working days. Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled, during each subsequent period of 12 months.
A worker and an employer may agree on the number of hours of work to be performed in excess of the stipulated hours where the exigencies of an enterprise so require.
No employer shall require a worker to perform work in excess of the stipulated hours unless he has given, as far as is practicable, at least 24 hours’ notice in advance to the worker of the extra work to be performed.
# State minimum salary:
The Mauritius minimum wage rate is 607 Mauritian rupees per week for an unskilled worker in the Export Processing Zone (EPZ); 794 rupees per week for an unskilled factory worker outside the EPZ; set by the government by sector,and increased each year based on the inflation rate. Mauritius’ minimum wage was last changed in January 2014.
# Employee dismissal:
Termination of agreement:
- every determinate agreement of which the duration does not exceed 24 months; or
- every agreement shall terminate on the last day of the period agreed upon by the employer and the worker.
An agreement shall not be broken by a worker where he absents himself from work for more than 2 consecutive working days without good and sufficient cause for a first time unless the employer proves that the worker has, after having been given written notice:
- by post with advice of delivery; or
- by delivery at the residence of the worker, requiring him to resume his employment, failed to do so within a time specified in the notice which shall not be less than 24 hours from receipt of the notice.
Acumen International can help you fast-track your possibilities of entering and expanding your business in Mauritius by providing you with our Employer of Record services. Our unique mix of PEO/EOR solutions will enable you to jumpstart your global operations almost immediately, cost-effectively and compliantly without any need to set up a legal entity first or afterwards.