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Act No. 14 of 1980

Section

Short title.
Interpretation.
Payment of additional remuneration.
Employees paid otherwise than on a monthly basis.
Powers of authorised officers.
Jurisdiction.
Offences.
Regulations.
Saving.
Commencement.

To provide for the payment of an additional remuneration to all employees

ENACTED by the Parliament of Mauritius, as follows-

This Act may be cited as the Additional Remuneration Act 1980.
In this Act-
"appointed day" means the 1st July, 1980.
'appropriate additional remuneration", in relation to an employee, means the appropriate amount determined in accordance with, or specified in, the second column of the second schedule corresponding to the basic wage or salary payable to the employee and specified in the first column of that Schedule;
"authorised officer" in relation to an employee other than a public officer, means the Principal Labour Officer or any public officer authorised by him or by the Minister of Labour and Industrial Relations;
"basic wage or salary-
(i) means-
(A) in relation to an employee who is remunerated on a piece rate basis, the amount payable in respect of his work and prescribed in any other enactment or agreed upon in his contract of service;
(B)
in relation to an employee in respect of whom no basic wage or salary is prescribed in any other enactment or agreed upon in his contract of service, the total

ADDITIONAL REMUNERATION ACT 1980

I assent, D.BURRENCHOBAY

30th June, 1980. Governor-General

ARRANGEMENT OF SECTIONS

amount, by whatever name called, which would have been earned by him as from the appointed day;
(C) in every other case, the total amount, by whatever name called, prescribed in any other enactment or agreed upon in his contract of service and which would have been payable to him as from the appointed day;
(ii) does not include any allowance, commission or other benefit given to an employee in addition to his basic wage or salary or which is not in the nature of a wage or salary;

"employee" includes-

(a) a public officer;
(b) a person who is employed by a local authority or a body specified in the First Schedule;
(c) a person who works or has worked under a full-time or parttime contract of service or apprenticeship, whether the contract is expressed or implied or is oral or in writing, and whether the person is paid daily, weekly, monthly or otherwise.

(1) As from the appointed day, every employer shall pay to every employee in his employment, in addition to the basic wage or salary payable to the employee, the appropriate additional remuneration.

(2) Where the basic wage or salary of an employee is paid partly by one employer and partly by another, each employer shall pay that part of the appropriate additional remuneration which bears the same proportion to the appropriate additional remuneration as the part of the basic wage or salary paid by him bears to the total basic wage or salary.
(3) Where civil or criminal proceedings are instituted against an employer under this Act in relation to an employee first employed by him on or after the appointed day, it shall be a defence for the employer to prove that the wage or salary paid to the employee is not less favourable than all the pecuniary payments made to any other employee of the same grade.

Where an employee is remunerated otherwise than on a monthly basis, it shall be deemed, for the purpose of determining the appropriate additional remuneration, that a month, a fortnight or a week shall consist of such number of days as are prescribed in any other enactment or agreed upon in relation to that employee.
Notwithstanding any other enactment, an authorised officer may, for the purpose of ensuring compliance with this Act-

(a) enter any work premises or office of an employer;
inspect any book or record kept by an employer in relation to
(b) his employees;
(c) request an employer to furnish him with any information or document which he may require;
(d) prosecute a person who commits an offence;
(e) enter any action on behalf of an employee.

Notwithstanding any other enactment-

(a)
in the Island of Mauritius, the Industrial Court;
(b)
in Rodrigues, the Magistrate of Rodrigues;
(c) in the other islands under the jurisdiction of the State of
Mauritius, the Magistrate visiting those islands,

shall have exclusive jurisdiction to hear and determine any civil

or criminal proceedings under this Act.

7. Any person who-

contravenes section 3 or any subsidiary enactment under this
(a) Act;
(b) obstructs an authorised officer in the exercise of his powers under section 5;
(c) fails to comply with a request under section 5(c) or, in complying with the request, furnishes any information or document which he knows or should have known to be false or misleading in a material particular,

shall commit an offence and shall, on conviction, be liable to a

fine not exceeding five thousand rupees.

The Minister may make such regulations as he deems necessary for the purposes of this Act.
This Act shall be in addition to and not in derogation from any
other enactment.
This Act shall come into operation on the appointed day.

Passed in the Legislative Assembly on the twenty seventh day of June,

one thousand nine hundred and eighty.

GUY T. D'ESPAIGNET

Clerk of the Legislative Assembly

FIRST SCHEDULE (Section 2)

Agricultural Marketing Board Bank of Mauritius

Central Electricity Board

Central Housing Authority Central Water Authority

Development Bank of Mauritius

Development Works Corporation Mahatma Gandhi Institute

Mauritius Broadcasting Corporation Mauritius Co-operative Union Mauritius Housing Corporation Mauritius Institute of Education Mauritius Marine Authority Mauritius Meat Authority Mauritius Sugar Terminal Corporation National Transport Corporation Private Secondary Schools Authority State Insurance Corporation of Mauritius Sugar Industry Development Fund Sugar Industry Labour Welfare Fund Sugar Insurance Fund Sugar Millers Development Fund Sugar Planters Development Fund Sugar Planters' Mechanical Pool Corporation Tea Board Tea Development Authority Tobacco Board Town and Country Planning Board Valuation Tribunal Widows' and Children's Pension Scheme Board.

SECOND SCHEDULE (section 2)

Basic Wage or salary Additional remuneration (in rupees) (in percentage)

In respect of employees who earn up to Rs 550 per month or who are remunerated on a piece-rate basis	In respect of employees who earn up to Rs 550 per month or who are remunerated on a piece-rate basis	In respect of employees who earn up to Rs 550 per month or who are remunerated on a piece-rate basis	In respect of employees who earn up to Rs 550 per month or who are remunerated on a piece-rate basis	In respect of employees who earn up to Rs 550 per month or who are remunerated on a piece-rate basis	In respect of employees who earn up to Rs 550 per month or who are remunerated on a piece-rate basis	1l% rounded to the next 5 cents
Above	550	up to	600	per	...	... 63
Above	600	up	to	650	...	... 69
Above	650	up	to	700	...	... 74
Above	700	up	to	750	... ...	80
Above	750	up	to	800		85
Above	800	up	to	850	... ...	91
Above	850	up	to	900	... ...	96
Above	900	up	to	950	... ...	102
Above	950	up	to	1000	... ...	107
Above	1000	up	to	1100	... ...	115
Above	1100	up	to	1200	... ...	126
Above	1200	up	to	1300	... ...	137
Above	1300	up	to	1400	... ...	148
Above	1400	up	to	1500	... ...	159
Above	1500	up	to	2400	... ...	170
Above	2400	up	to	2700	... ...	180
Above	2700	up	to	3000	... ...	190
Above	3000	up	to	3300	... ...	200
Above	3300	up	to	3600	... ...	215
Above	3600	up	to	4000	... ...	230
Above	4000	up	to	5000	... ...	250
Above Above	5000 6000	up	to	6000	... ... ...	... 275 300