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Section

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

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

(10 August).

ENACTED by the Parliament of Mauritius, as follows--

Short title.

This Act may be cited as the Additional Remuneration Act 1982.

Interpretation.

In this Act-
'appointed day" means 1 July 1982.
'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'-

(a) means-
(i)
in relation to an employee who is remunerated on a piece rate basis, the amount which is-

THE ADDITIONAL REMUNERATION ACT 1982

Act No. 9 of 1982

I assent,

D.BURRENCHOBAY

10th August 1982 Governor-General

ARRANGEMENT OF SECTIONS

(A) payable in respect of his work; and
(B) either prescribed in any other enactment or agreed upon in his contract of service;
(ii) in relation to an employee who is employed on task work, the amount payable in respect of the work normally allotted to him immediately before the appointed day and prescribed in any other enactment or agreed upon in his contract of service;
(iii) 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 amount by whatever name called, which would have been earned by him as from the appointed day;
(iv)
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,
(b) 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 express or implied or is oral or in writing, and whether the person is paid daily, weekly, monthly or otherwise.

Payment of additional remuneration

(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.

Employees paid otherwise than on a monthly basis

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.

Powers of authorised officers.

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;
(b) inspect any book or record kept by an employer, in relation to 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.

Jurisdiction.

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.

Offences.

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 5,000 rupees.

Regulations.

The Minister may make such regulations as he thinks necessary for the purposes of this Act.

Application of Act.

This Act shall cease to apply in relation to any category of employees who are governed by a Remuneration Order where the Order is amended after the commencement of this Act to specifically include for the increase provided by this Act.

Saving.

This Act shall be in addition to and not in derogation from any other enactment.

Commencement

This Act shall be deemed to have come into operation on the appointed day.

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 College of the Air 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 In respect of employees who earn up to Rs 600 per month or who are 8.0% rounded up to the remunerated an a piece-rate basis next 25 cents

	Rs		Rs					Rs
Above	600	up	to 650	per	month	...	...	50
	650			700		...	...	54
	700			750				58
	750			800				62

800 850 66

850 900 70

900 950 ... 74

1O0O 950 ... 78

1000 1100 84

4100 1200 92

1200 1300 100

1300 1400 108

1400 1500 ... 116

1500 1690 ... 124

1600 1700 132

1700

135

flat