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Act No. 21 of 1991

5 July 1991

Section

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

THE ADDITIONAL REMUNERATION ACT 1991

I assent,

ARRANGEMENT OF SECTIONS

An Act

To provide for the payment of an additional remuneration to all employees of the private sector to compensate them for an increase in the cost of living

ENACTED by the Parliament of Mauritius, as follows -

1. Short title

This Act may be cited as the Additional Remuneration Act 1991.

2. Interpretation.

In this Act -

'appointed day' means 1 July 1991;

'additional remuneration', in relation to an employee, means the appropriate amount determined in accordance with, or specified in, the second column of the Schedule corresponding to the salary payable to the employer and specified in the first column of that Schedule;

'anthorised officer", in relation to an employee, means the Permanent Secretary of the Ministry of Labour and Industrial Relations, or any public officer authorised by him or by the Minister;

"basic wage or salary" -

(a) means -

(i) in relation to an employee whose basic wage or salary is prescribed, such basic wage or salary, whether or not the employee's actual wage or salary exceeds the prescribed wage or salary or the employee is remunerated on a piece rate, basis or employed on task work;

V. RINGADOO Governor-General

(ii) in relation to an employee in respect of whom no wage or salary is prescribed or agreed upon in his contract of service, the total amount, by whatever name called, earned by him as from the appointed day;
(iii)in every other case, the basic wage or salary agreed upon in his contract of service, whether or not the employee's actual wage or salary exceeds the agreed wage or salary or the employee is remunerated on apiece rate basis or employed on task work;
(b) includes any previous additional remuneration granted by law;
(c) does not include any allowance, commission or other benefit not forming part of an employee's wage or salary but given in addition to his wage or Salary;

'employee" -

(a) means any person who works or has worked under a full-time or part-time contract of service or apprenticeship, whether the contract is express or implied, oral or in writing, and whether the person is paid daily, weekly, monthly or otherwise;
(b) does not include a public officer;

"Minister" means the Minister to whom responsibility for the subject of labour and industrial relations is assigned.

3. Payment of additional remuneration .

(1) Subject to subsection (4) and to section 9, every employer shall, as from the appointed day, pay to every employee, in his employment, in addition to the basic wage or salary payable to the employee the additional remuneration.
(2) Where the wage or salary of an employee is paid partly bone employer and partly by another, each employer shall pay that part of the additional remuneration which bears the same proportion to the additional remuneration as part of the wage or salary paid by him bears to the total wage or salary.
(3) Where an employer has paid during the period 1 July 1991 to 30 June 1991 an increase in wage or salary other than by virtue of the Additional Remuneration Act 1990 or an award of the Permanent Arbitration Tribunal or by way of an increment or increase on promotion, and such increase was specified in writing, or agreed upon by the employee, as being an increase in wage or salary designed specifically to compensate the employee for an increase in the cost of living in respect of the abovementioned period, there shall be sufficient compliance with subsection (1), in case such increase is less than the additional remuneration specified in subsection (1), if the employer pays the difference.
(4) Where an employee is remunerated on a piece rate basis rates prescribed in -
(a) the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983;
(b) the Baking Industry (Remuneration Order) Regulation 1976;
(c) the Cinema Workers (Remuneration Order) Regulation 1987; or
(d) in any other enactment,

such rates shall, as from the appointed day, be increased by 10.5%.

(5) Where civil or criminal proceedings are instituted again 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 less favourable than all the pecuniary payments made to any other employees of the same grade.

4. 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.

5. Payment to the Employees' Welfare Fund.

Every employer shall, in respect of the period of 12 months beginning on 1 July 1991, pay 2.5 per cent of the basic wage or salary of his employees to the National Pensions Fund for credit to a special fund established under the Finance and Audit Act and known as the Employees' Welfare Fund.

6. 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.

7. 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.

8. Offences .

Any person who -

(a) contravenes section 3 or 5 or any subsidiary enactment made under this Act;
(b) obstructs an authorised officer in the exercise of his powers under section 6;
(c) fails to comply with a request under section 6(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.

9. Regulations .

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

10. Application of Act .

This Act shall cease to apply in relation to any employee who is governed by an enactment where the enactment is amended after the commencement of this Act to include specifically the increase provided by this Act except where the actual wage or salary earned by an employee immediately before the appointed day exceeds the wage or salary prescribed for him under any

enactment.

ll. Saving .

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

enactment.

12. Commencement

.

This Act shall come into operation on the appointed day.

Passed by the Legislative Assembly on the twenty-eighth day of June one

thousand nine hundred and ninety-one.

SCHEDULE

(section 2)

In respect of employees whose basic wage or salary is Rs 2000

L. RIVALTZ QUENETTE Clerk of the Legislative

10.5% rounded up to the next rupee or, in the case of an per month or less employee in full-time employment, Rs 100 whichever is the higher Rs Above Rs 2000 up to Rs 3000 …… …… 210 Above Rs 3000 up to Rs 4000 …… …… 265 Above Rs 4000 up to Rs 5000 …… …… 320 Above Rs 5000 up to Rs 6000 …… …… 375 Above Rs 6000 up to Rs 7000 …… …… 430 Above Rs 7000 up to Rs 8000 …… …… 485 Above Rs 8000 …… …… 515