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Mauritius

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Mauritius

Standard working hours

In Mauritius, the standard working week is regulated by the Workers' Rights Act 2008, which allows for some flexibility through agreements between employers and employees.

The standard workweek is 45 hours. Employers can structure this in two ways:

  • A five-day workweek: 9 hours per day for five days.
  • A six-day workweek: 8 hours per day for five days and 5 hours on the remaining day.

There's a maximum daily limit of 12 hours, including a one-hour rest break, though this can be modified through agreements.

Employees can request flexitime arrangements, allowing for some variation in working hours. This is subject to employer approval.

Overtime

In Mauritius, overtime work is regulated by the Workers' Rights Act 2008 and requires compensation at a premium rate. Here's a breakdown of the key rules and how overtime is compensated:

Overtime applies when an employee works beyond the stipulated hours in their contract. There's a fortnightly threshold for overtime calculation. Any hours exceeding this threshold over a two-week period qualify as overtime.

Employees have the right to refuse overtime work unless stipulated in their employment contract or required by exceptional circumstances.

Employers generally need to inform employees at least 24 hours in advance about the need for overtime work.

Overtime work is compensated at a rate of 1.5 times the employee's normal hourly rate.

Working on public holidays or Sundays is considered overtime and attracts a premium rate of double the normal hourly rate. If working on these days falls within the fortnightly threshold, employers and employees may agree to forego the premium pay, but such agreements need to be documented.

If overtime work exceeds two hours after the employee's regular shift, the employer must provide a free meal or pay a meal allowance.

Rest periods and breaks

In Mauritius, workers are entitled to specific rest periods and breaks as mandated by the Workers' Rights Act 2019.

Rest Days

Every worker has the right to a minimum of one 24-hour rest day in every seven consecutive days. At least twice a month, this rest day must fall on a Sunday, unless otherwise agreed upon between the employer and the employee.

Meal Breaks

The legislation doesn't specify a mandated length for meal breaks. However, working hours are defined as excluding meal breaks. This implies that meal breaks are not counted towards an employee's working hours. Negotiation is key: Employers and employees can agree on a mutually beneficial schedule for meal breaks.

Tea Breaks

Workers are entitled to at least one break of 30 minutes for every 8 hours of work. Alternatively, they can have two tea breaks of 10 minutes each. If no agreement is reached between the employer and the employee, the Labour Inspectorate will decide the appropriate break schedule.

Night shift and weekend regulations

In Mauritius, employment law provides specific regulations for night shifts and weekend work to ensure employee well-being and fair compensation.

When it comes to night shift work, employees are entitled to a night shift allowance of 15% on top of their regular wage. The average working hours for night shift employees should not exceed 8 hours per 24-hour period, calculated over four weeks. There might be exceptions to the average working hour limit in specific industries, but these require written agreements between employers and employee representatives.

As for weekend work, employees are guaranteed a minimum of one 24-hour rest day every seven days. This rest period helps prevent burnout and ensures a healthy work-life balance. Working on Sundays is considered overtime work and qualifies for double the usual hourly rate. This incentivizes fair compensation for working outside regular work hours.

There are also additional considerations to keep in mind. Employers are prohibited from scheduling young people (under 18) to work between 10 pm and 5 am.

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