Mauritius enhances the role of trade unions in the employer/employee relationship

Four years ago, Mauritius brought about a new era in its employment laws by redefining the employer/employee relationship when it promulgated the Employment Rights Act 2008 (ERA), which came into force in February 2009.

This year Parliament sought to enhance the role of trade unions in the employer/employee relationship when it revised the ERA. Of interest to employers, a new provision now exists in the ERA, namely section 39B, in order to address the direct result of an international economic recession, namely the issues of reduction of workforce and closure of industries for economic reasons.

With this new provision, there is now in place a procedure by which, and a timeframe within which, an employer must first consult a trade union in relation to its proposed reduction of workforce or closure before informing the permanent secretary of the Ministry of Labour, Industrial Relations and Employment of it and proceeding to implement it. Furthermore, there is a method for redress should an employer not comply with these new provisions… 

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