Non-Citizens (Employment Restriction) Act

Employment (Non-Citizens) (Restriction) Regulations 1973

[GN 51 of 1973 – 17 May 1973] [Section 10]

1. These regulations may be cited as the Employment (Non-Citizens) (Restriction) Regulations 1973.

2. In these regulations –

“Act” means the Non-Citizens (Employment Restriction) Act;

“applicant” means a person applying for a work permit under regulation 3;

“employment agency” means an agency holding a licence issued under section 3(5) of the Recruitment of Workers Act;

“work permit” means a permit issued under section 4 of the Act.

[Reg. 2 revoked and replaced by reg. 3 of GN 226 of 2011 w.e.f. 31 December 2011; amended by reg. 3 of GN 200 of 2013 w.e.f. 1 September 2013.]

3. Every application for a work permit shall –

(a) be made in the form set out in the First Schedule;

(b) be endorsed with the full name, office address and stamp of –

(i) the employment agency involved in the recruitment of the applicant; or

(ii) the employer where the recruitment is made directly by the employer;

(c) be completed in the applicant’s own handwriting;

(d) be accompanied by –

(i) an official copy of the applicant’s birth certificate;

(ii) a copy of the applicant’s contract of employment endorsed with the full name, office address and stamp of –

(A) the employment agency involved in his recruitment; or

(B) the employer where the recruitment is made directly by the employer;

(iii) such other documents as the Minister may require; and

(iv) except in the case of persons engaged in a religious institution or a charitable institution approved by the Minister, a fee of 700 rupees.

[Reg. 3 revoked and replaced by reg. 3 of GN 245 of 1978 w.e.f. 18 November 1978; amended by reg. 3 of GN 223 of 1982 w.e.f. 21 September 1982; reg. 3 of GN 56 of 1993 w.e.f. 3 April 1993; reg. 3 of GN 67 of 2004 w.e.f. 5 June 2004; revoked and replaced by reg. 4 of GN 226 of 2011 w.e.f. 31 December 2011; amended by reg. 4 of GN 200 of 2013 w.e.f. 1 September 2013.]

4. (1) A work permit issued, under section 4 of the Act, in respect of a non-citizen, shall be in the form set out in Part I of the Second Schedule.

(2) A work permit issued under section 4 of the Act, in respect of more than one non-citizen, shall be in the form set out in Part II of the Second Schedule.

(3) Every work permit issued under the Act shall remain the property of the Government of Mauritius.

[Reg. 4 revoked and replaced reg. 3 of GN 157 of 1999 w.e.f. 23 October 1999.]

5. Every certificate issued to any person who is exempt from any of the provisions of the Act shall be in the form set out in the Third Schedule.

6. Every authorisation issued to an authorised person under section 5 of the Act shall be in the form set out in the Fourth Schedule.

7. If any change occurs in circumstances so as to affect the accuracy of any particulars furnished by any person under the Act for the purpose of procuring for himself, or for any other person the grant of a work permit, the person who furnished the particulars shall, within 15 days of the occurrence, notify the Minister in writing of the change.

7A. The employer of a non-citizen, in relation to whom a valid work permit is in force, shall, in every case where the non-citizen is –

(a) absent from work without authorisation and without the employer being aware of his whereabouts; or

(b) missing from the lodging accommodation provided by the employer without the employer being aware of his whereabouts,

for more than 5 consecutive working days, forthwith notify the immigration officer and the Permanent Secretary of the Ministry responsible for the subject of employment, in writing, of such absence or case of missing person, as the case may be.

[Reg. 7A inserted by reg. 5 of GN 200 of 2013 w.e.f. 1 September 2013.]

8. There shall be kept at the Ministry responsible for the subject of employment a register, in a form approved by the Minister, of persons to whom or in respect of whom work permits have been issued.

9.

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FIRST SCHEDULE

[Regulation 3]

APPLICATION FOR WORK PERMIT

SECTION 1 – TO BE FILLED AND SIGNED BY APPLICANT

SECTION 2 – TO BE FILLED AND SIGNED BY EMPLOYER

1. This is to certify that ...................................................................................... Co. Ltd. proposes to employ Mr/Mrs/Miss .....................................................

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