Recruitment of Workers Act

Recruitment of Workers Regulations 1994

[GN 134 of 1994 – 23 July 1994] [Section 11]

1. These regulations may be cited as the Recruitment of Workers Regulations 1994.

2. In these regulations –

"Act" means the Recruitment of Workers Act;

"applicant for employment" means any person applying for employment, work, or hire of his services, at an employment agency;

"applicant for workers" means any person applying for the procurement of any worker for his services at an employment agency;

"non-citizen" has the same meaning as in the Non-Citizens (Employment Restriction) Act;

"quarter" means the period of 3 months ending on 31 March, 30 June, 30 September or 31 December, in any year;

"vacancy" means a local or overseas vacancy.

[Reg. 2 amended by reg. 3 of GN 71 of 2004 w.e.f. 15 May 2004.]

3. Every application for a licence under section 3 of the Act shall be –

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

(b) accompanied by such document as the licensing authority may require.

4. Every licence shall be in the form set out in the Second Schedule.

5. The licensing authority may make such enquiries as it may determine before issuing or renewing a licence.

6. The security to be furnished under section 3 of the Act shall, in the case of an applicant who proposes to recruit citizens of Mauritius for employment abroad, or non-citizens for employment in Mauritius, be of the value of 500,000 rupees.

[Reg. 6 amended by reg. 3 of GN 225 of 2011 w.e.f. 31 December 2011.]

7. The fee payable for the issue or renewal of a licence shall be 12,000 rupees.

[Reg. 7 amended by reg. 3 of GN 155 of 2013 w.e.f. 1 July 2013.]

8. Every licensee shall display the licence granted to him under the Act in a conspicuous place at his business premises.

9. (1) Every contract of employment entered into between –

(a) an employer and a citizen of Mauritius recruited for employment abroad; or

(b) an employer and a non-citizen recruited for employment in Mauritius,

shall be drawn up in triplicate in the English or French language and shall contain the terms and conditions specified in the Third Schedule.

(2) The licensee shall keep a copy of the contract of employment and give a copy to the worker and to the licensing authority.

(3) The contract of employment shall be endorsed with the full name, office address and stamp of –

(a) the licensee; or

(b) the employer, where the recruitment is made directly by the employer.

(4) The licensee or the employer, as the case may be, shall ensure that the contract of employment contains all the conditions specified in the Act and in these regulations.

[Reg. 9 amended by reg. 4 of GN 225 of 2011 w.e.f. 31 December 2011.]

10. Every licensee shall maintain a register in the form approved by the licensing authority in relation to –

(a) applicants for employment;

(b) applicants for workers.

11. Every licensee –

(a) shall exhibit in a conspicuous place at his business premises the scale of fees specified in the Fourth Schedule; and

(b) shall neither charge nor receive any fee otherwise than as specified in the Fourth Schedule.

[Rp 8 of 1994 w.e.f. 29 October 1994.]

12. (1) Every licensee shall, within 2 working days of receiving a written request by an employer for recruitment, notify the vacancy to the licensing authority in the form set out in the Fifth Schedule.

(2) Every licensee shall, within 10 days of the expiry of every quarter, submit to the licensing authority –

(a) in relation to vacancies notified by employers, a consolidated return in the form set out in the Sixth Schedule;

(b) a return, in the form set out in the Seventh Schedule, in relation to –

(i) citizens of Mauritius placed in employment in Mauritius;

(ii) citizens of Mauritius placed in employment abroad;

(iii) non-citizens placed in employment in Mauritius.

[Reg. 12 revoked and replaced by reg. 4 of GN 71 of 2004 w.e.f. 15 May 2004.]

13. Every licensee shall allow the licensing authority, or any officer authorised by him, to enter at any reasonable time, the licensee's business premises and inspect the licensee's register and any other document relating to his business.

14.

_______________

FIRST SCHEDULE

[Regulation 3]

APPLICATION FOR RECRUITMENT LICENCE

1. Full name of applicant ...................................................................................................

2. Office address ...............................................................................................................

3. Where the applicant is a Company, name of its legal representative ...................................

............................................................................................................................................

4. Category of workers to be recruited –

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