Employment Relations Act

Attorneys' and Notaries' Workers (Remuneration) Regulations 2010

[GN 192 of 2010 – 1 September 2010] [Section 93]

1. These regulations may be cited as the Attorneys' and Notaries' Workers (Remuneration) Regulations 2010.

2. In these regulations –

"clerk" means a person employed by an attorney or a notary for –

(a) the purpose of performing duties in connection with legal matters;

(b) attending Courts and registration and mortgage office; or

(c) performing such other duties relating or pertaining to the profession of attorney or notary;

"earnings" –

(a) means basic wages; and

(b) includes –

 (i) wages for work done in excess of a normal day's work;

 (ii) remuneration paid under paragraphs 6, 7, 8, 9, 10(1)(a), (2), (3) and 17 of the Second Schedule;

"secretary" means a person who is engaged wholly or mainly in typing documents according to given instructions and whose duties may include –

(a) operating a telephone switchboard; and

(b) receiving, recording and passing on telephone messages;

"worker" means –

(a) a person employed by an attorney or a notary; and

(b) does not include a person governed by any other Remuneration Regulations.

3. (1) Subject to the other provisions of this regulation and to regulation 5, every worker shall be –

 (a) remunerated at the rates specified for his category in the First Schedule; and

 (b) governed by the conditions of employment specified in the Second Schedule.

(2) The rates specified in the First Schedule are inclusive of the appropriate additional remuneration payable under the Additional Remuneration (2013) Act 2012.

(3) Subject to paragraph (4), where a salary scale applies to a worker, that worker shall be entitled to –

 (a) one increment for every year of service the worker reckons with his present employer in the same grade or category until he reaches the top wages of the salary scale applicable to that grade or category; and

 (b) one increment for every 2 years of service the worker reckons with his past employer in the same grade or category until he reaches the top wages of the salary scale applicable to that grade or category.

(4) Where a clerk passes the examination prescribed for ushers, that clerk shall, in addition to any increment payable under paragraph (3), be entitled to 2 increments.

[Editorial Note – Regulation 3(2) is amended on a yearly basis to specify the rates for the remuneration for the particular financial year. List of GNs amending it is not reproduced.]

4. Any agreement by a worker to relinquish his right to paid holiday or to forego such leave shall be void.

5. Nothing in these regulations shall –

(a) prevent an employer from paying a worker remuneration at a rate higher than that specified in the First Schedule or from providing the worker with conditions of employment more favourable than those specified in the Second Schedule;

(b) authorise an employer to reduce a worker's remuneration or to alter the worker's conditions of employment so as to make them less favourable.

6. - 7. 

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FIRST SCHEDULE

[Editorial Note The First Schedule has not been reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year.]

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SECOND SCHEDULE

[Regulations 2, 3(1)(b) and 5]

1. Normal working hours

A normal working week of a worker shall consist of 32.5 hours of work, excluding time allowed for meal and tea breaks, and shall be made up of 6.5 hours of work a day during 5 days of the week, other than a Saturday or a public holiday.

2. Meal and tea breaks

Every worker shall be entitled on every working day to –

(a) a meal break of one hour; and

(b) a tea break of 15 minutes.

3. Extra work

A worker who performs more than a normal day's work on any working day, other than a public holiday, shall be remunerated at one and a half times the
basic rate per hour.

4. Notional calculation of basic rate

For the purpose of determining remuneration due for extra work or for any
other reasons –

(a) a month shall be deemed to consist of 22 days; and

(b) a day shall be deemed to consist of 6.5 hours.

5. Payment of remuneration

(1) Every employer shall pay the wages due to a worker during working hours, not later than 3 working days before the end of the month and may, where there is an agreement, be credited into the worker's bank account.

(2) Every employer shall, at the time of paying the wages of a worker, issue to that worker a payslip stating inter alia

 (a) the worker's name, National Identity Card Number, category, job title, grade and basic wages;

 (b) the total number of days present at work;

 (c) the number of hours of extra work and the corresponding
extra payment;

 (d) the total wages and each item of allowance; and

 (e) every deduction made and the reason thereof.

6. Annual leave

(1) Where a worker remains in continuous employment with the same employer for a period of 12 consecutive months, that worker shall, in the following 12 months, be entitled to 14 working days' annual leave on full pay.

(2) (a) Seven days of the annual leave may be taken consecutively at such time as the worker may, on application made to and approved by the employer, elect.

 (b) The remaining 7 days shall be taken at such time as the worker and the employer may agree or, in default of agreement, at such time as the employer may determine.

(3) (a) Subject to sub subparagraph (b), a worker shall be paid a normal day's pay in respect of each day's annual leave still due at the end of a period of 12 consecutive months.

 (b) A worker shall not be entitled to a normal day's pay as specified in sub subparagraph (a) where that worker has been dismissed from employment for misconduct.

7. Sick leave

(1) Subject to subparagraph(4), where a worker remains in continuous employment with the same employer for a period of 12 consecutive months, that worker shall, during the following 12 months, be entitled to 21 days' sick leave on full pay.

(2) Where at the end of the period of 12 consecutive months, a worker has not taken the sick leave to which he is entitled under subparagraph (1), any outstanding sick leave shall be accumulated to a maximum of 90 working days.

(3) Where a worker has exhausted the sick leave provided for under subparagraph (1) and has wholly spent time –

 (a) in a hospital, public or private;

 (b) for convalescence purposes after discharge from a public or private hospital, certified by a medical practitioner,

any additional sick leave granted may be deducted from the accumulated sick leave.

(4) (a) Where a worker is absent on grounds of sickness, he shall, except where the employer is aware of the nature of the sickness, notify the employer of the sickness as soon as possible.

(b) Where a worker is sick for more than 4 consecutive days, he shall forward to the employer a medical certificate –

  (i) within 3 days following the worker's discharge, where the worker was admitted to a public or private hospital; or

  (ii) on the day following the fourth day of absence, in any other case.

(5) An employer may, at his discretion and at his own expense, cause a worker who is absent on grounds of sickness to be medically examined by a medical practitioner of his choice.

8. Study leave

(1) Where a worker remains in continuous employment with the same employer for 12 consecutive months, that worker shall –

 (a) be entitled to leave on full pay for the purpose of sitting for a legal examination;

 (b) be given at least half day's time off with pay twice a week for tuition for the purpose of preparing for a legal examination;

 (c) subject to subparagraph (2), be entitled to one month's leave on half pay for the purpose of preparing for a legal examination.

(2) No worker shall be entitled to the leave specified under subparagraph (1)(c) for more than 3 attempts at the same legal examination.

9. Special leave

Where a worker remains in continuous employment with the same employer for a period of 12 consecutive months, the worker shall be entitled to –

(a) 5 days' special leave on full pay on the occasion of the celebration of the worker's first religious or civil marriage;

(b) 3 days' special leave on full pay on the occasion of the first religious or civil marriage of the worker's son or daughter; or

(c) 3 days' special leave on full pay on the death of the worker's spouse, child, father, mother, brother or sister.

10. Maternity benefits

(1) A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to –

 (a) 12 weeks' maternity leave on full pay, to be taken either –

  (i) before confinement, provided that at least 6 weeks' maternity leave shall be taken immediately following the confinement; or

  (ii) after confinement; and

 (b) an allowance of 3,000 rupees, payable within 7 days of her confinement.

(2) Where a female worker who has been in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave specified in this paragraph, gives birth to a still-born child, she shall, on production of a medical certificate, be entitled to 12 weeks' leave on full pay.

(3) Where a female worker suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks' leave on full pay immediately after the miscarriage.

(4) A female worker who reckons less than 12 months' continuous employment shall not be entitled to the benefit specified in subparagraph (1)(b), but shall be entitled to the maternity leave specified in subparagraphs (1)(a) or (2), as the case may be, without pay.

(5) (a) A female worker who is nursing her unweaned child shall, for that purpose, be entitled every day at a time convenient to her and having regard to the needs of the child to at least –

  (i) 2 breaks of half-hour or

  (ii) one break of one hour.

 (b) The break specified in subparagraph (a) shall –

  (i) be for a period of 6 months from the date of confinement or such longer period as may be recommended by a medical practitioner; and

  (ii) not be deducted from the number of hours of work of the female worker.

[Para. 10 amended by s. 30 of Act 33 of 2008 w.e.f. 11 June 2013.]

11. Medical facilities

Every worker shall, on the recommendation of any eye specialist, be paid an allowance of 3,000 rupees for the purchase of spectacles, every 2 years.

12. Transport benefits and facilities

(1) An employer shall, where the distance between a worker's residence and the worker's place of work exceeds 3 kilometres, provide the worker with free transport from the residence to the place of work and from the place of work to the worker's residence, or pay the worker the equivalent of the return bus fare.

(2) An employer shall, irrespective of the distance between a worker's residence and the place of work, provide the worker with free transport from the worker's residence to the place of work and from the place of work to the worker's residence, where the worker is required by the employer to attend or cease work at any time when no public service bus is available.

(3) Where a clerk is called upon to attend duties over 1.6 kilometres away from the normal place of employment, the clerk shall be paid the return bus fare and if no bus is available, the amount actually spent on transport.

13. Meal allowance

Where a clerk has to spend the day at a distance of 5 kilometres or over from the normal place of employment for the purpose of the employer's business, the clerk shall be entitled to an allowance of 50 rupees.

14. End of year bonus

(1) Where a worker remains in continuous employment with the same employer in a year, the worker shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(2) Every worker who –

 (a) takes employment during the course of the year;

 (b) is still in employment as at 31 December; and

 (c) has performed a number of normal days' work equivalent to not less than 80 per cent of the working days in that year,

shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(3) Seventy-five per cent of the expected bonus specified in subparagraphs (1) and (2) shall be paid not later than 5 clear working days before 25 December and the remaining balance not later than on the last working day of the same year.

(4) For the purpose of this paragraph, a day where a worker –

 (a) is absent with the employer's authorisation;

 (b) reports for work but is not offered work by the employer; or

 (c) is absent on grounds of –

  (i) illness after notification to the employer under paragraph 7(4); or

  (ii) injury arising out of and in the course of his employment,

shall count as a working day.

15. Death grant

(1) Subject to subparagraph (2), where a worker dies, the employer shall pay a gratuity of 3,500 rupees to the –

 (a) surviving spouse of the deceased worker for funeral purposes; or

 (b) person who has borne the funeral expenses, where the deceased worker leaves no surviving spouse.

(2) A worker referred to in subparagraph (1) should have been in continuous employment with the same employer for a period of 12 consecutive months.

(3) In this paragraph –

 "spouse" means the person with whom a deceased worker had contracted a civil or religious marriage and with whom he or she was living under a common roof at the time of the worker's death.

16. Certificate of employment

(1) Where a worker leaves the employment of an employer, the employer shall, not later than the day on which the worker leaves the employment, issue to the worker a certificate stating the duration of the worker's time of employment, the post held and if the worker so desires, the rate of remuneration.

(2) A certificate issued under subparagraph (1) shall not contain anything unfavourable to the worker.

17. Vacation leave

(1) A worker who remains in continuous employment with the same employer for a period of not less than 10 years, shall be entitled to a vacation leave of not less than 2 months to be spent wholly or partly abroad, or locally, at the worker's discretion.

(2) Subject to subparagraph (1) at least one month of the vacation leave shall be with pay, and such pay shall, in case the worker intends to spend the vacation wholly or partly abroad, be effected in advance and at least 7 days before the worker proceeds abroad.

(3) A vacation leave shall be deemed to constitute attendance at work.

18. Gratuity on retirement before the age of 60 on medical grounds

(1) Subject to subparagraph (2), an employer shall pay a gratuity to a worker where the worker retires before the age of 60 on the grounds of permanent incapacity to perform his or her work and where such incapacity is duly certified by a government medical practitioner, irrespective of any benefits the worker may be entitled to under the National Pensions Act.

(2) A worker referred to in subparagraph (1) should have been in continuous employment with the same employer for a period of not less than 10 years.

(3) The gratuity referred to in subparagraph (1) shall be –

 (a) calculated on the basis of 15 days' basic wages per year of service of the worker; and

 (b) paid in a lump sum.

(4) In this paragraph –

 "basic wages" means a worker's last drawn basic wages; and

 "years of service" shall be computed as from the first day of the period during which a worker has been in continuous employment with the same employer up to his last day of employment.

19. Gratuity at death

(1) Subject to subparagraph (2), where a worker dies, his employer shall pay a gratuity to the spouse of the deceased worker or, where there is no surviving spouse, in equal proportions to the dependants of the deceased worker, irrespective of any benefits the spouse or the dependants of the deceased worker may be entitled to under the National Pensions Act.

(2) A worker referred to in subparagraph (1) should have been in continuous employment with the same employer for a period of not less than 10 years.

(3) The gratuity referred to in subparagraph (1) shall be –

 (a) calculated on the basis of 15 days' basic wages for every period of 12 months' continuous service of the deceased worker; and

 (b) paid in a lump sum.

(4) In this paragraph –

 "basic wages" means a deceased worker's last drawn basic wages;

 "continuous service" shall be computed as from the first day of the period during which a deceased worker has been in continuous employment with the same employer up to his last day of employment;

 "dependant" means any person who was living in a deceased worker's household and was wholly or partly dependent on the worker's earnings at the time of the worker's death; and

 "spouse" means the person with whom a deceased worker had contracted a civil or religious marriage and with whom he or she was living under a common roof at the time of the worker's death.

20. Provision of black coat

(1) An employer shall, every 2 years, provide a black coat to every worker who is required to attend Court.

(2) The first issue of the black coat shall be effected not later than the first time the worker is required to attend Court and thereafter at the beginning of the year when Court resumes.

(3) The black coat shall remain the property of the employer.

[Second Sch. amended by s. 30 of Act 33 of 2008 w.e.f. 11 June 2013.]

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Baking Industry (Remuneration Order) Regulations 2003

[GN 130 of 2003 – 1 July 2003] [Section 93]

1. These regulations may be cited as the Baking Industry (Remuneration Order) Regulations 2003.

2. In these regulations –

"assistant machine operator" means an employee who works under the supervision of a machine operator;

"bag of flour" means a bag of flour of a net weight of not more than 50 kilogrammes;

"bakery" means any premises used in the manufacture of bread, biscuits, cakes or pastry;

"bakery operator", in respect of an industrial bakery or semi-automated bakery, means an employee who is required, during any working period, to attend to, or operate, a set of machines engaged in one of the following sequences of operation –

(a) the mixing of flour up to the manufacture of raw bread; or

(b) the fermentation stage up to the unloading of the baked product;

"baking industry" means any business, trade or undertaking for the manufacture of bread, biscuits, cakes or pastry;

"basic wages" mean wages as specified in the First Schedule;

"brigadier" or "oven operator" –

(a) means an employee who is mainly engaged in firing, controlling or operating an oven; and

(b) includes an employee commonly known as "enfourneur" or "défourneur";

"clerk" means an employee who is –

(a) in charge of materials and tools; and

(b) responsible for stocks, orders and issues thereof, and for the keeping of records;

"continuous employment" means the employment of a person under an agreement, or under more than one agreement where the interval between one agreement and the next does not exceed 28 days;

"continuous service", for the purposes of paragraphs 4, 7 and 8 of the Second Schedule, means in respect of –

(a) an employee performing night work in a bakery as specified in paragraph 1(3) of the First Schedule, 216 days' work;

(b) any other employee, 252 days' work in any period of 12 consecutive months;

"coupeur" means an employee who is engaged, wholly or mainly, in cutting dough for loaves;

"driver" means an employee who holds a valid driving licence, drives and is in charge of a motor vehicle used exclusively in the baking industry;

"earnings" –

(a) means basic wages; and

(b) includes –

 (i) wages for work done in excess of a normal day's work or on a public holiday;

 (ii) in the case of an employee specified in paragraph 1(3) of the First Schedule, any amount earned for additional bags manipulated; and

 (iii) remuneration paid under paragraphs 4, 7(1), 8 and 9(1)(a), (2) and (4) of the Second Schedule;

"employee" means a person who is employed in the baking industry;

"employer" means an employer in the baking industry;

"fleurage" means dry flour used for the purpose of handling dough;

"hand packer" means an employee employed in the baking industry, and who is required to do one or more of the following duties –

(a) slicing of loaves or other bakery products;

(b) carrying out manual sorting of bakery products;

(c) wrapping and packing of bakery products by hand, or mechanically, in boxes, bags, or otherwise;

(d) placing labels on bakery products by glueing, or otherwise;

(e) carrying out any other similar or related task of a repetitive or routine nature;

"handyperson" means an employee engaged in an industrial bakery, or semi-automated bakery, to assist the bakery operator and to perform any other casual piece of work in the bakery;

"industrial bakery" means a bakery where mechanical power is used throughout the bread-manufacturing process, except the cutting process in the manufacture of pain maison which is done manually, and which should be equipped with the following machines –

(a) a flour sieve, manual or mechanical;

(b) an electric mixer;

(c) a rack oven;

(d) a water cooler;

(e) a fermentation room –

 (i) in case pain baguette is manufactured, an electrical dough-divider and a moulder;

 (ii) in case pain rond is manufactured, an automatic dough dividing and rounding machine; and

 (iii) in case pain maison is manufactured, a moulder;

"machine operator" –

(a) means an employee who is responsible for the operation of a machine to process or cut dough; but

(b) does not include a coupeur or a mixer;

"mechanised bakery" means a bakery where mechanical power is used in any part of the manufacturing process;

"Minister" means the Minister to whom responsibility for the subject of labour, industrial relation and employment is assigned;

"mixer" –

(a) means an employee who is engaged in the mixing of flour and the appropriate ingredients for the preparation of dough, either manually or mechanically; and

(b) includes an employee commonly known as pétrisseur, façonneur, pâtissier or décorateur;

"salesperson" means an employee who is –

(a) exclusively engaged in the actual sale of bread, biscuits, on behalf of a baker; and

(b) responsible for the proceeds of the sale;

"semi-automated bakery" means a bakery where all production operations, except the cutting process in the manufacture of "pain maison" which is done manually, are mechanically processed, mostly by means of electronic machines, and which should be equipped with the following machines –

(a) a flour sieve (manual or mechanical);

(b) a water cooler;

(c) a water meter;

(d) electric mixer(s);

(e) elevator(s);

(f) rack oven(s);

(g) a fermentation room –

 (i) in case pain baguette is manufactured, an automatic baguette-line equipped with an automatic divider, a conical rounder, intermediate proofers and a moulding station;

 (ii) in case pain rond is manufactured, an automatic dough dividing, rounding and depositing machine; and

 (iii) in case pain maison is manufactured, a moulder or the same equipment as provided in subparagraph (i) above;

"team" means –

(a) in respect of a semi-automated bakery, a group of employees comprising 2 bakery operators and at least 2 handypersons, and where pain maison is also manufactured, at least 2 coupeurs;

(b) in respect of an industrial bakery, a group of employees comprising 2 bakery operators and at least 3 handypersons, and where pain maison is also manufactured, at least 2 coupeurs; and

(c) in respect of a mechanised bakery, a team of not less than 9 employees comprising 2 coupeurs, one brigadier, 3 mixers and 3 unskilled employees;

"unskilled employee" means an employee, commonly known as manoeuvre or helper, who is required to perform any casual piece of work in a bakery.

3. (1) For the purpose of computing an employee's continuous service –

 (a) every day on which an employee is absent on approved annual leave or sick leave;

 (b) a day on which an employee is on prolonged illness;

 (c) every day on which an employee is absent on maternity leave;

 (d) a day on which an employer is unable to provide work;

 (e) a day on which a cyclone warning Class III or IV is in force; or

 (f) injury leave, following injury arising out of and in the course of employment,

shall be deemed to be a working day.

(2) Any amount payable under paragraphs 4, 7, 8 and 9 of the Second Schedule, shall be determined as specified in the First Schedule.

4. (1) Subject to the other provisions of this regulation and regulation 8, every employee shall be –

 (a) remunerated at the rate specified in the First Schedule;

 (b) governed by the conditions of employment specified in the Second Schedule.

(2) Where a scale of wages applies to an employee, he shall be entitled to –

 (a) the initial wages prescribed in the scale which applies to him; and

 (b) one increment in respect of every period of 12 months' continuous employment he reckons with his employer in the category in which he is employed.

(3) The rate payable to a coupeur in an industrial bakery or a semi-automated bakery shall be that specified for a coupeur in paragraph 1(3) of the First Schedule and paragraph 1(4) of the Second Schedule.

(4) The remuneration for work performed at night by bakery operators and handypersons in the semi-automated bakery and the industrial bakery shall be calculated as specified in paragraph 1(1) and (2) of the First Schedule.

(5) The remuneration for additional bags in respect of employees specified at paragraph 1(3) of the First Schedule shall be calculated on the basis of one-thirteenth of the basic wages times one and a half for every additional bag.

(6) Where an employee is called upon to replace another employee drawing higher wages, he shall be paid the wages payable to that other employee.

(7) (a) Where the amount of work specified in paragraph 1(3)(a) of the Second Schedule is performed by a lesser number of employees than that specified for a team, the remuneration that would have accrued to an absent employee shall be equitably distributed among those who have performed the work of the absent employee.

 (b) In the event of any disagreement among the employees under subparagraph (a) as to the distribution of the remuneration of an absent employee, the distribution shall be in such manner as may be determined by the Principal Labour and Industrial Relation Officer.

[Editorial NoteRegulation 4(1)(a) is amended on a yearly basis to specify the rates for the remuneration for the particular financial year. List of GNs amending it is not reproduced.]

5. No employee, other than an unskilled employee or a handyperson, shall be compelled to clean a bakery.

6. (1) Every employer shall keep –

 (a) an attendance book in the form set out in the Third Schedule;

 (b) a wages book in the form set out in the Fourth Schedule.

(2) Every employer in a bakery specified in paragraph 1 of the First Schedule shall keep a flour manipulation record book in the form set out in the Fifth Schedule.

7. Any agreement by an employee to relinquish his right to a paid holiday or to forego leave to which he is entitled shall be void.

8. Nothing in these regulations shall –

(a) prevent an employer from remunerating an employee at a rate higher than that specified in the First Schedule or from providing him with conditions of employment more favourable than those specified in the Second Schedule;

(b) authorise an employer to reduce an employee's remuneration or to alter his conditions of employment so as to make them less favourable.

9. - 10. –

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FIRST SCHEDULE

[Editorial Note – The First Schedule has not been reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year.]

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SECOND SCHEDULE

[Regulations 3, 4 and 8]

1. Specific provisions applicable to employment in bread manufacture

PART A – PROVISIONS APPLICABLE TO ALL TYPES OF BAKERY (MECHANISED, INDUSTRIAL AND SEMI-AUTOMATED)

(1) (a) Night work shall start not earlier than 5.00 p.m. and end not later than 7.00 a.m. on the following day.

 (b) Day work shall start not earlier than 5.00 a.m. and end not later than 7.00 p.m.

 (c) Every employee shall be entitled, during every working period to –

  (i) a meal break of one hour; and

  (ii) 2 tea breaks of 15 minutes each, the first to be taken not earlier than 2 hours before the meal and the second not later than 2 hours after the meal.

 (d) The employer shall provide tea, during each of the tea breaks during night work, to the employee.

PART B – PROVISIONS SPECIFICALLY APPLICABLE TO MECHANISED BAKERY

(2) Every employee in a night team shall work on a roster basis of 4 days' work followed by 2 days' rest and every employee in a day team shall work on a roster basis of 6 days' work followed by one day's rest.

(3) (a) A team may be required to manipulate, including fleurage, not less than –

  (i) 13 bags of flour during day work; or

  (ii) 20 bags of flour during night work.

 (b) Where a team is required to manipulate more than the number of bags specified in sub subparagraph (a), the number of bags to be manipulated shall be indicated at the start of work.

(4) An employee specified in paragraph 1(3) of the First Schedule who performs –

 (a) work on a public holiday, shall be paid at twice the rate specified in the Schedule;

 (b) night work which falls partly on a public holiday and partly on a day other than a public holiday shall be paid for that night work at one and a half times the rate specified in the Schedule.

(5) Where a team is required to manipulate a number of bags of flour which is less than the number of bags specified in subparagraph (3)(a), every employee of that team shall be paid –

 (a) subject to sub subparagraph (b), as if the team had manipulated the number of bags specified in subparagraph (3)(a) in respect of that team;

 (b) in the case of an employee performing night work –

  (i) in accordance with sub subparagraph (a); or

  (ii) by agreement between the employee and the employer –

   (A) at the rate specified in paragraph 1(3) of the First Schedule, in respect of the actual number of bags manipulated; or

   (B) the daily basic wage specified in paragraph 1(3) of the First Schedule,

whichever is the higher.

PART C – PROVISION SPECIFICALLY APPLICABLE TO INDUSTRIAL BAKERY AND SEMI-AUTOMATED BAKERY

(6) (a) Every employee in a night team shall work on a roster basis of 4 days' work followed by one day's rest and every employee in a day team shall work on a roster basis of 6 days' work followed by one day's rest.

 (b) A normal day's work for an employee in a team in an industrial bakery or semi-automated bakery during any working period shall, excluding time allowed for meal and tea breaks, consist of 8 hours.

(7) Where an employee, other than a coupeur

 (a) works on a public holiday, he shall be remunerated –

  (i) for the first 8 hours, at twice the basic rate; and

  (ii) thereafter, at 3 times the basic rate;

 (b) performs more than a normal day's work on any day, other than a public holiday, he shall be remunerated at one and a half times the basic rate per hour.

2. Specific provisions applicable to employment other than in bread manufacture

(1) The normal working week for an employee shall, excluding time allowed for lunch and tea breaks, consist of 45 hours, made up of 8 hours on 5 days of the week and 5 hours on one day of the week.

(2) An employee shall be entitled on every working day to –

 (i) a lunch break of one hour;

 (ii) 2 tea breaks of 15 minutes each, the first to be taken not earlier than 2 hours before lunch and the second not later than 2 hours after lunch.

(3) Where an employee –

 (a) works on a public holiday, he shall be remunerated –

  (i) for the first 8 hours, at twice the basic rate; and

  (ii) thereafter, at 3 times the basic rate;

 (b) performs more than a normal day's work on any day, other than a public holiday, he shall be remunerated at one and a half times the basic rate per hour.

3. Notional calculation of basic rate

For the purpose of determining remuneration due for extra work or for any other cause –

(a) a month shall be deemed to consist of 26 days;

(b) a day shall be deemed to consist of 8 hours.

4. Extra remuneration for public holidays

(1) Where an employee, other than a monthly paid employee or an employee specified in paragraph 1(3) of the First Schedule, has been in continuous service with the same employer, he shall be entitled, in the following period of 12 consecutive months, to a normal day's pay in respect of every public holiday, other than a Sunday, that occurs while he is in the service of the employer and on which he is not required to work.

(2) Where an employee who would otherwise have been entitled to a normal day's wages under subparagraph (1) or a monthly paid employee is called upon to work on a public holiday, other than a Sunday, he shall be paid at the end of the next pay period one normal day's wages in addition to any remuneration due under paragraphs 1(7)(a) or 2(3)(a)(i), as the case may be.

5. Meal allowance

Where an employee, other than an employee specified in subparagraph 1(3) of the First Schedule, has completed a normal day's work and is required to perform extra work beyond 7.00 p.m., he shall, in addition to any payment due for the extra work, be also paid a meal allowance of 25 rupees in respect of that day.

6. Payment of remuneration

(1) Every employee shall be paid his wages during working hours –

 (a) in the case of a monthly paid employee, not later than the second working day in the following month;

 (b) in any other case, not later than the last normal working day of the week.

(2) Every employer shall, at the time of paying the wages of an employee, issue to him a payslip, signed by the employer or any person authorised by the employer, stating, inter alia –

 (a) the employee's name, category, rate of pay and his National Identity Card number;

 (b) the total number of days on which he was present at work;

 (c) where applicable, the hours of extra work and the corresponding extra payment;

 (d) his total wages and every item of allowance;

 (e) every deduction made and the reasons thereof; and

 (f) such other particulars as may be required by the Minister.

7. Annual leave

(1) Subject to subparagraph (2), where an employee has been in continuous service with the same employer, he shall be entitled to 14 working days' leave on full pay during the following period of 12 consecutive months.

(2) (a) Subject to subparagraph (b), 7 days of the leave may be taken either consecutively or otherwise, provided the employee has given reasonable notice to his employer.

(b) The employer shall not, without reasonable cause, withhold the granting of leave under subparagraph (a).

(c) The remaining 7 days shall be taken at such time as the employer and the employee may agree or, in default of agreement, at such time as the employer may determine.

(3) Subject to subparagraph (4), where an employee has not taken or been granted all the leave to which he is entitled under subparagraph (1), he shall be paid a normal day's pay in respect of every day's annual leave still due at the end of that period.

(4) Subparagraph (3) shall not apply where an employee is, before the expiry of the period of 12 months, dismissed for misconduct.

8. Sick leave

(1) Where an employee who has been in continuous service with the same employer is sick, he shall, subject to subparagraph (2), be entitled during the following period of 12 consecutive months to –

 (a) 21 days' sick leave on full pay; and

 (b) a further period of 15 days on half pay in respect of any time which is –

  (i) wholly spent in a clinic or hospital; or

  (ii) certified by a medical practitioner of the clinic or hospital as necessary for the recuperation of the employee's health after his discharge from the clinic or hospital.

(2) Where an employee is absent due to sickness, he shall notify his employer of the fact on the first day of absence, unless he is genuinely unable to do so, in which case he shall do so not later than on the second day of absence and, if he remains sick for more than 4 consecutive days, he shall forward a medical certificate to that effect so as to reach his employer not later than on the fifth day of absence.

(3) An employer may, at his own expense, cause a medical practitioner to examine an employee who is absent due to sickness, with the employee's consent.

9. Maternity protection

(1) Subject to subparagraph (3), where a female employee has remained in continuous employment with the same employer for 12 months preceding her confinement, she shall, on production of a medical certificate, be entitled to –

 (a) 12 weeks' leave on full pay to be taken at her discretion before and/or after confinement provided that at least 6 weeks' leave shall be taken following the confinement; and

 (b) an allowance of 3,000 rupees payable within 7 days of her confinement.

(2) Where a female employee who has remained in continuous employment with the same employer for 12 months suffers a stillbirth which is duly certified by a medical practitioner, she shall be entitled, on the advice of her medical practitioner, to opt either for 2 weeks' leave or 12 weeks' leave on full pay, the latter to be drawn from the 3 confinements provided in the regulations.

(3) Where a female employee who has at any time had 3 confinements is pregnant, she shall not be entitled to the benefits specified in subparagraph (1) but she shall be entitled to only the leave specified in subparagraph (1)(a) or 2 as the case may be, without pay.

(4) Where a female employee suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks' leave on full pay, after the miscarriage.

(5) Every female employee who has entered in the seventh month of pregnancy shall be offered, as far as is practicable and at her request, all appropriate working facilities as recommended by her medical practitioner.

(6) Subject to subparagraph (7), where a female employee is nursing her unweaned child, she may require her employer to grant her, at such time as is convenient to her –

 (a) a break of one hour daily; or

 (b) a break of half an hour twice daily,

for the purpose of nursing her unweaned child.

(7) The employer may require a break under subparagraph (6) to be taken immediately before or after a meal or tea break.

(8) No break taken under subparagraph (6) shall be deducted from the number of hours of work of the employee.

10. Overseas leave

(1) Every employer shall grant to every employee reckoning continuous employment with him for a period of at least 15 years, one overseas leave of at least 2 months to be spent wholly abroad.

(2) At least one month of the leave specified in subparagraph (1) shall be with pay, such pay being effected in advance and at least 7 days before the employee proceeds abroad.

(3) For the purposes of extra remuneration for public holidays, annual leave, sick leave, maternity protection and end of year bonus, such overseas leave shall be deemed to constitute attendance at work.

11. End of year bonus

(1) Every employee who remains in the continuous employment of an employer for one year shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(2) Every employee who –

 (a) takes employment during the course of the year;

 (b) is still in employment as at 31 December; and

 (c) performs a number of normal days' work equivalent to not less than 80 per cent of the working days during his employment in that year,

shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(3) An employee shall pay 75 per cent of the expected bonus referred to in subparagraphs (1) and (2) not later than 5 clear working days before 25 December and the balance not later than on the last working day of the same year.

(4) For the purpose of this paragraph, a day on which an employee –

 (a) is absent with his employer's authorisation;

 (b) reports for work but is not offered work by his employer; or

 (c) absents himself on ground of –

  (i) illness after notification to his employer under paragraph 8(2); and

  (ii) injury arising out of and in the course of employment,

shall be reckoned as a working day.

12. Transport benefits and facilities

(1) Every employee shall be entitled to free transport or be paid the return bus fare where no free transport is available if the distance between his residence and the place where he reports for work exceeds 3 kilometres.

(2) Subject to the distance limit specified in subparagraph (1), every employee who attends work by his own means of transport shall be entitled to an allowance equivalent to the corresponding return bus fare.

(3) Where an employee is required by his employer to attend or cease work at any time when no public bus service is available, the employer shall, irrespective of the distance between the place of residence and the place of work, provide appropriate free means of transport –

 (a) from the employee's residence to his place of work; or

 (b) from the employee's place of work to his residence, such transport being provided from, or up to, the nearest practicable place from the employee's residence.

13. Uniforms and protective equipment

(1) Subject to subparagraph (2) and paragraph 14(3), every employer shall, not later than 31 January in every year, provide –

 (a) 2 headgears and 2 aprons of suitable white material and one pair of canvas shoes to every employee specified in paragraphs 1, 2, 3 and 4(4) of the First Schedule;

 (b) a pair of suitable and appropriate heat resistant gloves to every brigadier, oven operator and bakery operator operating the oven;

 (c) a pair of woollen gloves to every machine and assistant machine operators.

(2) Every employer shall provide to the employees specified in subparagraph (1) on their assumption of service the appropriate uniforms and protective equipment.

(3) The headgears, aprons and gloves provided under this paragraph shall remain the property of the employer.

14. Conveniences and facilities

(1) Every employer shall provide and maintain in good hygienic condition, for use by his employees –

 (a) a mess room with an appropriate number of tables and chairs; and

 (b) a bathroom and a toilet.

(2) Every employer shall in addition provide to every employee specified in paragraphs 1, 2, 3 and 4(4) of the First Schedule –

 (a) a pair of towels every year; and

 (b) one toilet soap every month.

(3) Notwithstanding the protective equipment granted under paragraph 13 and the conveniences and facilities granted under this paragraph, the employer shall abide by the Occupational Safety and Health Act.

15. Gratuity on retirement before 60 on medical grounds

(1) Where an employee who has been in the continuous employment of an employer for not less than 10 years retires before the age of 60 on ground of permanent incapacity, to perform his work, duly certified by a Government medical practitioner, the employer shall pay a gratuity to him.

(2) The gratuity specified in subparagraph (1) shall be paid in a lump sum and calculated on the basis of 15 days' basic wages per year of service irrespective of any benefit the employee may be entitled to under the National Pensions Act.

16. Death grant

(1) Where an employee who has been in continuous employment with the same employer for not less than 12 consecutive months dies, the employer shall pay an amount of 3,500 rupees to –

 (a) his spouse; or

 (b) if he leaves no spouse, the person who has borne the funeral expenses.

(2) For the purpose of subparagraph (1) –

 "spouse" means the person with whom the deceased employee had contracted a civil or religious marriage and with whom he was living under a common roof at the time of his death.

17. Gratuity at death

(1) Where an employee who has been in the continuous employment of an employer for not less than 10 years dies, the employer shall pay a gratuity.

(2) The gratuity specified in subparagraph (1) shall be paid –

 (a) in a lump sum and calculated on the basis of 15 days' basic wages per year of service;

 (b) to the deceased employee's surviving spouse or, where he leaves no surviving spouse, in equal proportions to his dependants;

 (c) irrespective of any benefits the deceased employee's spouse or dependants may be entitled to under the National Pensions Act.

(3) For the purpose of subparagraphs (2)(b) and (c) –

 "dependant" means, in relation to an employee, a relative, other than an orphan, who was –

 (a) living in the household;

 (b) wholly or partly dependent on the earnings of that employee at the time of his death; and

 "spouse" means the person with whom the employee had contracted a civil or religious marriage and with whom he was living under a common roof at the time of his death.

_______________

THIRD SCHEDULE

[Regulation 6(1)(a)]

ATTENDANCE BOOK – YEAR ...............................

Name of employee .................................................................. Age ...................................

Category ...........................................................................................................................

Date of entry in employment ...............................................................................................

Date

Time of arrival

Signature of employee

Time of departure

Signature of employee

Overtime hours

Signature of employer

x 1.5

x 2

x 3

_______________

FOURTH SCHEDULE

[Regulation 6(1)(b)]

WAGES BOOK – YEAR ...................................

Name of employee ........................................................................ Age .............................

Category ...........................................................................................................................

Date of entry in employment ...............................................................................................

Pay Period – From ............................................................ to ...........................................

Overtime/additional bags

Signature of employee

Date of payment

Basic wages

Normal rate x 1.5

Normal rate x 2

Normal rate x 3

Total wages

Advance

Deductions

Balance

_______________

FIFTH SCHEDULE

[Regulation 6(2)]

FLOUR MANIPULATION RECORD

DAY/NIGHT WORK

Date

No. of bags/Kg

Time started

Time ended

Signature of employer

Signature of coupeur/employee

Pain maison

Other

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Banks Fishermen and Frigo-workers (Remuneration Order) Regulations 1997

[GN 144 of 1997 – 1 October 1997] [Section 93]

1. These regulations may be cited as the Banks Fishermen and Frigo-workers (Remuneration Order) Regulations 1997.

2. In these regulations –

"banks fisherman" means a fisherman who is employed on a fishing vessel;

"earnings" means –

(a) basic wages;

(b) remuneration earned according to catch; and

(c) any allowance paid under paragraphs 1, 10 and 11 of the Second Schedule;

"fishing vessel" means a vessel engaged in fishing on the banks within the territorial sea of Mauritius, the exclusive economic zone of Mauritius, the continental shelf of Mauritius and areas where Mauritius has traditional or historic rights under the Maritime Zones Act;

"frigo-worker" means a worker employed on a fishing vessel to freeze and store fish on the fishing vessel;

"medical officer" means a nursing officer or medical practitioner;

"patron pêcheur" means the banks fisherman who is responsible for a dory;

"worker" means a banks fisherman or a frigo-worker.

3. (1) Subject to regulation 4, a worker shall be –

 (a) remunerated at the rates specified in the First Schedule; and

 (b) governed by the conditions of employment specified in the Second Schedule.

(2) The rates specified in the First Schedule are inclusive of the additional remuneration payable under the Additional Remuneration (2013) Act 2012.

[EDITORIAL NOTE – Regulation 3(2) is amended on a yearly basis to specify the rates for the remuneration for the particular financial year. The list of GNs amending it is not reproduced.]

4. Nothing in these regulations shall –

(a) prevent an employer from paying a worker remuneration at a rate higher than that specified in the First Schedule or from providing him with conditions of employment more favourable than those specified in the Second Schedule;

(b) authorise an employer to reduce a worker's remuneration or to alter his conditions of employment so as to make them less favourable.

5. 

_______________

FIRST SCHEDULE

[EDITORIAL NOTE – The First Schedule has not been reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year.]

_______________

SECOND SCHEDULE

[Regulations 3(1)(b) and 4]

1. Allowances

(1) An employer shall pay to a frigo-worker –

 (a) a fish bonus of 12 rupees for every tonne of fish caught by the banks fishermen; and

 (b) a sum of 208.85 rupees for every day the employer is not able to provide work during the period the fishing vessel leaves its port of departure to the day it returns to the same port.

(2) An employer shall pay to a patron pêcheur an allowance of 300 rupees for every fishing trip.

(3) An employer shall pay to a banks fisherman a sum of 115.73 rupees daily –

 (a) during the period it takes the fishing vessel to travel from its port of departure to the banks and return from the banks to the same port; and

 (b) for every day on which the Shipmaster is of the opinion that due to climatic conditions, fishing cannot be undertaken.

2. Pay interval

(1) Subject to subsection (2), an employer shall grant to a worker an advance on his remuneration as follows –

 (a) 500 rupees on the date of the signature of the contract;

 (b) 2,000 rupees to the worker's named representative 15 days after the sailing of the vessel;

 (c) 2,000 rupees to the worker's named representative 45 days after the sailing of the vessel;

 (d) 2,000 rupees to the worker's named representative 75 days after the sailing of the vessel.

(2) Where a fishing trip ends before 75 days after the sailing of the fishing vessel, all outstanding remuneration shall be paid to the worker within 2 days of the end of the fishing trip.

3. Contract of employment

(1) An employer shall provide to a worker a copy of his contract of employment prior to the departure of the fishing vessel on a fishing trip.

(2) The contract shall contain, inter alia –

 (a) the hours of work to be mutually agreed by the employer and the worker;

 (b) the date of the coming into operation and termination of the contract;

 (c) the agreed remuneration;

 (d) the intervals at which the remuneration is to be paid;

 (e) public holiday rates of pay;

 (f) the date of the payment of the end of year bonus;

 (g) fringe benefits granted by the employer.

4. Issue of payslip

An employer shall issue to a worker, at the time of paying his wages, a payslip stating inter alia

(a) the worker's name, category and social security number;

(b) his total catch and earnings;

(c) his total earnings;

(d) his allowance on public holidays or on days of sick leave;

(e) every deduction made and the reason for the deduction; and

(f) the total number of days on which he was present at work.

5. Articles sold on vessels

(1) An employer shall attach to the worker's contract of employment a list of articles to be sold on board of the fishing vessel and their corresponding prices.

(2) A list similar to the list referred to in subparagraph (1) shall be conspicuously displayed on the vessel.

(3) The employer shall make readily available on board the fishing vessel soft drinks, snacks and other similar items.

6. Repatriation in case of illness

Where repatriation becomes necessary due to illness or injury of a worker, the employer shall bear the costs of the repatriation, cause the worker to be transported to a hospital, private or public, and advise his family of the date of his arrival in Mauritius.

7. Equipment and related items

An employer shall provide free of charge to a worker –

(a) all tools and equipment for fishing, except hooks and lines; and

(b) cutlery and bedding.

8. Meals, tea and water

An employer shall provide a worker daily, free of charge, with –

(a) breakfast, a midday meal and an evening meal;

(b) tea with every meal; and

(c) at least 3 bottles of water.

9. Insurance

An employer shall subscribe to a non-contributory insurance policy in the sum of not less than 50,000 rupees for the benefit of a worker to cover death or injury by accident arising out of and in the course of employment.

10. Sick leave

Where a worker is unable to work and has been certified to be sick by a medical officer who is on board or, in his absence, by the Shipmaster, the employer shall pay to the worker an allowance of 115.73 rupees for each day that the worker is sick.

11. Work on public holidays

Where a worker performs work on a public holiday, an employer shall pay to the worker, in addition to his remuneration, an allowance of 115.73 rupees in respect of the public holiday.

12. End of year bonus

(1) An employer shall pay an end of year bonus to a worker not later than 2 days after the end of the employer's last fishing trip during that year.

(2) The end of year bonus shall be equivalent to one twelfth of the worker's earnings for the period of his employment during the year.

13. Death grant

(1) Where a worker dies in employment, the employer shall pay a death grant of 2,000 rupees –

 (a) to the surviving spouse of the worker; or

 (b) where the deceased leaves no spouse, to the person who satisfies the employer that he has borne the funeral expenses.

(2) For the purpose of subparagraph (1) –

 "spouse" means the person with whom the deceased worker had contracted a civil or religious marriage and with whom he was living under a common roof at the time of death.

[Second Sch. amended by reg. 4 of GN 118 of 1998 w.e.f. 1 July 1998; reg. 4 of GN 107 of 1999 w.e.f. 1 July 1999; reg. 4 of GN 146 of 2000 w.e.f. 1 July 2000; reg. 4 of GN 113 of 2001 w.e.f. 1 July 2001; reg. 4 of GN 162 of 2002 w.e.f. 1 July 2002; reg. 4 of GN 151 of 2003 w.e.f. 1 July 2003; reg. 4 of GN 138 of 2004 w.e.f. 1 July 2004; reg. 4 of GN 130 of 2005 w.e.f. 1 July 2005; reg. 4 of GN 182 of 2006 w.e.f. 1 July 2006.]

_______________

Block Making, Construction, Stone Crushing and Related Industries (Remuneration Order) Regulations 2003

[GN 70 of 2003 – 1 June 2003] [Section 93]

1. These regulations may be cited as the Block Making, Construction, Stone Crushing and Related Industries (Remuneration Order) Regulations 2003.

2. In these regulations –

"accounts clerk" means an employee who performs one or more of the following duties –

(a) prepares money for deposits in bank and arranges withdrawals;

(b) effects bank deposits and withdrawals;

(c) makes up wage packets and wage sheets;

(d) prepares, examines, reconciles and executes all accounts;

(e) prepares and monitors budgets and estimates;

(f) assists in the annual and periodic stock-taking;

(g) supervises staff under his control;

"barbender Grade I" means an employee who –

(a) prepares and fixes reinforcement in steel structures;

(b) reads drawings;

(c) works according to specifications; and

(d) is capable of supervising lower grade employees in the trade;

"barbender Grade II" means an employee who assists a barbender Grade I in his duties;

"barbender Superior Grade" means an employee who –

(a) performs all the duties of a barbender Grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"blacksmith Grade I" means an employee who –

(a) organises and supervises work of lower grade employees in the trade;

(b) carries out measurements and calculations required;

(c) deals with the working characteristics of wrought iron, steel and with steel hardening and tempering;

(d) performs hand forging and welding operations;

(e) shapes metal by hammering, cutting and punching; and

(f) works from drawings or other specifications;

"blacksmith Grade II" means an employee who performs all the duties of a blacksmith Grade I but has not reached the standard or aptitude of a blacksmith Grade I;

"blacksmith Superior Grade" means an employee who –

(a) performs all the duties of a blacksmith Grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"block maker" means an employee engaged in the making of blocks and all other functions related thereto such as carrying and mixing of cement, rocks, chippings and water for making blocks and curing them;

"block making industry" means the industry relating to the making of blocks for building and decorative purposes;

"carpenter Grade I" means an employee who –

(a) carries out, from drawings and specifications, the construction of any structure, building or shuttering for concrete work;

(b) prepares and correctly sets out all timber members and erects all partitions, roofs, doors and window frames;

(c) takes off quantities from plans and prepares cutting lists;

(d) inspects and reports on the state of repairs of any wooden structure;

(e) makes free-hand dimensional sketches; and

(f) is capable of supervising lower grade employees in the trade;

"carpenter Grade II" means an employee who performs all the duties of a carpenter Grade I but has not reached the standard or aptitude of a carpenter Grade I;

"carpenter Superior Grade" means an employee who –

(a) performs all the duties of a carpenter Grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"chief supervisor" means an employee who –

(a) organises, coordinates and controls activities of employees engaged on a site of work to ensure efficient uses of resources;

(b) allocates work programmes to any supervisor working under his supervision;

(c) verifies the proper carrying out and progress of work on sites of work; and

(d) ensures respect of all health and safety regulations on sites of work;

"clerk" –

(a) means an employee employed for the purpose of performing clerical or similar duties; and

(b) does not include a receptionist, a telephonist or a word processing operator;

"construction industry" means the industry relating to building, civil engineering and erection and dismantling works, including –

(a) site preparation works;

(b) excavation works;

(c) construction, structural alteration, renovation, repair, maintenance, including cleaning and painting, and demolition of all types of buildings, roads, bridges, airfields, harbour works, inland waterways, dams, river and avalanche and sea defence works, railways, tunnels, viaducts and any other works related to the provision of services such as communication, drainage, sewerage, including connection and plumbing thereof, water and energy supplies; and

(d) erection and dismantling of prefabricated building and structures as well as the manufacturing of prefabricated elements;

"continuous employment" means the employment of an employee under an agreement or under more than one agreement where the interval between one agreement and the next does not exceed 28 days;

"driver Grade I" means a driver, other than a plant operator, who drives a vehicle of 10 tonnes and over, and who is capable of supervising lower grade employees in the trade;

"driver Grade II" means a driver, other than a plant operator, who drives a vehicle of less than 10 tonnes;

"earnings" –

(a) means basic wages; and

(b) includes –

 (i) wages for work done in excess of a normal day's work or on a public holiday;

 (ii) remuneration paid under paragraphs 4, 5, 6, 10(1), 11 and 12(1)(a), (2) and (4) of the Second Schedule; and

 (iii) any productivity payment;

"electrician Grade I" means an employee who –

(a) installs, maintains and repairs electrical wiring and related equipment in houses, industrial and commercial establishments and other buildings; and

(b) is capable of supervising lower grade employees in the trade;

"electrician Grade II" means an employee who performs all the duties of an electrician Grade I but has not reached the standard or aptitude of an electrician Grade I;

"electrician Superior Grade" means an employee who –

(a) performs all the duties of an electrician Grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"employee" –

(a) means a person employed under any contract of service of whatsoever duration in the block making industry, construction industry, stone crushing and any other related industry;

(b) does not include a person –

 (i) governed by any other Remuneration Regulations;

 (ii) employed by a local authority or parastatal body;

"foreman" means an employee who –

(a) assigns duties or tasks to every employee working under his supervision according to instructions received from his employer or the chief foreman;

(b) supervises and coordinates the work of the employees under his supervision to ensure proper and timely completion of tasks on sites of work;

(c) verifies and records the amount of work performed by every employee during the day;

(d) ensures that the employees under his supervision work in a safe environment and comply with all safety regulations; and

(e) performs any ancillary duty as may be assigned to him by his employer or the chief foreman;

"leading hand" means a skilled employee who either assists a foreman or, in the absence of the latter, is required in addition to his normal duties to supervise the work of a gang of employees;

"learner" means an employee who is undergoing training to become a storekeeper, a tool keeper or a time keeper;

"mason Grade I" means an employee who –

(a) lays building blocks, iron frames and structures;

(b) does concrete works;

(c) aligns blocks with level and plumb line;

(d) applies plaster;

(e) examines drawings and specifications;

(f) performs all other similar duties connected with a construction; and

(g) is capable of supervising lower grade employees in the trade;

"mason Grade II" means an employee who performs all the duties of a mason Grade I but has not reached the standard or aptitude of a mason Grade I;

"mason Superior Grade" means an employee who –

(a) performs all the duties of a mason Grade I; and

(b) who is in charge of a gang of lower grade employees in the trade;

"mechanic Grade I" means an employee who –

(a) repairs or services motor vehicles;

(b) examines defective vehicles to ascertain the nature and location of defects;

(c) dismantles parts;

(d) replaces damaged parts;

(e) grinds valves;

(f) relines brakes;

(g) rebushes steering mechanisms;

(h) performs other tasks to effect repairs;

(i) changes oil in engines and transmission systems;

(j) lubricates joints;

(k) tightens loose parts;

(l) makes adjustments;

(m) performs other tasks to keep vehicles in good condition; and

(n) is capable of supervising lower grade employees in the trade;

"mechanic Grade II" means an employee who performs all the duties of a mechanic Grade I but has not reached the standard or aptitude of a mechanic Grade I;

"mechanic Superior Grade" means an employee who –

(a) performs all the duties of a mechanic Grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"multi-skilled employee" means an employee who is skilled in more than one of the occupations specified in paragraph 6 of Part II of the First Schedule and who is employed to perform duties appertaining thereto as per agreement;

"painter Grade I" means an employee who –

(a) does lining, sign-writing and lettering;

(b) cuts all weights of glass;

(c) mixes putty and glazing;

(d) estimates materials for puttying, painting, varnishing, glazing and any other operation appertaining thereto;

(e) mixes and blends paints to any required shade;

(f) deals with the properties and application of the various types of paints, enamels, stains, varnishes and polishes;

(g) deals with fillers and thinners;

(h) uses primers and undercoats;

(i) does finishing coats in paints and other similar duties; and

(j) is capable of supervising lower grade employees in the trade;

"painter Grade II" means an employee who performs all the duties of a painter Grade I but has not reached the standard or aptitude of a painter Grade I;

"painter superior grade" means an employee who –

(a) performs all the duties of a painter Grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"plant operator" means an employee who operates any equipment or plant, whether fixed or mobile, of varying size and complexity, such as pre-mixed concrete plant, pre-mixed asphalt plant, stone crushing plant, block making plant, tower crane, earth-moving or earth excavating tractor or caterpillar or bulldozer, bobcat, grader, road roller, or any other similar equipment or plant;

"plumber Grade I" means an employee who –

(a) assembles, installs and maintains pipes, fittings and fixtures of drainage, heating and sanitary systems at various locations;

(b) examines drawings or other specifications;

(c) cuts passage holes for pipes in walls or floors;

(d) cuts, reams, threads and bends pipes;

(e) joins pipes by the use of screws and bolts, fittings, caulks joints and tests them for leaks with air or water pressure gauges;

(f) installs fixtures;

(g) does repairs and maintenance work such as replacing washers, mending burst pipes and opening clogged drains; and

(h) is capable of supervising lower grade employees in the trade;

"plumber Grade II" means an employee who performs all the duties of a plumber Grade I but has not reached the standard or aptitude of a plumber Grade I;

"plumber superior grade" means an employee who –

(a) performs all the duties of a plumber Grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"productivity payment" –

(a) means all sums of money, by whatever name called, paid to any category of employee in respect of any work performed by him over and above or in addition to the basic work agreed upon between him and his employer, and related to productivity;

(b) does not include payment of attendance bonus equivalent to a maximum of 10 per cent of the employee's basic wages and any other payments such as meal allowance, transport allowance and those allowances obtained on an ad hoc basis;

"receptionist/telephonist" means an employee who performs one or more of the following duties –

(a) operates a telephone switchboard;

(b) receives, records and passes telephone messages;

(c) supplies information to callers and directs them to persons called upon;

(d) keeps records of callers;

"related industry" means any other industry involved in activities directly related to the block making, construction and stone crushing industry and which includes a premixed concrete plant and an asphalt plant;

"short term contract" means a contract of employment of a determinate duration of less than 12 months;

"skilled employee" means an employee who is skilled in one of the occupations specified in paragraph 6 of Part II of the First Schedule and whose work achieves varying degrees of excellence and standard according to his specific grade;

"stone breaker" means an employee who breaks stones with a stone axe;

"stone crushing industry" –

(a) means the industry relating to the making of stone dust and other related functions; and

(b) includes stone breaking, stone splitting and stone chipping;

"stonemason" means a mason who carries out ornamental stone work;

"stone splitter" means an employee who drills and splits stones with a pneumatic drill;

"stone employee" means a person who carries and feeds stones into a stone crusher and/or delivers the stone chippings (macadam) or stone dust to customers;

"store and tool keeper" means a person –

(a) who receives, stores and issues tools, merchandise, equipment or other goods; and

(b) maintains relevant records;

"supervisor" means an employee who –

(a) assigns duties or tasks to every employee working under his supervision according to instructions received from his employer or the chief supervisor;

(b) supervises and coordinates the work of the employees under his supervision to ensure proper and timely completion of tasks on sites of work;

(c) verifies and records the amount of work performed by every employee during the day;

(d) ensures that employees under his supervision work in a safe environment and comply with all safety regulations; and

(e) performs any ancillary duties as may be assigned to him by his employer or the chief supervisor;

"time keeper" means a person who –

(a) keeps records of times of arrival and departure of employees;

(b) calculates wages due from records of hours worked or work performed by individual employees; and

(c) prepares and effects payment of wages;

"turner Grade I" means an employee who –

(a) performs all the duties of a turner Grade II;

(b) reads and interprets engineering drawings and operation sheets;

(c) sets the machine correctly for all types of work;

(d) uses precision instruments in high precision work such as grinding and lapping attachments; and

(e) understands the theory and use of coolants;

"turner Grade II" means an employee who –

(a) uses and maintains the tools of the trade;

(b) carries out measurements and calculations required in the trade;

(c) performs high precision work (0.005 millimetres) on simple, capstan and turret lathes;

(d) works out the change of gear wheels for screw cutting;

(e) gauges the correct cutting speed and feed for metals;

(f) reads and interprets engineering drawings; and

(g) understands the use of proper coolants;

"turner superior grade" means an employee who –

(a) performs all the duties of a turner grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"tyre person" means an employee who –

(a) uses and maintains the tools of the trade;

(b) removes and replaces tyres of all types of wheels;

(c) repairs inner tubes;

(d) understands the purpose of ordinary, tubeless and radial tyres;

(e) maintains and repairs punctures in tubeless tyres by plugging, vulcanising, and performing any other such connected works;

(f) adjusts wheel balancing where the necessary apparatus is available; and

(g) operates and maintains air compressors for inflating tyres;

"unskilled employee" means an employee who performs manual tasks involving physical effort but no particular skill;

"weighbridge clerk" means an employee who checks the correct weighing of every vehicle, its gross weight and tare and makes the appropriate entries according to the nature of sales;

"welder Grade I" means an employee who –

(a) performs all the duties of a welder Grade II –

(b) makes dimensioned free-hand sketches, reads and interprets any drawings;

(c) reads and carries out properly welding instructions written in the English and French languages; and

(d) carries out all welding jobs according to the stricted procedures;

"welder Grade II" means an employee who –

(a) uses and maintains the tools of the trade;

(b) uses an oxyacetylene flame for all welding and cutting purposes;

(c) works from simple drawings and sketches;

(d) carries out all forms of welding in all thicknesses of materials;

(e) makes welds in oblique, vertical and up-hand positions;

(f) adopts correct measures to avoid under-cutting, expansion and contraction;

(g) recognises different metals and selects the most suitable electrodes for welding; and

(h) welds with submerged arc welding set;

"welder Superior Grade" means an employee who –

(a) performs all the duties of a welder grade I; and

(b) is in charge of a gang of lower grade employees in the trade;

"word processing operator" means a person who performs one or more of the following duties –

(a) types and collates letters, memoranda and similar matter according to written, dictated or other information;

(b) performs word processing and simple computer/data processing work;

(c) operates telefax and email services;

"year" means any period of 12 consecutive months except in relation to paragraph 13 of the Second Schedule which refers to a calendar year.

[Reg. 2 amended by reg. 3(a) of GN 142 of 2008 w.e.f. 1 July 2008.]

3. (1) Subject to this regulation and regulation 5, every employee shall be remunerated at the rates specified in the First Schedule and shall be governed by the conditions of employment specified in the Second Schedule.

(2) The rates specified in the First Schedule shall include the additional remuneration payable under the Additional Remuneration (2013) Act 2012.

(3) Where a scale of wages applies to an employee, he shall be entitled to –

 (a) the initial wages prescribed in the scale which applies to him; and

 (b) one increment in respect of every year of service he reckons with his employer in the category in which he is employed until he reaches the top salary of the scale.

(4) Where an employee is called upon to replace an employee drawing a higher remuneration, he shall be paid the remuneration applicable to that other employee.

(5) An employee shall not be employed as an apprentice for more than 6 months.

[Editorial Note – Regulation 3(2) is amended on a yearly basis to specify the rates for the remuneration for the particular financial year. List of GNs amending it is not reproduced.]

4. Any agreement by an employee to relinquish his right to a paid holiday or to forego such leave shall be void.

5. Nothing in these regulations shall –

(a) prevent an employer from paying an employee remuneration at a rate higher than that specified in the First Schedule or from providing him with conditions of employment more favourable than those specified in the Second Schedule;

(b) authorise an employer to reduce an employee's remuneration or to alter his conditions of employment so as to make them less favourable.

6. - 7. 

_______________

FIRST SCHEDULE

[Regulation 3(1) and (2)]

[Editorial Note – The First Schedule has not been reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year.]

_______________

SECOND SCHEDULE

[Regulation 3(1)]

1. Normal working hours

(1) The normal working week for every employee, other than a watchperson, shall consist of 45 hours' work, excluding time allowed for meal and tea breaks, made up of –

 (a) 8 hours' work on every day, other than a Saturday or public holiday; and

 (b) 5 hours' work on every Saturday, other than a public holiday.

(2) An employee, other than a watchperson, shall be entitled on every working day, to –

 (a) a meal break of one hour to be taken not earlier than 3 hours and not later than 5 hours after the starting time; and

 (b) 2 tea breaks of 15 minutes each, the first to be taken not earlier than 2 hours before the meal break and the second not later than 2 hours after the meal break.

(3) (a) A normal working day for a watchperson shall consist of 12 hours.

 (b) Where a watchperson is required to work on every day of a month, he shall be entitled to 4 days' leave without pay during the month, one of the days being a Sunday.

2. Extra work

(1) Subject to paragraph 6, where an employee, other than a watchperson –

 (a) works on a public holiday, he shall be remunerated –

  (i) for the first 8 hours, at twice the basic rate per hour; and

  (ii) thereafter at 3 times the basic rate per hour;

 (b) performs more than a normal day's work on any other day, he shall be remunerated at one and a half times the basic rate per hour.

(2) Where a watchperson –

 (a) works on a public holiday, he shall be remunerated –

  (i) for the first 12 hours, at twice the basic rate per hour;

  (ii) thereafter, at 3 times the basic rate per hour;

 (b) performs more than a normal day's work on any other day, he shall be remunerated at once and a half times the basic rate per hour.

(3) (a) Subject to sub subparagraph(b), where an employee is required to perform extra work immediately after a normal day's work, he shall be granted a rest period of 15 minutes after the normal day's work, the time to be mutually agreed between the employer and the employee.

(b) The rest period referred to in sub subparagraph (a) shall not be reckoned as falling within working hours.

3. Notional calculation of basic rate

For the purpose of determining remuneration due for extra work or any other cause –

(a) a month shall be deemed to consist of 26 days;

(b) a day shall be deemed to consist of –

 (i) 12 hours in the case of a watchperson;

 (ii) 8 hours in every other case.

4. Allowance to block makers

Every block maker who, in the course of a normal day's work is required to –

(a) operate a concrete mixing machine;

(b) operate a block making machine; or

(c) organise or supervise work relating to block making,

shall be entitled to an allowance equivalent to 20 per cent of his earnings for that day.

5. Piece work

(1) Subject to subparagraph (2), an employee may be required to perform piece work by his employer at such rates, to be agreed between them, which shall be so determined that the employee shall earn not less than 10 per cent over and above the basic rate.

(2) Where an employee is required to perform piece work on a public holiday or in excess of the normal working hours on any day, he shall be remunerated at a rate which shall not be less than a sum exceeding that to which he would be entitled under paragraph 2(1) by 10 per cent.

6. Extra remuneration for public holidays

(1) Where an employee, other than a monthly paid employee, has remained in continuous employment with the same employer for 12 consecutive months, he shall be entitled, in the following 12 months, to a normal day's wages in respect of every public holiday other than a Sunday, that occurs while he is in the service of the employer and on which he is not required to work.

(2) Where an employee who would otherwise have been entitled to a normal day's wages under subparagraph (1) or a monthly paid employee is called upon to work on a public holiday, other than a Sunday, he shall be paid, at the end of the next pay period, one normal day's wages in addition to any remuneration due under paragraph 2.

7. Meal allowance

Where –

(a) an employee, other than a watchperson, has by reason of his employment, to spend the night away from home;

(b) an employee, other than a watchperson, who has completed a normal day's work, is required to work after 7 p.m;

(c) a watchperson is required to perform a supplementary watch after a normal day's work,

he shall, in addition to any remuneration due under paragraph 2, be paid a meal allowance of 70 rupees in respect of that day.

8. Payment of remuneration

(1) Every employee shall be paid his wages during working hours –

 (a) in the case of a monthly paid employee, not later than the last working day of the month;

 (b) in the case of a fortnightly paid employee, not later than the last working day of the fortnight;

 (c) in any other case, not later than the last working day of every week.

(2) Every employer shall, at the time of paying the wages of an employee, issue to him a payslip stating, inter alia –

 (a) the employee's name, category, job title, grade, rates of pay and National Identity Card number;

 (b) the total number of days on which he was present at work;

 (c) the number of hours of extra work performed by him and the corresponding extra payment;

 (d) his total wages and every item of allowance, including piece rate earnings;

 (e) every deduction made and the reason thereof; and

 (f) such other particulars as may be required by the Minister.

9. Joint liability

Where an employer employs a job contractor, both shall be jointly and severally liable for the remuneration and conditions of employment, including the safety, health and welfare facilities of their employees.

10. Annual leave

(1) Subject to subparagraph (2), where an employee has remained in continuous employment with the same employer for 12 consecutive months, he shall, in the following 12 months, be entitled to 16 working days' leave on full pay.

(2) (a) Subject to sub subparagraph (b), 8 days of the leave may be taken either consecutively or otherwise provided the employee has given reasonable notice to his employer.

(b) The employer shall not, without reasonable cause, withhold the granting of leave under sub subparagraph (a).

(c) The remaining 8 days shall be taken at such time as the employer and the employee may agree or, in default of agreement, at such time as the employer shall determine.

(3) (a) Subject to sub subparagraph (b), where an employee, other than an employee referred to at subparagraph (1), has completed an aggregate period of employment of not less than 12 months over a period of not more than 2 years with the same employer, he shall be entitled to one day's annual leave for each subsequent month of service, so long as there is no break covering one year between 2 contracts.

(b) The leave shall be taken at such time as the employer and the employee may agree or, in default of agreement, at such time as the employer shall determine.

(4) Subject to paragraph (5), where an employee has not taken or been granted all the leave to which he is entitled under subparagraphs (1) and (3), he shall be paid a normal day's pay in respect of every day's annual leave still due at the end of that period or at the end of his contract.

(5) Subparagraph (4) shall not apply where an employee is dismissed for misconduct.

11. Sick leave

(1) Subject to subparagraph (3), where an employee has remained in continuous employment with the same employer for 12 consecutive months is sick, he shall, during the following 12 months be entitled to –

 (a) 21 days' sick leave on full pay; and

 (b) a further period of 15 days on half pay in respect of any time which is –

  (i) wholly spent in a clinic or hospital; or

  (ii) certified by a medical practitioner of the clinic or hospital as necessary for the recuperation of the employee's health after his discharge from the clinic or hospital.

(2) Where an employee, other than an employee referred to in subparagraph (1), has completed an aggregate period of employment of not less than 12 months over a period of not more than 2 years with the same employer, he shall be entitled to one day's sick leave for every subsequent month of service, so long as there is no break covering one year between 2 contracts.

(3) Where an employee absents himself on grounds of illness, he shall notify his employer of the fact on the first day of absence and unless he is genuinely unable to do so, he shall notify on the second day of absence at latest, and if he remains sick for more than 4 consecutive days, he shall forward a medical certificate to that effect so as to reach his employer not later than on the fifth day of absence.

(4) Where a medical practitioner has been designated by the employer and agreed upon by the employee, the medical certificate shall as far as possible be issued by that medical practitioner.

(5) An employer may, at his own expense, cause a medical practitioner to examine an employee who is absent due to illness, with the employee's consent.

12. Maternity protection

(1) Subject to subparagraph (3), where a female employee has remained in continuous employment with the same employer for 12 months immediately preceding her confinement, she shall, on production of a medical certificate, be entitled to –

 (a) 12 weeks' leave on full pay to be taken at her discretion before and/or after confinement provided that at least 6 weeks' leave shall be taken immediately following the confinement; and

 (b) an allowance of 3,000 rupees payable within 7 days of her confinement.

(2) Where a female employee who has remained in continuous employment with the same employer for 12 months suffers a stillbirth, which is duly certified by a medical practitioner, she shall be entitled, upon the advice of her medical practitioner, to opt either for 2 weeks' leave on full pay or 12 weeks' leave on full pay deductible from the 3 confinements as provided for in these regulations.

(3) Where a female employee who has at any time had 3 confinements is pregnant, she shall not be entitled to the benefits specified in subparagraph (1) but she shall be entitled to only the leave specified in subparagraph (1)(a) or (2), as the case may be, without pay.

(4) Where a female employee suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks' leave on full pay immediately after the miscarriage.

(5) Every female employee who has entered her seventh month of pregnancy shall be offered, as far as is practicable and at her request, all appropriate working facilities as recommended by her medical practitioner.

(6) Subject to subparagraph (7), where a female employee is nursing her unweaned child, she may require her employer to grant her at such time as is convenient to her –

 (a) a break of one hour daily; or

 (b) a break of half an hour twice daily,

for the purpose of nursing her unweaned child.

(7) The employer may require a break under subparagraph (6) to be taken immediately before or after a meal or tea break.

(8) No break under subparagraph (6) shall be deducted from the number of hours of work of the employee.

13. End of year bonus

(1) Every employee who remains in the continuous employment of an employer for one year shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(2) Every employee who –

 (a) takes employment during the course of the year;

 (b) is still in employment as at 31 December; and

 (c) performs a number of normal days' work equivalent to not less than 80 per cent of the working days during his employment in that year,

shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(3) Every employee who is employed on one or more short term contracts during the course of the year and who is, or not, in employment as at 31 December, shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(4) An employer shall pay 75 per cent of the expected bonus referred to in subparagraphs (1), (2) and (3) not later than 5 clear working days before 25 December and the balance not later than on the last working day of the same year.

(5) For the purpose of this paragraph, a day on which an employee –

 (a) is absent with his employer's authorisation;

 (b) reports for work but is not offered work by his employer; or

 (c) absents himself on ground of –

  (i) illness after notification to his employer under paragraph 11(3);

  (ii) injury arising out of and in the course of employment,

shall be reckoned as a working day.

14. Transport benefits and facilities

(1) Every employee shall be entitled to free transport or be paid the return bus fare where no free transport is available if the distance between his residence and the place where he reports for work exceeds 3 kilometres.

(2) Subject to subparagraph (3) and to the distance limit specified in subparagraph (1), every employee who attends work by his own means of transport shall be entitled to an allowance equivalent to the corresponding return bus fare.

(3) Where an employer provides transport for his employees –

 (a) the employees shall be collected at mutually agreed convenient points;

 (b) the employees shall be transported back to the collecting point within a reasonable time after work stoppage;

 (c) the transport vehicle shall leave the work site not later than one hour after work stoppage.

(4) Where an employee is required by his employer to attend or cease work at any time when no public bus service is available, the employer shall, irrespective of the distance between the place of residence and the place of work, provide appropriate free means of transport –

 (a) from the employee's residence to his place of work; or

 (b) from the employee's place of work to his residence, such transport being provided from, or up to, the nearest practicable place from the employee's residence.

(5) The transport referred to in subparagraphs (3) and (4) shall be properly fitted with well secured seating and back-rest facilities.

15. Protective equipment

(1) Every employer shall provide –

 (a) either 2 pairs of boots or steel-capped shoes or a combination of both, a raincoat and 2 uniforms per year to every employee specified in Part II of the First Schedule;

 (b) a pair of appropriate gloves, be it rubber, woollen, leather or otherwise to every employee specified in Part II of the First Schedule except the watchperson;

 (c) a respiratory mask to every employee directly exposed to dust and/or noxious emanations, either directly or as a result of working in confined spaces affected by dust or noxious substances and/or emanations;

 (d) a pair of goggles to every employee employed in hacking concrete, welding or stone drilling;

 (e) a protective waist band to every plant operator;

 (f) a safety belt to every employee employed in erecting steel structures;

 (g) a helmet to every employee specified in Part II of the First Schedule;

 (h) a suitable apron to every blacksmith and every welder in his employment.

(2) The protective equipment specified under subparagraph (1) shall be first issued on assumption of duty by the employee and shall be renewed as and when they become unserviceable, except for the items under subparagraph (1)(a) above which shall be renewed by 30 April at latest every year.

(3) The protective equipment provided under subparagraph (1) shall remain the property of the employer.

(4) Notwithstanding the protective equipment granted under subparagraph (1), the employer shall abide by the provisions of the Occupational Safety and Health Act.

16. Issue of milk

(1) Every employer shall provide –

 (a) every stone breaker, stone splitter, stone employee and block maker on every day on which he attends work, with 1,000 millilitres of milk;

 (b) every painter and every welder on every day on which he does painting or welding works, with 500 millilitres of milk.

(2) No milk supplied under subparagraph (1) shall be taken away by the employee.

17. Conveniences and facilities

(1) Every employer shall provide and maintain in good hygienic condition, for use by his employees –

 (a) washing facilities; and

 (b) drinking water.

(2) Every employer shall, in addition, provide to every timekeeper, store and tool keeper, and to every employee specified in Part II of the First Schedule –

 (a) a pair of towels every 6 months;

 (b) one toilet soap every month,

the first issue to be effected on assumption of duty by the employee.

18. Medical facilities

(1) Every employee regularly exposed to dust and/or noxious substances and emanations –

 (a) directly by performing –

  (i) tasks such as drilling and cutting of stones, concrete, wood or fibreboard;

  (ii) tasks involving the use of substances such as paint, thinner, enamel, varnish, welding material and special cement for tile laying; and/or

 (b) as a result of regularly working in confined spaces affected by dust and/or noxious substances and emanations,

shall undergo a complete medical check-up at the expense of his employer every 6 months.

(2) In the event of any work-related health problems detected during such check-up necessitating further investigation, the doctor doing the check-up shall refer the employee to a medical institution for appropriate investigations and medical care.

19. Tools

(1) The employer shall provide to every employee the tools which may be required in the performance of work, to be replaced as soon as they become unserviceable.

(2) The tools provided under subparagraph (1) shall remain the property of the employer.

20. Vacation leave

(1) An employee who remains in continuous employment with the same employer for a period of at least 10 years shall be entitled to a vacation leave of 2 months to be spent wholly or partly abroad, or locally, at the employee's discretion.

(2) Subject to subparagraph (1), at least one month of the vacation leave shall be with pay, and such pay shall, in case an employee intends to spend his vacation abroad, be effected in advance and at least 7 days before he proceeds abroad.

(3)  The leave specified at subparagraph (1) shall be taken at such time as the employer and the employee agree.

(4) A vacation leave shall constitute attendance at work.

21. Compensation

Every employee shall be entitled to a compensation of one day's wage for each completed month of service where –

(a) he has worked for the same employer for more than one month;

(b) his service is terminated before the expiry of 12 months for any cause other than misconduct or his short term contract has come to an end; and

(c) his attendance has averaged not less than 20 days per month during his employment.

22. Gratuity on retirement before 60 on medical grounds

(1) Where an employee who has been in the continuous employment of an employer for not less than 10 years retires before the age of 60 on the ground of permanent incapacity to perform his work duly certified by a Government Medical Practitioner, the employer shall pay a gratuity to him.

(2) The gratuity specified in subparagraph (1) shall be paid in a lump sum and calculated on the basis of 15 days' basic wages per year of service irrespective of any benefits the employee may be entitled to under the National Pensions Act.

23. Death grant

(1) Where an employee who has been in continuous employment with the same employer for not less than 12 consecutive months dies, the employer shall pay an amount of 3,500 rupees to –

 (a) his spouse; or

 (b) if he leaves no spouse, the person who satisfies the employer that he has borne the funeral expenses.

(2) For the purpose of subparagraph (1) –

 "spouse" means the person with whom the deceased employee had contracted a civil or religious marriage and with whom he was living under a common roof at the time of his death.

24. Gratuity at death

(1) Where an employee who has been in the continuous employment of an employer for not less than 10 years dies, the employer shall pay a gratuity.

(2) The gratuity specified in subparagraph (1) shall be paid –

 (a) in a lump sum and calculated on the basis of 15 days' basic wages per year of service;

 (b) to the deceased employee's surviving spouse or, where he leaves no surviving spouse, in equal proportions to his dependants; and

 (c) irrespective of any benefits the deceased employee's spouse or dependants may be entitled to under the National Pensions Act.

(3) For the purpose of subparagraph (2)(b) and (c) –

 "dependant" means, in relation to an employee, a relative, other than an orphan, who –

 (a) was living in the household; and

 (b) was wholly or partly dependent on the earnings of that employee at the time of his death;

 "spouse" means the person with whom the employee had contracted a civil or religious marriage and with whom he lived under a common roof at the time of his death.

25. Optional retirement

(1) Every employee who remains in continuous employment with the same employer for a period of not less than 10 years may retire on or after reaching the age of 55 years and shall be paid a gratuity.

(2) The gratuity specified in subparagraph (1) shall be paid in a lump sum and calculated on the basis of 15 days' basic wages per year of service irrespective of any benefit the employee may be entitled to under the National Pension Act.

26. Special leave

Where an employee remains in the continuous employment of an employer for a period of 12 consecutive months, he shall be entitled to –

(a) 6 days' special leave on full pay on the occasion of the celebration of his first religious or civil marriage;

(b) 3 days' special leave on full pay on the occasion of the religious or civil marriage of his son or daughter;

(c) 3 days' special leave on full pay on the death of his spouse, child, father, mother, brother or sister;

(d) one working day's paternity leave on the occasion of the birth of his first 3 children.

[Second Sch. amended by reg. 3(d) of GN 142 of 2008 w.e.f. 1 July 2008.]

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Catering and Tourism Industries (Remuneration Order) Regulations 2004

[GN 178 of 2004 – 1 October 2004] [Section 93]

1. These regulations may be cited as the Catering and Tourism Industries (Remuneration Order) Regulations 2004.

2. In these regulations –

"accounts clerk'' means an employee who –

(a) receives cash, cheques and credit card payment orders, and checks such payments against appropriate documents;

(b) effects bank deposits and withdrawals;

(c) makes entries in accounting and book-keeping records;

(d) assists in the preparation of financial accounts; and

(e) assists in the annual and periodic stocktaking;

"assistant bartender'' means an employee who assists a bartender and replaces the bartender in his absence;

"assistant cafetier'' means an employee who is engaged in the cafe department in the tourism industry –

(a) to prepare tea, coffee, chocolate or other similar breakfast requisites; and

(b) to replace a cafetier in his absence;

"assistant cook" means an employee who –

(a) assists a cook;

(b) prepares simple dishes, cooks and fries snacks;

(c) cooks food for the personnel; and

(d) performs other ancillary duties;

"assistant handyperson" means an employee who assists a handyperson and may be required to assist the cabinet maker, the carpenter, the electrician, the welder/plumber, the mason, the painter and the refrigeration mechanic;

"assistant head cook" means an employee who, under the supervision of a head cook, prepares and cooks food and performs other ancillary duties;

"assistant head pastry cook'' means an employee in the tourism industry who, under the supervision of a head pastry cook, prepares and cooks pastries, sweets, ices, puddings and performs such other ancillary duties;

"assistant head waiter'' means an employee who –

(a) assists a head waiter;

(b) attends to service for not more than 25 guests at any one time; and

(c) replaces the head waiter in his absence;

"assistant housekeeper" means an employee in the tourism industry who assists a housekeeper and replaces the housekeeper in his absence;

"assistant pastry cook" means an employee in the tourism industry who assists a pastry cook, prepares simple pastries and performs such other ancillary duties;

"assistant receptionist" means an employee in the tourism industry who assists a receptionist and replaces the receptionist in his absence;

"assistant storekeeper" means an employee who is responsible for ordering, receiving, recording, classifying and issuing goods in a store;

"assistant restaurant supervisor'' means an employee who assists the restaurant supervisor and replaces the restaurant supervisor in his absence;

"bar" means premises where alcoholic drinks, whether or not together with non-alcoholic drinks, snacks or cakes are sold for consumption on the premises;

"bartender" means an employee who –

(a) prepares and serves drinks and cocktails;

(b) is responsible for cash takings;

(c) replaces the head bartender in his absence; and

(d) keeps relevant records in the discharge of his duties as a bartender, where he works in the catering industry;

"beach waiter'' means an employee who is engaged by a seaside hotel to –

(a) supply to hotel residents anything provided by the hotel management for their comfort while they are on the beach;

(b) serve drinks, snacks, cigarettes and the likes to hotel residents while they are on the beach, and to take charge of bills; and

(c) remove from the beach any bottle, can, rubbish or any other thing supplied under paragraphs (a) and (b);

"boarding house'' means a building comprising –

(a) not less than 2 bedrooms or sleeping rooms set apart and appropriately furnished for letting; and

(b) a room set apart and appropriately furnished where food and non-alcoholic drinks only may be sold to residents their guests and visitors for consumption on the premise only;

"cabinet maker" means an employee who –

(a) is capable of using and maintaining the tools of the trade;

(b) makes completely wooden articles, effects repairs and refashions wooden articles;

(c) makes sketches or drawings of work to be done; or

(d) carves designs in wood for decoration;

"café" means premises where non-alcoholic drinks, whether or not together with snacks or cakes, are sold for consumption on the premises;

"cafétier'' means an employee in the tourism industry who is responsible for a café department and the keeping of records therein;

"carpenter'' means an employee who –

(a) is capable of using and maintaining the tools of the trade;

(b) constructs any structure, building or shuttering for concrete work;

(c) prepares and correctly sets out all timber members and erects all partitions, roofs, doors and window frames;

(d) takes off quantities from plans and prepares cutting lists;

(e) inspects and reports on the state of repairs of any wooden structure; and

(f) makes free-hand dimensioned sketches;

"cashier" means an employee other than a bartender and a receptionist, engaged wholly or mainly in dealing with cash or any medium of currency and keeping relevant books;

"catering industry" means –

(a) the industry relating to the preparation and provision of food and drinks; and

(b) includes any trade or business carried on in a bar, a café, a fast food outlet, a restaurant, a table d'hôte, or a victualler's shop;

"caviste" means an employee who is responsible for the stock in the wine cellar, for issuing wine for service and the keeping of relevant records;

"certified trainee" means a person who holds a certificate of competency issued by a training (school approved by the IVTB) institution registered and accredited with the Mauritius Qualifications Authority;

"cleaner" means an employee, other than a valet or gardener, who performs one or more of the following duties –

(a) doing general cleaning, including sweeping of floors;

(b) keeping in orderly condition the interior and exterior of premises, grounds, and beaches;

(c) cleaning of toilets;

(d) performing unskilled work involving physical effort; and

(e) assisting in doing other cognate duties;

"continuous employment" means the employment of an employee under an agreement or under more than one agreement where the interval between an agreement and the next does not exceed 28 days;

"cook'' means an employee who –

(a) (i) prepares or cooks food, pastry, sweets ices, puddings and similar items in the catering industry; or

 (ii) prepares and cooks food in the tourism industry;

(b) cooks food for the personnel; and

(c) performs other ancillary duties;

"driver'' means an employee who –

(a) drives any motor vehicle, including a lift truck or a trailer;

(b) effects minor repairs and keeps his vehicle clean and in running order;

(c) ensures that other repairs of any vehicle entrusted to him are effected; and

(d) assists in loading and unloading of a motor vehicle;

"earnings" –

(a) means basic wages; and

(b) includes –

 (i) wages earned for extra work under paragraph 2 of the Second Schedule;

 (ii) remuneration paid under paragraphs 4, 9(1), 10, and 11(1)(a), (2) and (4) of the Second Schedule; and

 (iii) any productivity payment;

"electrician'' means an employee who –

(a) is capable of using and maintaining the tools of the trade;

(b) installs, maintains and repairs electrical wirings and related equipment; and

(c) reads and understands simple wiring diagrams;

"employee" –

(a) means a person who is employed by an employer in the catering or tourism industry, as the case may be;

(b) does not include a person governed by any other Remuneration Regulations;

"entertainer" means an employee who gives musical, dance, song or other similar performances in group or otherwise and entertains hotel guests and residents;

"fast food operative" means an employee who is engaged in a fast food outlet, and who in the discharge of his duties, may be required to attend to either one of the following duties –

(a) preparing, according to procedures laid down by the unit, food, snacks and other in-house specialities; or

(b) attending to and serving customers, taking charge of bills or being responsible for cash takings, but is not required to perform cleaning duties other than the cleaning of his immediate work space;

"fast food outlet" means premises where food, prepared using standard ingredients and set procedures for cooking, is sold as a quick meal for consumption on and off the premises, whether or not non-alcoholic drinks, snacks or cakes are also sold on the premises;

"gardener" means an employee who is sufficiently skilled to be able on his own to operate mechanically propelled garden equipment, to sow seeds, trim hedges, prepare flower beds and maintain the green, including plants;

"handyperson" means a hotel employee who is in charge of maintenance of buildings and premises and performs odd jobs;

"head bartender" means an employee who supervises other bartenders, prepares and serves drinks and who is responsible for a bar and the keeping of relevant records;

"head cook" means an employee who –

(a) (i) prepares or cooks food, pastry, sweets, ices, puddings and other similar items in the catering industry; or

 (ii) prepares or cooks food in the tourism industry;

(b) supervises not less than 3 other cooks; and

(c) is responsible for the cleanliness of his place of work;

"head pastry cook" means an employee in the tourism industry who –

(a) prepares or cooks pastries, sweets, ices, puddings and other similar items;

(b) supervises not less than 3 other pastry cooks; and

(c) ensures the cleanliness of the kitchen;

"head waiter" means an employee in the tourism industry who –

(a) takes charge of banquets and receptions;

(b) advises clients as to the choice of meals and wines;

(c) supervises other waiters; and

(d) ensures that cleaners maintain the work place under his responsibility free from dirt or filth;

"hotel" means a building comprising –

(a) not less than 9 bedrooms or sleeping rooms set apart and appropriately furnished for letting; and

(b) a room set apart and appropriately furnished where food, tobacco, alcoholic and non-alcoholic drinks may be sold to residents, their guests and visitors for consumption on and off the premises;

"housekeeper" means an employee in the tourism industry who is responsible for household administration, selection and control of staff, domestic stores and cleanliness of the premises;

"kitchen cost controller" means an employee who –

(a) verifies the quantity and quality of deliveries from suppliers in conformity with purchase orders;

(b) checks, controls and records the quantity of foodstuffs, drinks and other materials issued from the kitchen store to avoid wastage;

(c) conducts inventory of stock of foodstuffs, drinks and other materials used or kept in the kitchen;

(d) prepares daily food cost, controls fluctuation in the quantity and price of deliveries from suppliers and submits relevant reports to management;

(e) verifies orders from the restaurant and keeps relevant records; and

(f) keeps up to date information in relation to the costs of standard recipes;

"kitchen helper" means an employee who cleans crockery, cutlery and kitchen requisites;

"launderer" means an employee who does laundering, drying and ironing;

"linen keeper" means an employee in the tourism industry who is responsible for receiving, issuing, despatching, checking or stacking of linen or laundry and for sewing and repairs of clothing;

"loader" means an employee who –

(a) prepares meal trays;

(b) loads and unloads meal containers from a high lift truck or an aircraft; and

(c) performs other ancillary duties;

"mason" means an employee who –

(a) is capable of using and maintaining the tools of the trade;

(b) lays building bricks, iron frames and structures;

(c) does concrete works, aligns blocks with level and plumb line, applies plaster;

(d) examines drawings and specifications; and

(e) performs all other similar duties connected with construction;

"painter" means an employee who –

(a) is capable of using and maintaining the tools of the trade;

(b) cuts all types of glass;

(c) mixes putty and glazing;

(d) estimates materials for puttying, painting, varnishing, glazing and any other operation appertaining to the trade;

(e) mixes and blends paints to any required shade;

(f) deals with the properties and application of the various types of paints, enamels, stains, varnishes and polishes;

(g) deals with fillers and thinning paint; and

(h) uses primers and undercoats;

"pastry cook" means an employee in the tourism industry who prepares or cooks pastry, sweets, ices, puddings and other similar items, and performs other ancillary duties;

"personnel clerk'' means an employee who –

(a) keeps records of personnel, including wages and other related information;

(b) makes up wage packets and wage sheets; and

(c) deals with enquiries in relation to paragraphs (a) and (b);

"pleasure craft" has the same meaning as in the Tourism Authority Act;

"plumber'' means an employee who –

(a) is capable of using and maintaining the tools of the trade;

(b) assembles, installs and maintains pipe fittings and fixtures of drainage, heating and cooling systems;

(c) cuts passage holes for pipes;

(d) cuts, reams, threads, bends and joins pipes and tests them for leaks;

(e) installs fixtures and does repair and maintenance work; and

(f) can understand drawings or other specifications;

"porter-operator'' means an employee who –

(a) is wholly or mainly engaged in carrying luggage;

(b) attends to guests generally; and

(c) may be required to operate a telephone switchboard;

"productivity payment" –

(a) means all sums of money, by whatever name called, paid to any employee, in respect of any work performed by him in addition to the basic wages agreed upon between him and his employer, and relating to productivity;

(b) does not include payment of attendance bonus equivalent to a maximum of 10 per cent of the employee's basic wages, meal allowance, transport allowance or any other allowances or payment not related to productivity;

"receptionist" means an employee in the tourism industry who –

(a) is responsible for the reception counter;

(b) makes reservation, arranges registration of guests and allocates rooms to them;

(c) presents bills to guests on their departure and collects payments; and

(d) performs related clerical or similar duties;

"refrigeration mechanic" means an employee who performs repair works on air-conditioning and refrigeration system and equipment;

"restaurant" means premises where food, pastry and non-alcoholic drinks are sold for consumption on or off the premises and alcoholic drinks are sold for consumption on the premises;

"restaurant supervisor'' means an employee who is responsible to welcome guests and to plan and supervise the organisation of the restaurant;

"room service clerk" means an employee who –

(a) takes orders from rooms and collects payments;

(b) submits bills to relevant services; and

(c) is responsible for the overall supervision of the room service;

"security officer" means an employee who provides security and property protection services and who does one or more of the following duties –

(a) guarding the premises against hazards, theft and illegal entry;

(b) ensuring the safety and security of clients, personnel and any other person on the premises of the employer;

(c) performing preventive patrol to guard against theft and illegal access to the premises; and

(d) taking appropriate actions upon the detection of suspicious activities, undesirable conduct or behaviour and events and recording such entries as may be necessary;

"senior accounts clerk'' means an employee who –

(a) supervises staff under his control;

(b) prepares, examines, reconciles and executes all accounts;

(c) assists in the preparation of budgets and estimates; and

(d) carries annual and periodic stock-taking;

"sewing attendant" means an employee who attends to the sewing of clothing by way of repairs or confection;

"skipper'' means an employee who holds a licence issued under the Tourism Authority Act and who –

(a) drives a pleasure craft;

(b) advises passengers as to their safety;

(c) is responsible for the proper loading and unloading of such materials as are required for a trip;

(d) is responsible for minor repairs, simple maintenance of the pleasure craft and its cleanliness;

"skipper's assistant'' means an employee who assists a skipper;

"sports and leisure attendant" means an employee in the tourism industry who –

(a) prepares playing grounds for indoor and outdoor activities;

(b) carries sports equipment and materials, installs the materials and removes them after use; and

(c) keeps playing grounds and equipment clean;

"sports instructor" means an employee in the tourism industry who –

(a) welcomes guests at playing points and invites them to participate in indoor and outdoor games;

(b) organises and animates competition among guests in games and sports, and attributes prizes to winners;

(c) participates in games and sports as co-partner or opponent;

(d) initiates first-time players to rules, procedures and basics of games and sports;

(e) submits requisitions for the purchase of sports materials and equipment; and

(f) assists in making inventory of sports equipment;

"store attendant'' means an employee who –

(a) carries and delivers goods in a store;

(b) keeps the stores in an orderly condition; and

(c) performs other ancillary duties;

"storekeeper'' means an employee who is responsible for the receipt, custody, issue and the keeping of records of goods in a store;

"table d'hôte" means a designated space at the residence of a person, where guests are served with meals consisting of a limited choice, of local dishes and the meals are offered at fixed hours and at a fixed price for consumption on the premises;

"tea maker" means an employee engaged in a café who is required to make and serve tea or coffee;

"telephonist" means an employee who is mainly or wholly engaged in operating a telephone switchboard and who, in addition –

(a) receives, records and passes on telephone messages; and

(b) deals with telephone enquiries and supplies information where necessary;

"tourism industry" –

(a) means the industry relating to the commercial organisation and operation of holidays and visits to places of interest for tourists, both inbound and outbound; and

(b) includes –

 (i) activities provided principally as direct or essential support services to the organisation and operation of holidays and visits to places of interests referred to in paragraph (a), such as accommodation, food and drinks, and recreational and leisure facilities provided by establishments such as hotel and boarding house;

 (ii) in land tourists attraction, such as "domaines" and parks; and

 (iii) in flight catering services;

"tourist" –

(a) means a person who travels to a place outside his usual environment and stays at that place for not more than one year for leisure, business and other purposes not related to the exercise of an activity remunerated from within the place visited; and

(b) includes a person ordinarily resident in Mauritius;

"trainee'' means an employee, other than a kitchen helper or a cleaner, who is employed for the purpose of being trained in a job or, in the case of a certified trainee, of being graded in a job;

"valet" means an employee who is responsible, in respect of not more than 10 rooms, for making beds, cleaning bedrooms, bathrooms, arranging rooms and caring for clothes;

"victualler's shop" means premises where food, snacks and cakes and non-alcoholic drinks are sold for consumption on or off the premises;

"waiter'' means an employee who –

(a) serves at table not more than 25 guests at any one time;

(b) prepares and cleans tables;

(c) serves meals or refreshments in rooms; and

(d) performs other ancillary duties;

"waste water plant operative" means an employee who attends to the cleaning of sewerage plant or waste water treatment plant and performs minor repairs on them;

"watchperson" means an employee who –

(a) keeps watch over premises and property; and

(b) carries out periodic inspection tours within the premises and keeps appropriate records;

"welder" means an employee who –

(a) is capable of using and maintaining the tools of the trade;

(b) deals with electrodes in general use and prepares all materials for welding;

(c) carries out all forms of welding to mild steel and structural steel, and uses oxyacetylene torch and electric arc welding for simple cutting and welding; and

(d) reads and understands any drawings or specifications relating to his duties.

3. Every employee who works for his employer on 3 or more days in a working week shall, in respect of that week, be deemed to have remained in continuous employment.

4. Every employer who carries on his business on the premises of any establishment referred to in the definition of "tourism industry", or operates under the administrative control of any of the establishments, for the purposes of providing to the residents or guests of such establishments, food and drinks, recreational and leisure facilities, or any other facilities directly related to the tourism industry, shall comply with the provisions of these regulations.

5. (1) Subject to the other provisions of this regulation and regulation 10, every employee shall –

 (a) be remunerated at the rate specified in Column III of the First Schedule;

 (b) –

 (c) be governed by the conditions of employment specified in the Second Schedule.

(2) The rates specified in the First Schedule are inclusive of the appropriate additional remuneration payable under the Additional Remuneration (2013) Act 2012.

(3) (a) Every employee, other than a trainee or a watchperson, may be employed at a daily rate for a period not exceeding 3 months.

(b) Every employee who has been employed at a daily rate for a period of at least 3 months shall be employed at a monthly rate.

(4) Subject to paragraph (5), where a scale of wages applies to an employee, he shall be entitled to –

 (a) the initial wages prescribed in the scale which applies to him; and

 (b) one increment in respect of every period of 12 consecutive months of service he reckons with his employer in the category in which he is employed until he reaches the top wages of the scale.

(5) A period of training or adaptation shall not be reckoned as service for the purpose of paragraph (4).

[Editorial Note – Regulation 5(2) is amended on a yearly basis to specify the rates for the remuneration for the particular financial year. List of GNs amending it is not reproduced.]

6. Where an employee is called upon to replace an employee drawing higher remuneration, he shall be paid the remuneration applicable to that other employee.

7. (1) Subject to paragraphs (2) and (3) –

 (a) the period of training for a trainee shall not exceed 12 months;

 (b) where at the end of the training period, the employee continues to be employed, he shall be employed in the appropriate category;

 (c) no employee shall be employed as a trainee more than once by the same employer.

(2) The adaptation period for a certified trainee shall not exceed 3 months.

(3) Where at the expiry of 3 months, a certified trainee continues to be employed, he shall be employed in the appropriate category.

8. Any agreement by an employee to relinquish his right under these regulations shall be void.

9. Every employer to whom these regulations apply, shall display or cause to be displayed a copy of these regulations in a conspicuous place at the premises where his employees are working.

10. Nothing in these regulations shall –

(a) prevent an employer from paying an employee remuneration at a rate higher than that specified in the First Schedule or from providing him conditions of employment more favourable than those specified in the Second Schedule;

(b) authorise an employer to reduce an employee's remuneration or to alter his conditions of employment so as to make them less favourable.

11. - 12. 

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FIRST SCHEDULE

[Editorial Note – The First Schedule has not been reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year.]

_______________

SECOND SCHEDULE

[Regulations 2, 5 and 10]

1. Normal working hours

(1) The normal working week for every employee, other than a watchperson or a security officer, may begin on any day, whether or not a public holiday and consist of 48 hours of work, excluding time allowed for meal and tea breaks.

(2) Every employee shall be entitled on every working day to a meal break of 1 hour and 2 tea breaks of 15 minutes each.

(3) Except where his services are required in special circumstances, every employee shall be entitled to a rest day in each working week, and the rest day shall at least twice a month be a Sunday.

(4) No employee shall be required to work continuously for a period exceeding 16 hours.

(5) The normal working week for a watchperson and a security officer shall consist of 72 hours work, made up of 12 hours work on every working day.

2. Extra work

(1) Subject to paragraph 4, where an employee, other than a watchperson or a security officer –

 (a) works on a public holiday or a weekly rest day, he shall be remunerated –

  (i) for the first 8 hours, at twice the basic rate; and

  (ii) thereafter at 3 times the basic rate;

 (b) performs more than 48 hours' work in any week, not being hours of work referred to in sub subparagraph (a), he shall be remunerated at one and a half times the basic rate.

(2) Where a watchperson or a security officer –

 (a) works on a public holiday, he shall be remunerated –

  (i) for the first 12 hours, at twice the basic rate;

  (ii) thereafter, at 3 times the basic rate;

 (b) performs more than a normal day's work on any other day, he shall be remunerated at one and a half times the basic rate.

3. Notional calculation of basic rate

For the purpose of determining remuneration due for extra work or any other reasons –

(a) a month shall be deemed to consist of 26 days;

(b) a day shall be deemed to consist of –

 (i) 12 hours in the case of a watchperson and a security officer;

 (ii) 8 hours in every other case.

4. Extra remuneration for public holidays

(1) Where an employee, other than a monthly paid employee, has remained in continuous employment with the same employer for 12 consecutive months, he shall be entitled, in the following 12 months, to a normal day's pay in respect of every public holiday, other than a Sunday on which he is not required to work that occurs while he remains in the continuous employment of the employer.

(2) Where an employee specified in subparagraph (1) is called upon to work on a public holiday, other than a Sunday, he shall be paid at the end of the next pay period, in addition to the normal day's pay provided under subparagraph (1), any remuneration due under paragraph 2.

(3) Where a monthly paid employee is called upon to work on a public holiday, other than a Sunday, he shall be paid at the end of the next pay period, in addition to his normal wage, any remuneration due under paragraph 2.

5. Payment of remuneration

(1) Every employee shall be paid his wages during working hours –

 (a) in the case of a monthly paid employee, not later than the second working day in the following month;

 (b) in any other case, not later than the last working day of every week.

(2) Every employer shall, at the time of paying the wages of an employee, issue to him a payslip stating inter alia

 (a) the employee's name, National Identity Card Number, category, job title, grade and rates of pay;

 (b) the total number of days on which he was present at work;

 (c) the number of hours of extra work performed by him and the corresponding extra payment;

 (d) each item of allowance, including any productivity payment;

 (e) his total wages; and

 (f) every deduction made and the reason thereof.

6. Transport benefits and facilities

(1) Where the distance between an employee's residence and his place of work exceeds 3 kilometres, his employer shall either provide him with free transport to and from his place of work, or pay him the equivalent of the return bus fare.

(2) Subject to subparagraph (3), where the distance between an employee's residence and his place of work exceeds 3 kilometres and where the employee attends work by his own means of transport, he shall be entitled to an allowance equivalent to the corresponding return bus fare.

(3) Where an employee is required by his employer to attend, or cease work, at any time when no public bus service is available, the employer shall, irrespective of the distance between the place of residence and the place of work, provide appropriate free means of transport –

 (a) from the employee's residence to his place of work; or

 (b) from the employee's place of work to his residence,

such transport being provided from, or up to, the nearest practicable place from the employee's residence.

(4) Where an employer provides transport for his employee, the transport shall be properly fitted with well secured seating and back-rest facilities.

7. Uniforms and protective equipment

(1) Every employer shall provide –

 (a) two sets of uniform and a pair of shoes to every employee, other than an employee referred to at sub subparagraphs (d) and (e);

 (b) two caps to every head cook, assistant head cook, cook, assistant cook, head pastry cook, assistant head pastry cook, pastry cook, assistant pastry cook, cafetier and assistant cafetier;

 (c) a pair of gloves to every kitchen helper, cleaner, waste water plant operative and gardener;

 (d) a pair of safety shoes or steel-capped shoes or boots, as the case may require, and 2 uniforms to every cabinet maker, carpenter, electrician, welder/plumber, mason, painter, refrigeration mechanic, handyperson and assistant handyperson;

 (e) one raincoat, a pair of boots or shoes and 2 sets of uniform to every watchperson, security officer, waste water plant operative and gardener.

(2) The uniforms and protective equipment referred to in subparagraph (1) shall be provided by the employer when the employee first assumes duty and shall be renewed, in respect of items provided under subparagraphs (1)(a), (d) and (e) by 31 March at latest every year, except for –

 (a) the issue of raincoat which shall be effected every 2 years at latest by 31 March; and

 (b) the items specified in subparagraphs (1)(b) and (c), which shall be issued when they become unserviceable.

(3) An employee shall be entitled to the re-issue to him of the uniforms and protective equipment referred to in subparagraph (2) by 31 March where he has assumed duty within a period of 6 months prior to that date.

(4) The uniforms and protective equipment referred to in subparagraph (1) shall remain the property of the employer.

(5) Notwithstanding the protective equipment granted under subparagraph (1), the employer shall abide by the provisions of the Occupation Safety and Health Act.

8. Joint liability

Where an employer employs a job contractor, both shall be jointly and severally liable for the remuneration and conditions of employment, including the safety and health of their employees.

9. Annual leave

(1) Subject to subparagraph (2), where an employee has remained in continuous employment with the same employer for 12 consecutive months, he shall during each subsequent period of 12 months, while he remains in the continuous employment of the employer, be entitled to 14 working days' leave on full pay.

(2) (a) Subject to sub subparagraph (b), 7 days out of the 14 days' leave referred to in subparagraph (1) may be taken either consecutively or otherwise, at the employee's discretion, provided he has given reasonable notice to his employer.

 (b) The employer shall not, without reasonable cause, withhold the granting of leave under sub subparagraph (a).

 (c) The remaining 7 days shall be taken at such time as the employer and the employee may agree or, in default of agreement, at such time as the employer shall determine.

(3) Subject to subparagraph (4), where an employee has not taken or been granted all the leave to which he is entitled under subparagraph (1), he shall be paid a normal day's pay in respect of each day's annual leave still due at the end of the period of 12 months.

(4) Subparagraph (3) shall not apply where an employee is dismissed for misconduct.

10. Sick leave

(1) Subject to subparagraph (2), where an employee has remained in continuous employment with the same employer for 12 consecutive months, he shall, during each subsequent period of 12 months, while he remains in the continuous employment of the employer, be entitled to –

 (a) 21 days' sick leave on full pay; and

 (b) a further period of 20 days on half pay in respect of any time which is –

  (i) wholly spent in a clinic or hospital; or

  (ii) certified by a medical practitioner of a clinic or hospital as being necessary for the convalescence of the employee after having been discharged from the clinic or hospital.

(2) (a) Where an employee absents himself on grounds of illness, he shall notify his employer of the fact on the first day of such absence, unless he is genuinely unable to do so, in which case he shall do so not later than the second day of such absence.

(b) Where an employee referred to in sub subparagraph (a) remains ill for more than 4 consecutive days, he shall forward to his employer a medical certificate –

  (i) where the employee was admitted to a hospital or clinic, within 3 days following his discharge;

  (ii) in every other case, not later than 10.00 hours on the fifth day of absence.

(3) An employer may at his own expense, cause a medical practitioner to examine an employee who is absent owing to illness, with the employee's consent.

11. Maternity protection

(1) Subject to subparagraph (3), where a female employee has remained in continuous employment with the same employer for 12 months immediately preceding her confinement, she shall, on production of a medical certificate, be entitled to –

 (a) 12 weeks' leave on full pay to be taken either –

  (i) before or after confinement, provided that at least 6 weeks' leave shall be taken immediately following the confinement; or

  (ii) after confinement; and

 (b) an allowance of 3,000 rupees payable within 7 days of her confinement.

(2) (a) Where a female employee who has remained in continuous employment with the same employer for 12 months gives birth to a still-born child and the still-birth is duly certified by a medical practitioner, she shall be entitled, upon the advice of her medical practitioner, to opt either for 2 weeks' leave or for 12 weeks' leave on full pay.

 (b) Where the employee opts to take 12 weeks' leave, the leave shall be deductible from the 3 confinements provided for under subparagraph (3).

(3) Where a female employee who, has at any time had 3 confinements, or reckons less than 12 months continuous employment is pregnant, she shall not be entitled to the benefits specified in subparagraph (1)(b), but she shall be entitled to the leave specified in subparagraph (1)(a) or (2) as the case may be, without pay.

(4) Where a female employee suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks' leave on full pay immediately after the miscarriage.

(5) Every female employee who has entered the seventh month of pregnancy shall be offered, as far as is reasonably practicable and at her request, all appropriate working facilities as maybe recommended by her medical practitioner.

(6) Subject to paragraph (7), where a female employee is nursing her unweaned child, she may require her employer to allow her at such time as is convenient to her –

 (a) a break of one hour daily; or

 (b) a break of half an hour twice daily,

for the purpose of nursing her unweaned child.

(7) The employer may require a break referred to in subparagraph (6) to be taken immediately before or after a meal or tea break.

(8) No break taken under subparagraph (6) shall be deducted from the number of hours of work of the employee.

[Para. 11 amended by s. 30 of Act 33 of 2008 w.e.f. 11 June 2013.]

12. End of year bonus

(1) Every employee who has remained in continuous employment with the same employer for one year shall be entitled at the end of that year to a bonus equivalent to one-twelfth of his earnings for that year.

(2) Every employee who –

 (a) takes employment during the course of the year;

 (b) is still in employment as at 31 December; and

 (c) has performed a number of normal days' work equivalent to not less than 80 per cent of the working days on which he has been called upon to work by his employer in that year,

shall be entitled at the end of that year to a bonus equivalent to one-twelfth of his earnings for that year.

(3) The employer shall pay 75 per cent of the expected bonus specified in paragraphs (1) and (2) not later than 5 clear working days before 25 December and the balance not later than on the last working day of the same year.

(4) For the purpose of this paragraph, a day on which an employee –

 (a) was absent with his employer's authorisation;

 (b) has reported for work but has not been offered work by his employer; or

 (c) has absented himself on grounds of –

  (i) illness and notification of his illness has been given to his employer pursuant to subparagraph 10(2);

  (ii) injury arising out of and in the course of employment,

shall be reckoned as a working day.

13. Work in cyclonic weather

Where an employee works or is required by his employer to remain on the latter's premises or at any other place which is within the control of his employer on a day on which a cyclone warning class III or IV is in force, the employee shall, in addition to any remuneration due to him, be entitled to –

(a) an allowance equal to 3 times the basic rate in respect of every hour; and

(b) adequate meals.

14 Overseas leave

(1) Where a worker reckons continuous employment with the same employer for a period of at least 15 years, the employer shall grant the worker one overseas leave of at least 2 months to be wholly spent abroad.

(2) Where leave is granted under subparagraph (1), the employee shall be entitled to a minimum of one month of the leave with pay, which pay shall be effected 7 days before he proceeds abroad.

(3) Overseas leave shall be deemed to constitute attendance at work.

15. Gratuity on retirement before 60 on medical grounds

(1) Where an employee who has been in continuous employment with the same employer for not less than 10 years, retires before the age of 60 on the ground of permanent incapacity to perform his work and such incapacity is duly certified by a Government Medical Practitioner, the employer shall pay a gratuity to the employee.

(2) The gratuity specified in subparagraph (1) shall be paid in a lump sum calculated on the basis of 15 days' basic wages per year of service, irrespective of any benefits the employee may be entitled to under the National Pensions Act.

(3) For the purpose of subparagraph (2) –

 (a) the employee's years of service shall be computed as from the first day of the period during which he has been in continuous employment with the same employer up to his last day of employment;

 (b) "basic wages" means the employee's last drawn basic wages.

16. Death grant

(1) Where an employee who has been in continuous employment with the same employer for not less than 12 consecutive months dies, the employer shall pay an amount of 3,500 rupees to –

 (a) his spouse; or

 (b) the person who satisfies the employer that he has borne the funeral expenses, where the employee leaves no spouse.

(2) For the purpose of subparagraph (1) –

 "spouse" means the person with whom the employee had contracted a civil or religious marriage and with whom he was living under a common roof at the time of his death.

17. Gratuity at death

(1) Where an employee who has been in continuous employment with the same employer for not less than 10 years dies, the employer shall pay a gratuity in the manner specified in subparagraph (2).

(2) The gratuity referred to in subparagraph (1) shall be paid –

 (a) in a lump sum calculated on the basis of 15 days basic wages per year of service;

 (b) to the spouse of the deceased employee or, where he leaves no spouse, in equal proportions to his dependants; and

 (c) irrespective of any benefits the spouse of the deceased employee or dependants may be entitled to under the National Pensions Act.

(3) For the purpose of subparagraph (2) –

 (a) years of service of the deceased employee shall be computed as from the first day of the period during which he has been in continuous employment with the same employer up to his last day of employment;

 (b) "basic wages" means the deceased employee's last drawn basic wages.

(4) For the purpose of subparagraph (2)(b) and (c) –

 "dependant" means any person who was living in the deceased employee's household and was wholly or partly dependent on his earnings at that time of his death; and

 "spouse" means the person with whom the employee had contracted a civil or religious marriage and with whom he was living under a common roof at the time of his death.

[Second Sch. amended by s. 30 of Act 33 of 2008 w.e.f. 11 June 2013.]

_______________

Cinema Employees (Remuneration Order) Regulations 2005

[GN 171 of 2005 – 1 October 2005] [Section 93]

1. These regulations may be cited as the Cinema Employees (Remuneration Order) Regulations 2005.

2. In these regulations –

"assistant projectionist" means an employee who assists the projectionist in his duties and is able, in the absence of the projectionist, to operate a projection equipment and its sound producing equipment;

"box-office attendant" means an employee who sells or delivers tickets, receives cash from the public and is accountable therefor to his employer;

"café" means a space in a cinema lobby where soft drinks, ice-cream, lollies, nibbles and the like are sold;

"café assistant" means an employee who performs the following duties –

(a) fills the selling tray with articles collected from the café;

(b) sells ice-cream, lollies, nibbles and the like inside viewing halls;

(c) receives cash and is accountable therefor to the café keeper; and

(d) returns any unsold article to the café;

"café keeper" means an employee who is in charge of a café and who, for the purposes of running it, –

(a) displays and sells soft drinks, ice-cream, lollies, nibbles and the like;

(b) replenishes stock as and when required;

(c) records items issued to the café assistant; and

(d) is responsible for cash sales, keeps relevant records and is accountable therefor to his employer;

"caretaker/cleaner" means an employee who watches over the premises of a cinema after an evening performance and, before going off-duty, cleans the viewing halls;

"casual employee" means an employee engaged occasionally;

"cinema" means a theatre which consists of one or more viewing halls used for the projection of films and accommodation of viewers;

"cleaner" means an employee who cleans the premises of a cinema and who may be required to stick bills and perform other cognate duties;

"continuous employment", for the purposes of paragraphs 2, 7, 8 and 9 of Part II of the First Schedule, means –

(a) in respect of employees specified in Part I of the Second Schedule, 195 days' work in any period of 12 consecutive months, including Sundays and other public holidays;

(b) in respect of employees specified in Part II of the Second Schedule, 312 shows in any period of 12 consecutive months;

"driver" means an employee who –

(a) drives a motor vehicle used for the transport of equipment, material and personnel;

(b) is responsible for keeping the motor vehicle clean and in good running condition; and

(c) may be required to effect minor repairs to the motor vehicle;

"earnings" –

(a) means basic wages; and

(b) includes –

 (i) wages for work done in excess of a normal day's work or on a public holiday;

 (ii) in the case of an employee specified in Part II of the Second Schedule, any amount earned for additional shows;

 (iii) remuneration paid under paragraphs 2, 3, 7(1), 8, 10, and 11(1)(a), (2) and (4) of Part II of the First Schedule; and

 (iv) any productivity payment;

"employee" –

(a) means a person who is employed by an employer in the cinema industry;

(b) does not include a person governed by any other Remuneration Regulations;

"employer" means an employer in the cinema industry;

"good and sufficient cause" includes –

(a) illness or injury certified by a medical practitioner;

(b) absence authorised by an employer;

"helper" means an employee who accompanies a driver in a motor vehicle for the purpose of carrying, loading and unloading of equipment and material to be conveyed, or which has been conveyed;

"officer" means the Permanent Secretary of the Ministry or any public officer duly authorised by him;

"productivity payment" –

(a) means all sums of money, by whatever name called, paid to any employee, in respect of any work performed by him, in addition to the basic wages agreed upon between him and his employer, or prescribed, as the case may be, and exclusively related to productivity;

(b) does not include payments such as meal allowance, transport allowance or any other allowance or payment not related to productivity;

"projectionist" means an employee who may be required to perform one or more of the following duties –

(a) operate projection equipment and the corresponding sound producing equipment during a show from one projection booth;

(b) stick films together and unstick them later after projection as per instructions from the employer or his representative;

(c) attend to film breakages and effect necessary repairs;

(d) rewind projected films;

(e) maintain the projection and sound producing equipment clean and effect minor repairs to the said equipment;

(f) cut and re-adjust a film reel in accordance with the instructions given by, or on behalf of, his employer;

(g) keep a record of films entrusted to him for projection purposes;

"prolonged illness" means the period of illness of an employee which is –

(a) wholly spent in a clinic or hospital; or

(b) spent at home for the recuperation of his health, on the recommendation of a medical practitioner of a clinic or hospital, or of a panel of doctors agreed upon between the employer and the employee or the employee's trade union representative;

"show" means the projection of –

(a) one or more films within a viewing hall at one session; or

(b) one film in more than one viewing hall within a cinema simultaneously or successively, provided that in the latter case the time lag between the start of the projection in one viewing hall and the start of the projection in the second or more viewing halls, does not exceed half an hour;

"store assistant" means an employee who –

(a) delivers from, and receives at, the premises of the cinema or any other place held by the employer, film reels and other equipment;

(b) repairs films which are in his custody; and

(c) is responsible for recording and controlling the stock;

"ticket controller" means an employee who –

(a) controls admittance to viewing halls;

(b) is responsible for receiving and checking admission tickets; and

(c) is accountable therefor to his employer;

"usher" means an employee who is responsible for ushering viewers to their seats.

3. For the purpose of computing an employee's continuous employment every day on which –

(a) an employee is absent on approved leave, including annual leave, sick leave, prolonged illness and maternity leave;

(b) an employer is unable to provide work,;

(c) a cyclone warning Class III or IV is in force; or

(d) an employee is absent on injury leave, following injury arising out of and in the course of his employment,

shall be deemed, in respect of an employee specified in –

(i) Part I of the Second Schedule, to be a day on which he has worked;

(ii) Part II of the Second Schedule, to be a day on which he has worked for one show.

4. Every employee specified in Part II of the Second Schedule may be required –

(a) to report for duty not later than one hour before the time scheduled for the start of a show; and

(b) to stay at the place of employment for half an hour after the show.

5. The post of box-office attendant, ticket controller and usher may, at the employer's discretion, be interchangeable and filled by 2 or more persons.

6. (1) Subject to regulation 12, every employee shall be –

 (a) remunerated at the rates specified in the Second Schedule; and

 (b) governed by the conditions of employment specified in the First Schedule.

(2) The rates specified in the Second Schedule include the appropriate additional remuneration payable under the Additional Remuneration (2013) Act 2012.

[EDITORIAL NOTE – Regulation 6(2) is amended on a yearly basis to specify the rates for the remuneration for the particular financial year. List of GNs amending it is not reproduced.]

7. Subject to paragraph 3 of Part II of the First Schedule, no projectionist shall be required to operate more than 3 projection equipment, and their corresponding sound producing equipment, during a show.

8. Where an assistant projectionist replaces a projectionist, he shall be paid the remuneration payable to the projectionist.

9. Every employee, other than a casual employee, shall be remunerated on a monthly basis.

10. (1) Every employer shall –

 (a) keep a wages book and an attendance book, in the form set out in the Third and Fourth Schedules, respectively;

 (b) display a copy of these regulations in a conspicuous place in every cinema where he has employees.

(2) The records specified in paragraph (1)(a) shall be produced by the employer for inspection on request made by the Minister or an officer.

11. Any agreement by an employee to relinquish his right to a paid holiday or to forego leave to which he is entitled shall be void.

12. Nothing in these regulations shall –

(a) prevent an employer from paying an employee remuneration at a rate higher than that specified in the Second Schedule or from providing him with conditions of employment more favourable than those specified in the First Schedule;

(b) authorise an employer to reduce an employee's remuneration or to alter his conditions of employment so as to make them less favourable.

13. - 14. 

_______________

FIRST SCHEDULE

[Regulations 2 and 6]

PART I – WORK SCHEDULE

Sub-Part A – Provisions Specifically Applicable to Employees of Part I of the First Schedule

1. A normal working week for every employee shall consist of 45 hours, made up of –

 (a) 8 hours' work on each of 5 days of the week, excluding a meal break of one hour;

 (b) 5 hours' work on one day which shall be the same day every week.

2. Subject to paragraph 3, where an employee –

 (a) works on a public holiday, he shall be remunerated –

  (i) for the first 8 hours at twice the basic rate per hour;

  (ii) thereafter, at thrice the basic rate per hour;

 (b) performs more than a normal day's work on any day, other than a public holiday, he shall be remunerated in respect of the extra hours at one and a half times the basic rate per hour.

3. (1) Subject to subparagraph (2), where an employee is required to perform extra work immediately after a normal day's work, he shall be granted a rest period of 15 minutes after the normal day's work, or at a time to be mutually agreed between the employer and the employee.

 (2) A rest period referred to in subparagraph (1) shall not be reckoned as falling within working hours.

4. Every employee shall be entitled to be off on at least one Sunday in a month.

Sub-Part B – Provisions Specifically Applicable to Employees of Part II of the First Schedule

1. Every employee, other than a casual employee, shall be provided with work for up to 28 shows a month and shall be remunerated at the appropriate rate specified in the second column of Part II of the Second Schedule, unless he absents himself without good and sufficient cause.

2. Where an employee referred to in paragraph 1, works for more than 28 shows in a month, he shall be remunerated for each additional show at the appropriate rate specified in the third column of Part II of the Second Schedule.

3. A show performed on a public holiday shall be deemed to be 2 shows –

 (a) for the purposes of paragraphs 1 and 2; and

 (b) for the determination of continuous employment.

4. Casual employees shall be remunerated at the rate per show specified in the third column of Part II of the Second Schedule.

5. Where a casual employee is required to work on a public holiday, he shall be remunerated for each show at twice the appropriate rate referred to in paragraph4.

6. Every employee, other than a casual employee, shall be entitled to be off on at least one Sunday in a month.

PART IIOTHER CONDITIONS OF EMPLOYMENT

1. Notional calculation of basic rate

For the purpose of determining remuneration due –

(a) for extra work or any other reason in respect of an employee referred to in Part I of the Second Schedule –

 (i) a month shall be deemed to consist of 26 days;

 (ii) a day shall be deemed to consist of 8 hours;

(b) in respect of an employee referred to in Part II of the Second Schedule, a normal day's remuneration shall be equivalent to one-twenty-eighth of his remuneration specified in the second column of that Part.

2. Extra remuneration for public holidays

(1) Where an employee, other than a monthly paid employee or an employee specified in Part II of the Second Schedule, remains in the continuous employment of an employer, he shall be entitled to a normal day's pay in respect of every public holiday, other than a Sunday, that occurs while he is in the service of the employer.

(2) Where an employee specified in subparagraph (1) is called upon to work on a public holiday, other than a Sunday, he shall be paid at the end of the next pay period, in addition to the normal day's pay provided under paragraph (1), any remuneration due under paragraph 2(a) of sub-part A of Part I of this Schedule.

(3) Where a monthly paid employee, other than an employee specified in Part II of the Second Schedule, is called upon to work on a public holiday, other than a Sunday, he shall be paid at the end of the next pay period, in addition to his normal wage, any remuneration due under paragraph 2(a) of sub-part A of Part I of this Schedule.

3. Allowance to projectionist

Subject to regulation 7, where a projectionist is required to operate more than one projection equipment during a show, he shall be entitled to an allowance equivalent to 5 per cent of his normal day's remuneration in respect of every additional projection equipment operated by him.

4. Payment of remuneration

(1) Every employee shall be paid his wages during working hours –

 (a) in the case of an employee, other than a casual employee, not later than the second working day in the following month;

 (b) in the case of a casual employee, not later than on the day following the day on which he has worked.

(2) Every employer shall, at the time of paying the wages of an employee, issue to him a payslip stating, inter alia –

 (a) the employee's name, NIC number, category and rates of pay;

 (b) the total number of days or shows, as the case may be, on which he was present at work during the relevant pay period;

 (c) the number of hours of extra work or additional shows performed by him and the corresponding extra payment;

 (d) his total wages and every item of allowance, including any productivity payment;

 (e) every deduction made and the reasons for every deduction.

(3) In this paragraph –

 "NIC number" has the same meaning as in the Civil Status Act

5. Transport benefits and facilities

(1) Subject to subparagraph (3), where the distance between an employee's residence and his place of work exceeds 3 kilometres, his employer shall either provide him with free transport to and from his place of work, or pay him the equivalent of the return bus fare.

(2) Subject to subparagraph (3), where the distance between an employee's residence and his place of work exceeds 3 kilometres and where the employee attends work by his own means of transport, he shall be entitled to an allowance equivalent to the corresponding return bus fare.

(3) Where an employee is required by his employer to attend or cease work at any time when no public bus service is available, the employer shall, irrespective of the distance between the place of residence and the place of work, provide appropriate free means of transport –

 (a) from the employee's residence to his place of work; or

 (b) from the employee's place of work to his residence,

the transport being provided from, or up to, the nearest practicable place from the employee's residence.

(4) Where an employer provides transport for his employees, the transport shall be properly fitted with well secured seating and back rest facilities.

6. Uniforms and protective equipment

(1) Every employer shall provide –

 (a) 2 sets of uniform to every employee; and

 (b) 2 pairs of rubber gloves to every cleaner and caretaker/cleaner.

(2) The items provided under subparagraph (1) shall be first issued on assumption of duty by the employee and be renewed, in respect of the uniforms, not later than 31 March in every year, and in respect of the gloves, as and when they become unserviceable.

(3) An employee shall not be entitled to the re-issue to him of the uniforms and protective equipment referred to in subparagraph (1) by 31 March where he has assumed duty within a period of 6 months prior to that date.

(4) The uniforms and protective equipment provided under subparagraph (1) shall remain the property of the employer.

(5) Notwithstanding subparagraph (1), every employer shall abide by the Occupational Safety and Health Act.

7. Annual leave

(1) Subject to subparagraph (2), where an employee, other than a casual employee, remains in continuous employment of an employer, he shall, in the following 12 months, be entitled to 16 working days' leave on full pay.

(2) (a) Subject to sub subparagraph (b), 8 days of the leave may be taken consecutively or otherwise, at the employee's discretion, provided he gives reasonable notice to his employer.

 (b) The employer shall not, without reasonable cause, withhold the granting of leave under sub subparagraph (a).

 (c) The remaining 8 days' leave shall be taken at such time as the employer and the employee may agree or, in default of an agreement, at such time as the employer shall determine.

(3) Subject to subparagraph (4), where an employee does not take or is not granted all the leave to which he is entitled to under subparagraph (1), he shall be paid a normal day's pay in respect of each day's annual leave still due at the end of the period of 12 months.

(4) Subparagraph (3) shall not apply where an employee is, before the expiry of the period of 12 months, dismissed for misconduct.

8. Sick leave

(1) Subject to subparagraph (2), where an employee, other than a casual employee who remains in the continuous employment of an employer is sick, the employee shall, during the following 12 months, be entitled to –

 (a) 21 days' sick leave on full pay; and

 (b) a further period of 25 days' sick leave on half pay for prolonged illness.

(2) (a) Where an employee absents himself on grounds of illness, he shall notify his employer of the fact not later than one hour before the start of the first show on the first day of absence, unless he is genuinely unable to do so, in which case he shall effect the notification on the second day of absence at latest.

 (b) Where an employee referred to in sub subparagraph (a) remains ill for more than 4 consecutive days, he shall, in addition, forward to his employer a medical certificate –

  (i) where the employee was admitted to a hospital or similar institution, within 3 days following his discharge;

  (ii) in every other case, not later than the fifth day of absence.

(3) An employer may, with the employee's consent and at his own expense, cause a medical practitioner to examine his employee who is absent due to illness.

9. Medical expenses

Where an employee, other than a casual employee, remains in the continuous employment of an employer, the employee shall be entitled to the refund of expenses for a sum not exceeding 1,000 rupees per year for his medical treatment and for any dental extraction.

10. Special leave

(1) Subject to subparagraph (2), every employee shall be entitled to 5 continuous working days' leave on full pay on the occasion of his marriage.

(2) No employee shall claim the leave specified in subparagraph (1) more than once.

11. Maternity protection

(1) Subject to subparagraph (3), where a female employee remains in the continuous employment of an employer for 12 months immediately preceding her confinement, she shall, on production of a medical certificate, be entitled to –

 (a) 12 weeks' leave on full pay to be taken at her discretion –

  (i) before or after confinement, provided that at least 6 weeks' leave shall be taken immediately following the confinement; or

  (ii) after confinement; and

 (b) an allowance of 3,000 rupees payable within 7 days of her confinement.

(2) (a) Where a female employee who remains in the continuous employment of an employer for 12 months gives birth to a stillborn child and the stillbirth is duly certified by a medical practitioner, she shall be entitled, upon the advice of her medical practitioner, to opt for 2 weeks' leave on full pay or 12 weeks' leave on full pay.

 (b) Where a female employee opts to take 12 weeks' leave, the leave shall be deductible from the 3 confinements as provided for in subparagraph (3).

(3) Where a female employee who has, at any time, had 3 confinements or reckons less than 12 months continuous employment is pregnant, she shall not be entitled to the benefits specified in subparagraph (1)(b) but she shall be entitled to the leave specified in subparagraph (1)(a) or (2), as the case may be, without pay.

(4) Where a female employee suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks' leave on full pay immediately after the miscarriage.

(5) Every female employee who enters the seventh month of pregnancy shall be offered, as far as is reasonably practicable and at her request, all appropriate working facilities as her medical practitioner may recommend.

(6) Subject to subparagraph (7), where a female employee is nursing her unweaned child, she may require her employer to grant her, at such time as is convenient to her –

 (a) a break of one hour daily; or

 (b) a break of half an hour twice daily,

for the purpose of nursing her unweaned child.

(7) The employer may require a break referred to in subparagraph (6) to be taken immediately before or after a meal or tea break.

(8) No break taken under subparagraph (6) shall be deducted from the number of hours of work of the employee.

12. End of year bonus

(1) Every employee, including a casual employee, who remains in the continuous employment of an employer for one year, shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(2) Every employee, including a casual employee, who –

 (a) takes employment during the course of the year;

 (b) is still in employment as at 31 December; and

 (c) performs a number of normal days' work equivalent to not less than 80 per cent of the working days on which, or shows for which, he is called upon to work by his employer in that year,

shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(3) An employer shall pay 75 per cent of the expected bonus referred to in subparagraphs (1) and (2) not later than 5 clear working days before 25 December and the balance not later than on the last working day of the same year.

13. Overseas leave

(1) Every employer shall grant to every employee, other than a casual employee, reckoning continuous employment with him for a period of at least 15 years, one period of overseas leave of at least 2 months to be spent wholly abroad.

(2) At least one month of the leave specified in subparagraph (1) shall be with pay, that pay to be effected in advance and at least 7 days before the employee proceeds abroad.

(3) Overseas leave referred to in this paragraph shall be deemed to constitute attendance at work.

14. Gratuity on retirement before 60 on medical grounds

(1) Where an employee, other than a casual employee, who has been in the continuous employment of an employer for not less than 10 years retires before the age of 60 on ground of permanent incapacity to perform his work which is duly certified by a Government medical practitioner, the employer shall pay a gratuity to the employee.

(2) The gratuity referred to in subparagraph (1) shall be paid in a lump sum calculated on the basis of 15 days' basic wages per year of service, irrespective of any benefits the employee may be entitled to under the National Pensions Act.

(3) For the purpose of subparagraph (2) –

 (a) an employee's years of service shall be computed as from the first day of the period during which he has been in continuous employment with the same employer up to his last day of employment;

 (b) "basic wages" means the employee's last drawn basic wages.

15. Death grant

(1) Where an employee who remains in the continuous employment of an employer for not less than 12 consecutive months dies, the employer shall pay an amount of 3,500 rupees –

 (a) to his spouse; or

 (b) if he leaves no spouse, to the person who satisfies the employer that he has borne the funeral expenses.

(2) For the purpose of paragraph (1) –

 "spouse" means the person with whom the employee had contracted a civil or religious marriage and with whom he was living under a common roof at the time of his death.

16. Gratuity at death

(1) Where an employee, other than a casual employee, who remains in the continuous employment of an employer for not less than 10 years dies, the employer shall pay a gratuity to the employee in accordance with subparagraph (2).

(2) The gratuity referred to in subparagraph (1) shall be paid –

 (a) in a lump sum and calculated on the basis of 15 days' basic wages per year of service;

 (b) to the deceased employee's spouse or, where he leaves no spouse, in equal proportions to his dependants; and

 (c) irrespective of any benefits the deceased employee's spouse or the dependants may be entitled to under the National Pensions Act.

(3) For the purpose of subparagraph (2) –

 (a) a deceased employee's years of service shall be computed as from the first day of the period during which he had been in continuous employment with the same employer up to his last day of employment;

 (b) "basic wages" means the deceased employee's last drawn basic wages.

 (c) "dependant" means any person who was living in the deceased employee's household and was wholly or partly dependent on his earnings at the time of his death;

 (d) "spouse" means the person with whom the employee had contracted a civil or religious marriage and with whom he lived under a common roof at the time of his death.

_______________

SECOND SCHEDULE

[EDITORIAL NOTE – The Second Schedule is not reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year.]

_______________

THIRD SCHEDULE

[Regulation 10]

WAGES BOOK – YEAR .....

Name of employee .............................................................................................................

National Identity Card no. ....................................................................................................

Category ............................................................................................................................

Date of entry in employment .................................................................................................

Month

No. of days worked/no. of shows performed

Wages

Remuneration for overtime/extra shows

Allowances or other payment

Total

Deductions

Net wages paid

Signature of employee

_______________

FOURTH SCHEDULE

[Regulation 10]

ATTENDANCE BOOK – YEAR .....

Name of employee .............................................................................................................

National Identity Card no. ....................................................................................................

Category ............................................................................................................................

Date of entry in employment ................................................................................................

Date

Time of arrival

Time of departure

No. of shows performed (where applicable)

Signature of employer

Signature of employee

_______________

Cleaning Enterprises (Remuneration) Regulations 2013

[GN 191 of 2013 – 1 August 2013] [Section 93]

1. These regulations may be cited as the Cleaning Enterprises (Remuneration) Regulations 2013.

2. In these regulations –

"accounts clerk" means a worker who performs one or more of the following duties –

(a) receiving cash and keeping relevant records;

(b) preparing money for deposits in bank and arranging withdrawals;

(c) effecting bank deposits and withdrawals;

(d) making up wage packets and wage sheets; and

(e) doing related work as may be required;

"cleaner" means a worker engaged in the general cleaning, and keeping in orderly condition, of premises;

"cleaning enterprise" means the enterprise engaged in the general cleaning, and keeping in orderly condition, of premises, streets and other public places;

"clerk" –

(a) means a worker who performs clerical or similar duties; and

(b) includes a typist;

"continuous employment" means the employment of a worker under an agreement or under more than one agreement where the interval between one agreement and the next does not exceed 28 days;

"driver" means a worker in possession of a valid driving licence for the vehicle he is required to drive and who –

(a) drives a motor vehicle for transport of refuse, materials or personnel;

(b) makes minor repairs and keeps the vehicle clean and in good running order;

(c) carries out daily routine maintenance and checks; and

(d) reports any mechanical defects promptly to his employer;

"driver grade I" means a worker who drives a vehicle of 10 tonnes or more;

"driver grade II" means a worker who drives a vehicle of more than 5 tonnes and less than 10 tonnes;

"driver grade III" means a worker who drives a vehicle of not more than 5 tonnes;

"earnings" –

(a) means basic wages; and

(b) includes –

 (i) wages earned for extra work under paragraph 2 of the Second Schedule;

 (ii) remuneration paid under paragraphs 5,6,10,13(1)(a), (2) and (3), 14 and 17 of the Second Schedule; and

 (iii) any productivity payment;

"helper" means a worker who accompanies a driver for the purpose of loading and unloading refuse or materials carried in the vehicle;

"lavatory attendant" means a worker who –

(a) cleans lavatories and maintains their tidiness; and

(b) is called upon, as and when required, to perform the duties of a scavenger;

"productivity payment" –

(a) means any sum of money, by whatever name called, paid to a worker, in respect of any work performed by him, in addition to the basic wages agreed upon between him and his employer and which is related to productivity;

(b) does not include payments such as meal allowance, transport allowance or any other allowances or payments not related to productivity;

"receptionist/telephonist" means a worker who performs one or more of the following duties –

(a) operating a telephone switchboard;

(b) receiving, recording and passing telephone messages;

(c) supplying information to callers and directing them to persons called upon;

(d) keeping records of callers; and

(e) doing related work as may be required;

"refuse" includes household refuse as well as garden or yard refuse, waste, whether solid or otherwise, including hazardous waste, clinical waste and pharmaceutical waste, litter or anything which is being disposed of;

"scavenger" means a worker who –

(a) cleans streets and other public places; and

(b) collects refuse;

"short-term contract" means a contract of employment of more than one month and less than 12 months;

"store clerk" means a worker who is responsible for the procurement, receipt, custody and issue of materials in a store and the keeping of records thereof;

"supervisor" means a worker who –

(a) is responsible for supervising the work of other workers; and

(b) is called upon, as and when required, to record the attendance of workers under his supervision;

"vehicle attendant" means a worker who accompanies a driver for the purpose of changing flat tyres and securing any cargo carried by the vehicle and doing similar light duties;

"worker" –

(a) means a person who works under a contract of employment with a cleaning enterprise, whether the contract is oral or in writing;

(b) does not include a worker –

 (i) whose conditions of employment are governed by any other Remuneration Regulations;

 (ii) employed by a statutory body or a local authority, as the case may be, whose conditions of employment are governed by the recommendations made by the Pay Research Bureau, or a salary commission, by whatever name called.

3. (1) Subject to the other provisions of this regulation and regulation 5, every worker shall be –

 (a) remunerated at the rates specified in the First Schedule; and

 (b) governed by the conditions of employment specified in the Second Schedule.

(2) The rates specified in the First Schedule are inclusive of the appropriate additional remuneration payable under the Additional Remuneration (2013) Act 2012.

(3) Where a worker is in the continuous employment of an employer in a category to which a scale of wages as set out in the First Schedule applies, the worker shall be entitled to one increment for each completed year of service in the category until the worker reaches the top wages of the scale.

4. Any agreement by a worker to relinquish his right to a paid holiday or to forego such holiday shall be void.

5. Nothing in these regulations shall –

(a) prevent an employer from –

 (i) paying a worker remuneration at a rate higher than that specified in the First Schedule;

 (ii) providing a worker with conditions of employment more favourable than those specified in the Second Schedule;

(b) authorise an employer to reduce a worker's remuneration or to alter his conditions of employment so as to make them less favourable to the worker.

6. - 7.

_______________

FIRST SCHEDULE

[Editorial Note – The First Schedule has not been reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year.]

_______________

SECOND SCHEDULE

[Regulations 3(1)(b) and 5]

1. Normal working hours

(1) A normal working week shall –

 (a) be of 45 hours;

 (b) be completed in any period of 6 consecutive days.

(2) A normal day's work shall consist of such number of hours as agreed upon between the employer and the worker, but shall not exceed 8 hours' actual work, excluding time allowed for meal and tea breaks.

(3) Where a worker's normal day's work consists of 8 hours, he may on one day of the week, agreed upon between the employer and the worker, stop work after 5 hours' work and the employer shall pay him a full day's wages in respect of that day.

(4) The normal working week for every worker may begin on any day, including a public holiday.

(5) Every worker shall be entitled –

 (a) on every working day to –

  (i) a lunch break of one hour; and

  (ii) 2 tea breaks of 10 minutes each;

 (b) to a rest day in each working week and the rest day shall, at least twice a month, be a Sunday, except where his services are required in special circumstances.

2. Extra work

Subject to paragraph 10, where a worker –

(a) works on a public holiday, he shall be remunerated –

 (i) at twice the basic rate for every hour up to the number of hours of work agreed upon between the worker and the employer; and

 (ii) thereafter, at 3 times the basic rate per hour;

(b) performs more than a normal day's work on any day, other than a public holiday, he shall be remunerated at one and a half times the basic rate per hour for every additional hour of work.

3. Notional calculation of basic rate

For the purpose of determining remuneration due for extra work or for any other reasons –

(a) a month shall be deemed to consist of 26 days; and

(b) a day shall be deemed to consist of the agreed number of hours, but shall not exceed 8 hours.

4. Payment of remuneration

(1) Every worker shall be paid his wages during working hours and not later than the last working day of the pay period.

(2) Every employer shall, at the time of paying the wages of a worker, issue to the worker a payslip stating, inter alia

 (a) the name, National Identity Card Number, job title and grade of the worker;

 (b) the basic wage and each item of allowance;

 (c) all deductions made and the reason therefor;

 (d) the total number of days on which the worker was present at work;

 (e) the number of hours of extra work performed by the worker at the relevant rates applicable and the corresponding extra payment; and

 (f) the total wages.

5. Annual leave

(1) Where a worker remains in continuous employment with the same employer for a period of 12 consecutive months, the worker shall, in the following 12 months, be entitled to 16 days' annual leave on full pay.

(2) Where an employer and a worker are unable to agree as to when the leave specified in subparagraph (1) is to be taken, half of the leave period shall be fixed by the employer and the other half by the worker.

(3) (a) Subject to sub subparagraph (b), where a worker, other than a worker referred to at subparagraph (1), has completed an aggregate period of employment of not less than 12 months over a period of not more than 24 months with the same employer, the worker shall be entitled to one day's annual leave for each subsequent month of service, where the interval between 2 contracts does not exceed 12 months.

 (b) An application for the leave under sub subparagraph (a) shall be made to the employer and the leave shall, subject to the approval of that employer, be taken at such times as the worker elects.

(4) Subject to subparagraph (5), where a worker has not taken or been granted all the leave to which he is entitled under subparagraph (1) or (3), he shall be paid a normal day's pay in respect of each day's annual leave still due to him at the end of that period or at the end of his contract.

(5) Subparagraph (4) shall not apply where a worker is dismissed for misconduct.

6. Sick leave

(1) Subject to subparagraph (5), a worker who remains in continuous employment with the same employer for a period of 12 consecutive months shall, during the following 12 months, be entitled to 21 days' sick leave on full pay.

(2) Where, at the end of the period of 12 consecutive months, a worker has not taken the sick leave to which he is entitled under subparagraph (1), any outstanding sick leave shall be accumulated to a maximum of 90 working days.

(3) Where a worker has exhausted the sick leave provided for under subparagraph (1) and the worker has wholly spent time –

 (a) in a hospital, public or private;

 (b) for convalescence purposes, after discharge from a public or private hospital, certified by a medical practitioner,

any additional sick leave granted may be deducted from the accumulated sick leave.

(4) Where a worker, other than a worker referred to at subparagraph (1), has completed an aggregate period of employment of not less than 12 months over a period of not more than 24 months with the same employer, he shall be entitled to one day's sick leave for each subsequent month of service, where the interval between 2 contracts does not exceed 12 months.

(5) (a)  Where a worker is absent on grounds of sickness, he shall, except where the employer is aware of the nature of the sickness, notify the employer of the sickness as soon as possible.

 (b) A worker who is sick for more than 4 consecutive days shall forward a medical certificate to his employer –

  (i) where the worker was admitted to a public or private hospital, within 3 days following his discharge; and

  (ii) in any other case, on the fifth day of absence.

(6) An employer may, at his discretion and at his own expense, cause a worker who is absent on grounds of sickness to be medically examined by a medical practitioner of the employer's choice.

7.  Transport benefits and facilities

(1) Every worker shall, either be entitled to free transport or, where no free transport is available, be paid the return bus fare if the distance between his residence and the place where he reports for work exceeds 3 kilometres.

(2) Where a worker is required by his employer to attend or cease work at any time when no public bus service is available, the employer shall, irrespective of the distance between the place of residence and the place of work, provide the worker with appropriate free means of transport from the worker's residence to his place of work or from the worker's place of work to his residence or both, as the case may be.

(3) Subject to the distance limit specified in subparagraph (1), every worker who attends work by his own means of transport shall be entitled to an allowance equivalent to the corresponding return bus fare.

(4) No worker shall be transported in any vehicle or any part thereof where he may be exposed to refuse.

(5) The vehicle referred to under this paragraph shall be properly fitted with well-secured seating and back-rest facilities.

8. Meal allowance

(1) Where a worker is required to perform more than 2 hours' extra work after having completed a normal day's work, he shall, in addition to any remuneration due for overtime work, be provided by the employer with an adequate free meal or be paid a meal allowance of 70 rupees per day.

(2) The meal allowance specified in subparagraph (1) shall be paid not later than on the last working day of the pay period.

9. Protective equipment

(1) Every employer shall provide –

 (a) all workers, except accounts clerk, store clerk, clerk and receptionist/telephonist, with –

  (i) 2 uniforms and 2 pairs of boots or protective shoes, whichever is appropriate, every year;

  (ii) appropriate gloves, which shall be replaced as and when they become unserviceable;

  (iii) a raincoat every 2 years;

 (b) all workers who are directly or indirectly exposed to refuse or noxious substances with a respiratory mask which shall be renewed as and when it becomes unserviceable;

 (c) every scavenger, cleaner and lavatory attendant with a cap every year.

(2) Every employer shall provide to a worker the protective equipment referred to in subparagraph (1) as soon as the worker assumes duty.

10. Extra remuneration for public holidays

(1) Where a worker, other than a monthly-paid worker, remains in continuous employment with the same employer for a period of 12 consecutive months, the worker shall be entitled, in the following 12 months, to a normal day's pay in respect of every public holiday, other than a Sunday, that occurs while he is in the service of the employer and on which he is not required to work.

(2) Where a worker is required to work on a public holiday other than a Sunday, the worker shall be paid, at the end of the next pay period –

 (a) in the case of a worker who would otherwise have been entitled to a normal day's pay under subparagraph (1), the normal day's pay;

 (b) in the case of a monthly-paid worker, his monthly wage,

in addition to any remuneration due to him under paragraph 2.

11. Death grant

(1) Where a worker who has remained in continuous employment with the same employer for at least 12 months dies, the employer shall pay an amount of 3,500 rupees to –

 (a) the surviving spouse of the deceased worker; or

 (b) where the deceased worker leaves no spouse, the person who satisfies the employer that he has borne the funeral expenses.

(2) For the purpose of subparagraph (1) –

"spouse" means the person with whom the deceased worker had contracted a civil or religious marriage and with whom he was living under a common roof at the time of death.

12. End of year bonus

(1) Where a worker remains in continuous employment with the same employer for one year, the worker shall be entitled, at the end of that year, to a bonus equivalent to one twelfth of his earnings for that year.

(2) Every worker who –

 (a) takes employment during the course of the year;

 (b) is still in employment as at 31 December; and

 (c) has performed a number of normal days' work equivalent to not less than 80 per cent of the working days during his employment in that year,

shall be entitled at the end of that year to a bonus equivalent to one twelfth of his earnings for that year.

(3)  Seventy-five per cent of the expected bonus specified in subparagraphs (1) and (2) shall be paid not later than 5 clear working days before 25 December and the balance not later than on the last working day of the same year.

(4) For the purpose of this paragraph, a day on which a worker –

 (a) is absent with his employer's authorisation;

 (b) reports for work but is not offered work by his employer; or

 (c) is absent on ground of –

  (i) illness after notification to his employer under paragraph 6(5); or

  (ii) injury arising out of and in the course of employment,

shall be reckoned as a working day.

13. Maternity benefits

(1) A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to –

 (a) 12 weeks' maternity leave on full pay, to be taken either –

  (i) before confinement, provided that at least 6 weeks' maternity leave shall be taken immediately following the confinement; or

  (ii) after confinement; and

 (b) an allowance of 3,000 rupees payable within 7 days of her confinement.

(2) Where a female worker who has been in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave specified in this paragraph gives birth to a stillborn child, she shall, on production of a medical certificate, be entitled to 12 weeks' leave on full pay.

(3) Where a female worker suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks' leave on full pay immediately after the miscarriage.

(4) A female worker who reckons less than 12 months' continuous employment shall not be entitled to the benefits specified in subparagraph (1)(b), but shall be entitled to the maternity leave specified in subparagraph (1)(a) or (2), as the case may be, without pay.

(5) (a) A female worker who is nursing her unweaned child shall, for that purpose, be entitled every day at a time convenient to her and having regard to the need of the child, to at least –

  (i) 2 breaks of half hour; or

  (ii) one break of one hour.

 (b) The break specified in sub subparagraph (a) shall –

  (i) be for a period of 6 months from the date of confinement or such longer period as may be recommended by a medical practitioner; and

  (ii) not be deducted from the number of hours of work of the female worker.

(6) A female worker who has entered into the seventh month of pregnancy shall be offered, as far as is reasonably practicable and at her request, all appropriate working facilities as recommended by her medical practitioner.

14. Vacation leave

(1) A worker who remains in continuous employment with the same employer for a period of not less than 10 years, shall be entitled to a vacation leave of not less than 2 months to be spent wholly or partly abroad, or locally, at the worker's discretion.

(2) Subject to subparagraph (1), at least one month of the vacation leave shall be with pay, and such pay shall, in case the worker intends to spend the vacation wholly or partly abroad, be effected in advance and at least 7 days before the worker proceeds abroad.

(3) A vacation leave shall be deemed to constitute attendance at work.

15. Gratuity on retirement before the age of 60 on medical grounds

(1) Subject to subparagraph (2), an employer shall pay a gratuity to a worker where the worker retires before the age of 60 on the ground of permanent incapacity to perform his work and where such incapacity is duly certified by a government medical practitioner, irrespective of any benefits the worker may be entitled to under the National Pensions Act.

(2) A worker referred to in subparagraph (1) is a worker who has been in continuous employment with the same employer for a period of not less than 5 years.

(3) The gratuity referred to in subparagraph (1) shall be –

 (a) calculated on the basis of 15 days' remuneration per year of service of the worker; and

 (b) paid in a lump sum.

(4) In this paragraph –

 "remuneration"–

 (a) means all emoluments, in cash or in kind, earned by worker under an agreement; and

 (b) includes any sum paid by an employer to a worker to cover expenses incurred in relation to the special nature of his work;

 "year of service" shall be computed as from the first day of the period during which a worker has been in continuous employment with the same employer up to his last day of employment.

16. Gratuity at death

(1) Subject to subparagraph (2), where a worker dies, his employer shall, irrespective of any benefits payable under the National Pensions Act, pay a gratuity –

 (a) to the spouse of the deceased worker; or

 (b) where there is no surviving spouse, to the dependants of the deceased worker in equal proportions.

(2) A worker referred to in subparagraph (1) is a worker who has been in continuous employment with the same employer for a period of not less than 5 years.

(3) The gratuity referred to in subparagraph (1) shall be –

 (a) calculated on the basis of 15 days' remuneration per year of service of the deceased worker; and

 (b) paid in a lump sum.

(4) In this paragraph –

 "dependant" means any person who was living in a deceased worker's household and was wholly or partly dependent on the worker's earnings at the time of that worker's death;

 "remuneration" –

 (a) means all emoluments, in cash or in kind, earned by a worker under an agreement; and

 (b) includes any sum paid by an employer to the worker to cover expenses incurred in relation to the special nature of his work;

 "spouse" means the person with whom a deceased worker had contracted a civil or religious marriage and with whom the worker was living under a common roof at the time of that worker's death;

 "year of service" shall be computed as from the first day of the period during which a worker has been in continuous employment with the same employer up to his last day of employment.

17. Special leave

Where a worker remains in continuous employment with same employer for a period of 12 consecutive months, the work shall be entitled to –

(a) 6 days' special leave on full pay on the occasion of the celebration of the first religious or civil marriage of the worker;

(b) 3 days' special leave on full pay on the occasion of the first religious or civil marriage of each of the son or daughter of the worker;

(c) 3 days' special leave on full pay on the death of spouse, child, father, mother, brother or sister of the worker.

18. Medical facilities

(1) Where a worker is regularly exposed to refuse, dust or noxious substances and emanations –

 (a) while directly involved in the performance of –

  (i) tasks such as refuse collection and lavatory cleaning;

  (ii) tasks where chemical substances are being used; or

 (b) while performing work on a regular basis, in confined spaces affected by dust, filth or noxious substances and emanations,

his employer shall cause the worker to undergo a complete medical examination, every 6 months, at the expense of the employer.

(2) Where, in the course of the medical examination under subparagraph (1), a medical practitioner detects any work-related health problem which, in his opinion, necessitates further medical examination or treatment, the medical practitioner may refer the worker to a medical institution for appropriate investigations and all the corresponding expenses shall be borne by the employer.

19. Tools

(1) An employer shall provide every worker with the appropriate tools and cleaning materials which may be required in the performance of his work.

(2) The tools provided under subparagraph (1) shall –

 (a) be replaced as soon as they become unserviceable;

 (b) remain the property of the employer.

20. Compensation

Every worker shall be entitled to a compensation of one day's basic wage for each completed month of service where –

(a) he has worked for the same employer for more than one month;

(b) his employment is terminated before the expiry of 12 months for any cause other than misconduct or his short-term contract has come to an end; and

(c) his attendance has averaged not less than 20 days per month during his employment.

21. Certificate of employment

(1) Where a worker leaves the employment of an employer, the employer shall, not later than the day on which the worker leaves the employment, issue to the worker a certificate stating the duration of employment, the post held and if the worker so desires, the rate of remuneration of the worker.

(2) A certificate issued under subparagraph (1) shall not contain anything unfavourable to the worker.

_______________

Distributive Trades (Remuneration Order) Regulations 2004

[GN 172 of 2004 – 1 October 2004] [Section 96]

1. These regulations may be cited as the Distributive Trades (Remuneration Order) Regulations 2004.

2. In these regulations –

"accounts clerk" means an employee who performs one or more of the following duties –

(a) receiving cash, cheques and credit-card payments and checking them against sales documents;

(b) effecting bank deposits and withdrawals;

(c) making entries in accounting and book-keeping records;

(d) preparing wage packets and wage sheets;

(e) preparing, checking and reconciling accounts;

(f) preparing and monitoring budgets and estimates;

(g) assisting in annual and periodic stock-taking;

"attendant" means an employee who performs work involving physical effort but no particular skill, including cleaning, but excluding the duties assigned to a vehicle assistant;

"cashier" means an employee who performs one or more of the following duties –

(a) operating a cash register;

(b) receiving and verifying cash, cheques and credit-card payments;

(c) issuing receipts;

(d) holding cash or any other medium of payment;

(e) keeping records and reconciling accounts;

"check-out operator" means a cashier employed in a supermarket;

"cleaner" means an employee employed in a filling station for the purpose of cleaning, washing and polishing motor vehicles and cleaning the premises of the station or performing any other similar work;

"clerk" means an employee who performs one or more of the following duties –

(a) maintaining and updating records and accounts;

(b) making entries for data processing;

(c) filing documents;

(d) undertaking other routine administrative works; but

(e) does not include an employee who performs the duties of a receptionist/telephonist, a correspondence clerk or a word processing operator;

"cold room" means a room designed mainly for the storage of foodstuffs at a temperature not higher than –15 degrees celsius;

"cold room attendant" means an employee who is required to work inside a cold room and is wholly or mainly engaged in the handling, loading, unloading, storing, packing and weighing of foodstuffs;

"commercial traveller" means an employee who personally calls upon customers for the following purposes –

(a) opening accounts;

(b) providing information about products;

(c) selling goods and providing related services; and

(d) collecting payments;

"continuous employment" means the employment of an employee under an agreement or under more than one agreement where the interval between one agreement and the next does not exceed 28 days;

"correspondence clerk" means an employee engaged mainly in writing correspondence and performing any other work in connection therewith;

"customs clerk" means an employee who –

(a) has a general knowledge of customs procedure; and

(b) gives assistance to a marine broker in the supervision of the removal of goods from Customs to the employer's warehouse, in attending surveys and making reports to the employer, and in any other work in connection therewith;

"distributive trades" includes wholesale or retail trading in grocery, fruits, vegetables, meat, provisions, slaughtering, milk distribution, bread and flour confectionery, drapery, outfitting, footwear, bespoke and ready-made tailoring, furnishing and allied trades, bookselling, stationery, pharmacy, electrical and electronic goods, appliances, components and spare parts, software, motor vehicles or bicycles and their spare parts, jewellery, fertilizers, gunny bags, leather and leather goods, empty bottles, scrap metal, soft drinks, alcoholic drinks, oil for lighting purposes and denatured spirits, tobacco, petroleum products, gas, motor oil and spirit, timber, hardware, ship chandling;

"driver grade I" means a driver, other than a tanker driver, who drives a vehicle of 10 tonnes or more;

"driver grade II" means a driver, other than a tanker driver, who drives a vehicle of 5 tonnes or more but less than 10 tonnes;

"driver grade III" means a driver who drives a vehicle of less than 5 tonnes;

"earnings" includes –

(a) basic wages;

(b) wages for work done in excess of a normal day's work or on a public holiday;

(c) remuneration paid under paragraphs 4, 8(1), 9 and 10(1)(a), (2) and (4) of the Second Schedule; and

(d) any productivity payment;

"employé de rayon" means an employee in a supermarket who –

(a) moves goods from the storage area to the sales area;

(b) places goods on display and maintains their set arrangement on the shelves;

(c) cleans and fills shelves;

(d) affixes price labels; and

(e) attends to customers' queries;

"employee" –

(a) means any person employed under a contract of service of any duration in the distributive trades; but

(b) does not include any person –

 (i) governed by any other Remuneration Order; or

 (ii) employed by any parastatal body or local authority;

"filling station assistant" means an employee in a filling station who is required to perform a combination of the duties of cleaner, lubricator and pump attendant, or any 2 of them;

"lubricator" means an employee who is employed in a filling station for lubricating motor vehicles and performing other work in connection therewith;

"meat/fish packer" –

(a) means an employee in a supermarket who is required to sell meat or fish or both and to perform one or more of the following duties –

 (i) placing and displaying fresh meat or fish or both on stalls or display compartments;

 (ii) cutting, weighing and packing fresh meat or fish, or both, and sticking price labels thereon;

 (iii) cleaning worktables and shelves; but

(b) does not include a cold room attendant;

"pesticide" –

(a) has the same meaning as in the Dangerous Chemicals Control Act; and

(b) includes herbicide, insecticide and fungicide;

"pesticides handler" –

(a) means an employee who is engaged wholly or mainly in the weighing, bottling and packing of pesticides; but

(b) does not include an employee who is exclusively engaged in the delivery of packed or bottled pesticides;

"pharmacy technician" means a pharmacy technician, registered under the Pharmacy Act, who dispenses pharmaceutical products or assists a pharmacist or an assistant pharmacist in the dispensing of pharmaceutical products;

"productivity payment" –

(a) means all sums of money, by whatever name called, paid to any employee in respect of any work performed by him, in addition to the basic wages agreed upon between him and his employer, and related to productivity; but

(b) does not include payment of attendance bonus equivalent to a maximum of 10 per cent of the employee's basic wages, commission, meal allowance, transport allowance or any other allowance or payment not related to productivity;

"pump attendant" means an employee employed in a filling station for the purpose of selling or serving petroleum products, gas, gas cylinders and parking coupons, and performing any other work in connection therewith;

"receptionist/telephonist" means an employee who performs one or more of the following duties –

(a) operating a telephone switchboard;

(b) dealing with telephone enquiries;

(c) receiving and passing on telephone messages;

(d) greeting callers or customers and attending to their queries;

(e) supplying information to callers and directing them to persons called upon;

(f) keeping records of callers and messages;

(g) performing minor clerical and word processing duties;

"salesperson" means an employee who personally visits customers for the purpose of selling goods;

"sales demonstrator" means an employee who performs the following duties on the shop's premises –

(a) directing and assisting customers;

(b) providing information about the functions, characteristics and mode of use of products on sale;

(c) demonstrating the functioning and operation of products; and

(d) processing sales invoices and arranging for delivery of products;

"shop" means any premises where any wholesale or retail trade or business is carried out;

"shop assistant" means an employee who is wholly or mainly employed in serving customers, receiving of orders, despatching of goods and in attending to work in connection therewith on shop's premises;

"short term contract" means a contract of employment of less than 12 months;

"storekeeper" means an employee who is responsible for the procurement, receipt, custody, issue, and keeping records of goods in a store;

"supermarket" means a large self-service shop of an area of not less than 400 square metres;

"tanker driver" means an employee who drives lorry-tankers specially designed for transporting bulk petroleum products or gas or both;

"tanker driver's assistant" means an employee who accompanies a tanker driver for the purpose of performing one or more of the following duties –

(a) loading and unloading of petroleum products or gas of both onto or from the lorry-tanker;

(b) carrying out minor tasks related to the maintenance and good running of the lorry-tanker;

(c) assisting the tanker driver in manoeuvring the lorry-tanker;

"vehicle assistant" means an employee who is wholly or mainly engaged in accompanying the driver of a vehicle and who performs one or more of the following duties –

(a) loading and unloading materials carried in the vehicle;

(b) ensuring the safety of any cargo carried by the vehicle;

(c) carrying out minor tasks related to the maintenance and good running of the vehicle;

(d) assisting the driver in manoeuvring the vehicle;

"watchman" means an employee who –

(a) is wholly or mainly engaged in keeping watch over premises and property;

(b) makes such periodic inspection tours and records such entries as may be required; and

(c) performs such duties as may be incidental to his main duty;

"word processing operator" means an employee who performs one or more of the following duties –

(a) typing and collating letters, memoranda and other scripts according to given instructions;

(b) doing word processing and simple data processing tasks;

(c) operating fax and email services.

3. (1) Subject to this regulation and regulation 5, an employee shall be –

 (a) remunerated at the rates specified in the First Schedule; and

 (b) governed by the conditions of employment specified in the Second Schedule.

[EDITORIAL NOTE – Reg. 3(2) is amended on a yearly basis to specify the rates for the remuneration for the particular financial year. List of GNs amending it is not reproduced.]

(3) Where a scale of wages applies to an employee, he shall be entitled to –

 (a) the initial wages prescribed in the scale which applies to him; and

 (b) one increment in respect of every period of 12 consecutive months of service he reckons with his employer in the category in which he is employed.

(4) Where an employee is called upon to replace an employee drawing a higher remuneration, he shall be paid the remuneration applicable to that other employee.

(5) (a) Where, during his hours of work, a watchman is also required to perform the duties of a pump attendant, he shall be paid an allowance of 35 rupees per day.

 (b) Where, during his hours of work, a pump attendant is also required to perform the duties of a watchman he shall be paid an allowance of 35 rupees per day.

4. An agreement by an employee to relinquish any of his rights under these regulations shall be void.

5. Nothing in these regulations shall –

(a) prevent an employer from paying an employee remuneration at a rate higher than that specified in the First Schedule or from providing him with conditions of employment more favourable than those specified in the Second Schedule;

(b) authorise an employer to reduce an employee's remuneration or to alter his conditions of employment so as to make them less favourable.

6. - 7. –

_______________

FIRST SCHEDULE

[Regulation 3]

[EDTORIAL NOTE – The First Schedule has not been reproduced as it is revoked and replaced every year to reflect the rates of remuneration for the particular year. List of GNs amending it are not reproduced.]

_______________

SECOND SCHEDULE

[Regulation 3]

1. Normal working hours

(1) The normal working week for every employee, other than a watchman, shall consist of 45 hours of work.

(2) A normal working day shall, excluding time allowed for meal and tea breaks, consist of 8 hours on any 5 days of the week and 5 hours on one other day of the week.

(3) Every employee, other than a watchman, shall be entitled on every working day to –

 (a) a meal break of one hour to be taken not earlier than 3 hours and not later than 5 hours after the starting time; and

 (b) 2 tea breaks of 15 minutes each, the first to be taken not earlier than 2 hours before the meal break and the second not later than 2 hours after the meal break.

(3A) Except where his services are required in special circumstances, every employee, other than a watchman, shall be entitled to a rest day in each working week and the rest day shall at least twice a month be a Sunday.

(3B) No employee, other than a watchman, shall be required to work for more than 12 hours per day.

(4) (a) A normal working day for a watchman shall consist of 12 hours.

 (b) Where a watchman is required to work on every day of a month, he shall be entitled to 3 days' leave without pay during the month, one of the days being a Sunday.

[Second Sch. amended by reg. 3(1) of GN 23 of 2007 w.e.f. 24 February 2007.]

2. Extra work

(1) Subject to subparagraph (4), where an employee, other than a watchman –

 (a) works on a public holiday or on a weekly rest day, he shall be remunerated –

  (i) for the first 8 hours, at twice the basic rate; and

  (ii) thereafter, at 3 times the basic rate;

 (b) performs more than a normal day's work on any other day, he shall be remunerated at one and a half times the basic rate.

(2) Subject to subparagraph (4), where a watchman –

 (a) works on a public holiday, he shall be remunerated –

  (i) for the first 12 hours, at twice the basic rate;

  (ii) thereafter, at 3 times the basic rate; and

 (b) performs more than a normal day's work on any other day, he shall be remunerated at one and a half times the basic rate.

(3) –

(4) (a) Subject to sub subparagraph (b), where an employee is required to perform extra work immediately after a normal day's work, he shall be granted a rest period of 15 minutes after the normal day' s work at a time to be agreed between the employer and the employee;

 (b) The rest period under sub subparagraph (a) shall not be deemed as falling within working hours.

[Second Sch. amended by reg. 3(2) of GN 23 of 2007 w.e.f. 24 February 2007.]

3. Notional calculation of basic rate

For the purpose of determining remuneration due for extra work or for any other reason –

(a) a month shall be deemed to consist of 26 days;

(b) a day shall be deemed to consist of –

 (i) 12 hours in the case of a watchman;

 (ii) 8 hours in every other case.

4. Extra remuneration for public holidays

(1) Where an employee, other than a monthly paid employee, remains in continuous employment with the same employer for 12 consecutive months, he shall be entitled, in every following period of 12 months, to a normal day's wages in respect of every public holiday, other than a Sunday, on which he is not required to work that occurs while he remains in the continuous employment of the employer.

(2) Where an employee specified in subparagraph (1) is called to work on a public holiday, other than a Sunday, he shall be paid at the end of the next pay period, in addition to the normal day's pay provided under subparagraph (1), any remuneration due under paragraph (2).

(3) Where a monthly paid employee is called upon to work on a public holiday, other than a Sunday, he shall be paid at the end of the next pay period, in addition to his normal wage, any remuneration due under paragraph (2).

5. Meal Allowance

(1) Where, after a normal day's work, an employee is required to perform extra work –

 (i) up to at least 7.00 p.m.; or

 (ii) for a period of not less than 2 hours and extending to at least 18.00 hours,

he shall, in addition to any remuneration due under paragraph (2), be provided with an adequate free meal or a meal allowance of 35 rupees per day.

(2) Where a meal allowance is provided under subparagraph (1), it shall be paid to the employee at such a time on the day he is required to perform the extra work as to allow him to purchase and consume the meal before completing the said extra work.

6. Payment of remuneration

(1) Every employee shall be paid his wages during workings hours –

 (a) in the case of a monthly paid employee, not later than the second working day in the following month;

 (b) in any other case, not later than the last working day of the week.

(2) Every employer shall, at the time of paying the wages of an employee, issue to him a payslip stating –

 (a) the employee's name, National Identity Card number, category, grade and rates of pay;

 (b) the total number of days on which he was present at work;

 (c) the number of hours of extra work performed by him and the corresponding extra payment;

 (d) each item of allowance, including any productivity payment;

 (e) his total wages; and

 (f) every deduction made and the reason thereof.

7. Joint liability

Where an employer employs a job contractor, both shall be jointly and severally liable for the remuneration and conditions of employment, including the safety, health and welfare of their employees.

8. Annual Leave

(1) Subject to subparagraph (2), where an employee remains in continuous employment with the same employer for 12 consecutive months, he shall, for every subsequent period of 12 months while he remains in the continuous employment of the employer, be entitled to 17 working days' leave on full pay.

(2) (a) Subject to sub subparagraph (b), 8 days of the leave may be taken consecutively provided the employee has given reasonable notice to his employer.

 (b) The remaining days'˜ leave shall be taken at such time as the employer and the employee may agree or, in default of agreement, at such time as the employer may determine.

(3) (a) Subject to subparagraph (b), where an employee, other than an employee referred to at subparagraph (1), completes an aggregate period of employment of not less than 12 months over a period of not more than 2 years with the same employer, he shall be entitled to one day'˜s annual leave for every subsequent month of service during the next 12 months, so long as the lapse of time between any 2 consecutive contracts does not exceed one year.

 (b) The leave shall be taken at such time as the employer and the employee may agree or, in default of agreement, at such time as the employer may determine.

(4) The employer shall not, without reasonable cause, withhold the granting of leave under subparagraph (2)(a) and subparagraph (3)(a).

(5) Subject to subparagraph (6), where an employee has not taken or been granted all the leave to which he is entitled under subparagraph (1) or (3), he shall be paid a normal day's pay in respect of each day's annual leave still due at the end of the periods specified in those subparagraphs.

(6) Subparagraph (5) shall not apply where an employee is dismissed for misconduct.

9. Sick leave

(1) Subject to subparagraph (3), where an employee remains in continuous employment with the same employer for 12 consecutive months, he shall, during every subsequent period of 12 months while he remains in the continuous employment of the employer, be entitled to –

 (a) 21 days' sick leave on full pay; and

 (b) a further period of 15 days on half pay in respect of any time which is –

  (i) wholly spent in a hospital or clinic; or

  (ii) certified by a medical practitioner of a hospital or clinic as necessary for the convalescence of the employee after having been discharged from the hospital or clinic.

(2) Where an employee, other than an employee referred to at subparagraph (1), completes an aggregate period of employment of not less than 12 months over a period of not more than 2 years with the same employer, he shall be entitled to one day's sick leave for every subsequent month of service during the next 12 months so long as the lapse of time between any 2 consecutive contracts does not exceed one year.

(3) (a) Where an employee absents himself on grounds of illness, he shall notify his employer on the first day of such absence unless he is genuinely unable to do so, in which case, he shall do so not later than on the second day of such absence.

 (b) Where an employee is ill for more than 4 consecutive days, he shall, in addition to any notification required under sub subparagraph (a), send to his employer a medical certificate –

  (i) where the employee was admitted to a hospital or clinic, within 3 days following his discharge;

  (ii) in every other case, not later than on the fifth day of absence.

(4) An employer may, at his own expense, and with the employee's consent, cause a medical practitioner to examine an employee who is absent owing to illness.

10. Maternity protection

(1) Subject to subparagraph (3), where a female employee remains in continuous employment with the same employer for 12 months immediately preceding her confinement, she shall, on production of a medical certificate, be entitled to –

 (a) 12 weeks' leave on full pay to be taken –

  (i) before and after confinement provided that at least 6 weeks' leave shall be taken immediately following the confinement; or

  (ii) after confinement; and

 (b) an allowance of 3,000 rupees payable within 7 days of her confinement.

(2) Where a female employee who remains in continuous employment with the same employer for 12 months gives birth to a stillborn child and the stillbirth is duly certified by a medical practitioner, she shall be entitled, on the advice of her medical practitioner, to opt for 2 weeks' leave on full pay or 12 weeks' leave on full pay, the latter to be drawn from the 3 confinements provided for under subparagraph (3).

(3) Where a female employee who has, at any time, had 3 confinements or reckons

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