Employment Contracts in Mauritius: What to Include

An employment contract in Mauritius is the foundation of the working relationship. It defines the role, pay, hours, and legal rights and responsibilities of both the employer and the employee. The Workers’ Right Act 2019 is the main governing law for these agreements, having replaced the Employment Rights Act 2008. For workers engaged for more than one month, the employer is required to provide a written statement of particulars of employment in French or Creole within 14 days of the completion of the first calendar month. A copy must also be submitted to the supervising officer within 30 days. This guide highlights the key elements employers should consider when preparing an employment contract and ensuring compliance with applicable employment legislation in Mauritius.

What is an employment contract in Mauritius?

When one person agrees to work for an employee in return for compensation, an agreement must be set out. An employment contract defines the core job details, such as duties, salary, hours, place of work and the rights and obligations of both parties. Under the Workers’ Right Act 2019, this is officially termed a “work agreement”. Even if it isn’t signed by the relevant parties, it is still considered as valid. As soon as the employee starts working and receives a salary, a work agreement exists under the law, even without a written contract. 

1. Statement of particulars vs the full contract

There is a bit of confusion between these two terms in Mauritius. Let’s make it clear. A statement of particulars is required by law and refers to a written breakdown of key terms required for any role lasting more than a month. As for the full contract, it goes further, adding details like confidentiality, benefits and non-compete clauses. 

2. Worker vs employee

These two terms do not mean the same thing under the Act. Anyone earning up to Rs 50,000 per month is considered as a worker. The term employee means anyone in employment, irrespective of his salary. It is important to understand that distinction as certain parts of the Act’s protections concern mainly workers under the above-mentioned threshold. Higher earners are still covered by the law, but some rules apply differently to them. 

Is a written employment contract legally required?

Yes, every employer should clearly outline the key terms of employment in writing. Section 11 of the Workers’ Right Act stipulates that anyone employed for more than a month should receive a written statement of particulars of employment from his employer. This should be provided no later than 14 days after the worker has completed their first calendar month, rather than 14 days after the start date. 

1. Language and filing requirements

The statement can be drafted in either French or Creole. Employers can also keep an English version, though it should not replace the statutory French or Creole versions. The next step is to send a copy of the statement to the Ministry of Labour within 30 days. This separate filing requirement should not be overlooked during the onboarding process. 

2. The nothing was signed myth 

Is it true that there’s no contract without a signed document? No, it’s a misconception in Mauritius. As mentioned earlier, a work agreement exists as soon as the person enters employment. Working without a signed contract doesn’t wipe away legal rights or duties, but it is much harder to enforce them. That’s why you must always require a written statement.

What must an employment contract include?

Under Section 11 and the First Schedule of the Workers’ Rights Act 2019, your written statement must contain these baseline terms: 

• Employer details: Legal name and address of the hiring entity

• Worker details: Full name, residential address, and National Identity Number

• Roles and duties: Official job title and clear job description

• Start date: Exact date employment begins

• Contract type: Permanent or fixed-term

• Remuneration: Basic salary, allowances, payment method and pay schedule

• Working hours: Normal daily hours and working days

• Workplace location: Primary office, site or remote location

• Probation period: Length of probation

• Notice period: Required notice duration for termination

• Leave entitlements: Paid leave policy and statutory allowances

Types of employment contracts in Mauritius

There are different kinds of employment contracts in Mauritius. It is important to choose the right type as each one of them have different implications. 

1. Permanent (indeterminate duration)

This is the standard contract that you will find across a lot of companies. It is an agreement that remains in force until terminated. If an agreement doesn’t come with a fixed expiry date, it becomes a permanent contract by default. It includes all the statutory provisions for both the employer and the employee. This type of contract is often preferred by workers seeking enhanced job security and by companies trying to fulfil their long-term objectives. 

2. Fixed term (determinate duration) 

A fixed-term contract has a fixed end date. However, this type of contract cannot be offered to a Mauritian employee who will carry out duties that form part of the organisation’s normal activities. However, it can be used in cases where the worker will meet temporary, seasonal or non-recurring needs. In terms of benefits, they should be similar to those of permanent staff doing similar roles. It is worth noting that these regulations do not apply to migrant workers.

3. Part-time

Anyone working fewer than the standard 45 hours per week is considered to be in a part-time employment contract in Mauritius. The same hourly wage and other benefits as full-time employees remain applicable, but under the pro-rata principle. A key point to note is that full-time workers can temporarily switch to part-time for up to 3 months with the approval of the Supervising Officer of the Ministry of Labour. They also keep the right to return to full-time work anytime. 

4. Apprenticeship

In Mauritius, an apprenticeship contract combines paid hands-on workplace training with formal classes run under the Mauritius Institute of Training and Development (MITD) oversight. Apprentices receive a mandatory, progressive stipend and employers often qualify for training grants. The contract is terminated automatically upon completion without severance pay or a guaranteed job offer. 

Pay, minimum wage and working hours

An employee’s pay rate, payment frequency and working hours must all be defined clearly in an employment contract. Failing to spell out these basic terms carry high legal risk for employers.

1. How is salary structured? 

The basic salary must clearly be separated from additional allowances, bonuses or commissions. This is important because statutory entitlements (overtime, severance and end-of-year bonus) are calculated solely from the basic wage. The payment method, pay date and pay interval must also be clearly specified in the employment contract. 

Worth knowing: Deductions from salary must have legal grounds and cannot bring total earnings below the statutory threshold. 

2. Minimum wage explained

The national minimum wage in Mauritius is Rs 17,745 per month as from January 2026. In addition, the National Remuneration Board has recommended minimum basic salaries of Rs 23,000 for positions requiring a Diploma or equivalent qualification and Rs 25,000 for positions requiring a First Degree or equivalent qualification. The applicable statutory minimum should be verified against the relevant sector and Remuneration Regulations.

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3. What the hours clause should state?

The contract must include the employee’s regular work schedule under the standard 45-hour week (usually 5 days of 9 hours or 6 days of 7.5 hours) and specify if night or shift work is involved. It should also outline overtime rules clearly. Any extra hour worked is paid at a minimum of 150% of the hourly rate on normal workdays and 200% on Sundays and public holidays. In the case of the recruitment for a managerial position where overtime is included in the salary, this must be written down explicitly. 

Leave entitlements your contract should reflect

Leave entitlements are required in any form of employment contract. While employers can always offer extra days off, they can never offer less than the statutory minimum. Here are the key entitlements. 

1. Annual leave

Workers who complete a full year of continuous service are entitled to 22 days of fully paid annual leave each year (20 regular days plus 2 extra days). Following 5 consecutive years of service with the same employer, employees become eligible for an extended 30-day vacation allowance. Contracts should also state that unused annual leave at the end of the 12-month period must be refunded at full daily pay. 

2. Sick leave

After 12 months of uninterrupted service, workers are eligible for 15 fully paid sick leave days per year. Any unused sick days can be accumulated and are not refunded. Workers must inform their employer on the first day of absence due to illness. A medical certificate is legally required for absences of more than 3 consecutive days. Medical notes are generally not needed for short absences.

3. Maternity and paternity leave

Maternity leave stands at 16 weeks of full pay for female employees, regardless of their salary. Additional weeks are granted for premature births or multiple births. Meanwhile, fathers who have completed 12 months of continuous service get 4 consecutive weeks of paid paternity leave. Both provisions reflect key enhancements under the Workers’ Rights Act, so contracts and policies must reflect these current minimums. 

4. Other leaves

Beyond standard annual and sick leaves, an employment needs to reflect the statutory special leave entitlements granted under Mauritian labour law. Once employees complete their first year of service, they earn 6 paid days off for their first marriage, 3 days for a child’s wedding and 3 paid days of bereavement leave for the loss of a close family member. 

The 13th month end-of-year bonus explained

The 13th month end-of-year bonus is a guaranteed legal right in Mauritius. The contract should acknowledge that the worker will receive the bonus and keep it clearly separate from any additional performance or discretionary bonus. According to the labour law, anyone earning up to Rs 100,000 per month is eligible for that. It equals to 1/12th of the total earnings for that year, including basic pay, overtime and allowances. Employees must receive at least 75% of the bonus five working days before 25 December. The remaining balance must be cleared by the final working day of the year. When an employee leaves or joins in the course of the year, they still receive a pro-rata bonus if they have completed at least eight months of service.

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Deductions and contributions: CSG, NSF, PRGF and PAYE

Employment contracts should state pay as a gross to prevent any confusion when taxes and social security are taken out. Employees pay into CSG (1.5% or 3%), NSF (1%), and PAYE income tax based on their MRA tax bracket. On top of salary, employers contribute matching CSG, 2.5% for NSF, 1.5% for the HRDC training levy and around 4.5% for PRGF (a portable retirement fund that follows workers from job to job. 

Important note: Employers don’t need to detail every rate in the contract as rates change over time. They must simply state that the agreed salary is gross and that statutory deductions will be withheld as required by law. 

Probation

A probation period is optional and must be explicitly mentioned in the employment contract. Typical probation durations range from 1 to 6 months and employers must conduct a formal performance review before reaching the halfway mark. This ensures that the relevant parties are on the same page. It acts also as a protection against unfair dismissal claims. Employees under probation enjoy full statutory rights from day one. It is important to note that termination during probationary period requires a 30-day notice unless a shorter notice period is clearly defined in the agreement. 

Notice, termination and severance allowance

Strict procedures must be followed when a contract is terminated. A set of rules are already defined under the Workers’ Rights Act 2019. The contract can spell out the notice and the procedure, while complying with the law. For staff who have completed their probation, a minimum notice period of 30 days or pay in lieu is required to terminate their contract. In the case of misconduct, a formal disciplinary hearing must be held. As for redundancies, the Redundancy Board must be notified 30 days in advance. If an employer fires a worker without valid legal justification after 12 months of service, they owe a severance allowance of 3 months’ full pay per year of employment. 

Confidentiality, IP and non-compete clauses

Protective clauses must be tightly drafted to remain enforceable under Mauritian law. Confidentiality clauses should define trade secrets rather than the general job knowledge. IP clauses must specify that work created during employment belongs solely to the employer while acknowledging any pre-existing IP. For non-compete clauses, less is more: Mauritian courts only enforce them if they protect a genuine business interest, cover a defined geographic area and run for a reasonable period of time (usually up to one year) without preventing the person from earning a living. 

Remote work and the right to disconnect

If a role includes remote or hybrid work, a contract should document it clearly, detailing equipment, expected hours and expense reimbursement. Employees can ask to work from home during extreme weather like cyclones and heavy rain if it is safe for them to do so. Under these circumstances, the worker earns twice their normal hourly rate (this does not apply to employees with an annual basic salary above Rs 600,000). Also, Mauritian law gives all employees a right to disconnect during “unsocial hours”, which are weeknights after 10 p.m and weekends from Saturday afternoon. If they are required to log in during these times, they receive a disturbance allowance on top of their normal remuneration. 

Employment contracts for non-citizens and expats

Hiring foreign nationals in Mauritius requires aligning their contract with their visa status. Non-citizens need either a Ministry of Labour Work Permit or an EDB Occupation Permit. All the details mentioned in the contract must match the application word by word. Also, the salary must meet the permit threshold, such as Rs 50,000/month for a Professional OP. It is worth noting that contracts under Rs 30,000 require Labour Division vetting. Unlike local hires, foreign employees can be placed on fixed-term contracts tied to their permit. If the employment is terminated, the permit is also canceled. The employer must then notify the authorities.

Clauses that are not enforceable in Mauritius

In Mauritius, an employment contract can give employees more than the law requires, but never less. If a clause infringes a statutory right, it will not be considered valid even if it has been signed. For instance the following are void: waiving rights of employees, making a worker responsible for someone else’s actions, paying at intervals more than one month, refusing statutory leave, paying below the national minimum wage, defining a notice period shorter than 30 days, paying unequally for work of same value and removing any entitlements. 

Before you sign/before you issue - a checklist

Before signing an employment contract, both parties must ensure that all the important clauses have been included. If you’re an employee, confirm that your basic salary meets the minimum threshold, your notice period is at least 30 days and your 13th-month bonus and leave are explicitly mentioned. Verify if there are any clauses that seem to waive your rights. If you’re an employer, make sure that pay and statutory contributions align with current regulations, set calendar reminders for mid-probation reviews and ensure foreign workers contracts match permit applications. 

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