Mauritius Labour Law: Contracts, Probation, Leave and Dismissal

Mauritian labour law requires a minimum of 30 days’ notice to end a contract of employment, whatever the reason for the termination — even during probation. That single rule surprises most new arrivals, and it sits inside the Workers’ Rights Act 2019, the law that now governs employment contracts, leave and dismissal for every employee working in Mauritius, local or foreign.

The legal framework: which law applies, and to whom

The reference text is the Workers’ Rights Act 2019 (Act No. 20 of 2019), which came into force on 24 October 2019 and has been amended several times since, most recently in August 2025. It replaced the earlier Employment Rights Act 2008 and covers almost all private-sector employees, Mauritian or foreign, as soon as they work under a contract of employment in Mauritius. The consolidated version is published by the Ministry of Labour, Industrial Relations, Employment and Training; where there is any doubt, only the version published in the Government Gazette is authoritative.

A foreign employee remains covered by this law even when working under an Occupation Permit or Work Permit — immigration status does not reduce the rights attached to the employment contract, with a small number of exceptions detailed further down, mainly around severance allowance.

Types of employment contract

The law distinguishes a contract of indeterminate duration from a fixed-term contract. An employer can only use a fixed-term contract for a genuinely temporary need: covering a worker on approved leave, a one-off project, seasonal work, or training. A permanent position, tied to the ordinary and continuous activity of the business, cannot be filled repeatedly through fixed-term contracts: two fixed-term contracts separated by less than 28 days count as one continuous period of employment.

For any worker engaged for more than one month, the employer must provide a written statement of particulars of employment, in French or Creole, within 14 days of the end of the first calendar month, and send a copy to the labour office within 30 days. In a dispute over pay, working hours or job title, this document carries more weight than the employment offer letter itself.

Probation: what the law sets, and what it leaves open

The Workers’ Rights Act 2019 does not fix any probation length and does not even use the word. Its duration is entirely a matter of what the employer and worker agree — in practice, Mauritian contracts most often set three to six months, sometimes renewable, but nothing in the law imposes or caps this period.

What the law does impose, probationary period or not, is the full set of worker protections: the 30-day minimum notice on termination, the ban on dismissal for a discriminatory reason or one linked to illness, pregnancy or trade union membership, and entitlement to leave from the first day of work, even where it only becomes payable after the required period of continuous service. A worker on probation therefore has no fewer rights than a confirmed employee on these points — only job security itself differs.

Statutory leave entitlements

Six types of leave are set out in the law, each with its own qualifying condition. A newly hired worker starts accruing entitlement from day one, though most of it only becomes payable after twelve months of continuous service with the same employer.

On top of this, an end-of-year bonus is mandatory, equal to one twelfth of the worker’s earnings for the year, paid at 75% before 25 December and the balance no later than the last working day of the year. A worker who leaves during the year still keeps the pro-rata share, whatever the reason for leaving.

Annual leave not taken by the end of the period must either be paid out or, at the worker’s written request, carried forward; on termination, any accumulated leave not taken must be paid in full — no clause in a contract can override this, and any such clause is void.

Ending the contract: notice, grounds and procedure

The minimum notice period is 30 days, whichever party ends the contract, unless the agreement provides for something more favourable. An employer can pay in lieu of notice instead of having the worker serve it. During the notice period, the employer must give the worker reasonable paid time off to look for another job.

The law bans dismissal on grounds connected to race, religion, sex, pregnancy, a duly certified state of health, trade union membership, or the good-faith filing of a complaint against the employer.

For a dismissal based on misconduct or poor performance, the procedure is tightly defined: the employer must notify the worker of the charge within 10 days of becoming aware of the facts, give at least 7 days’ notice ahead of the hearing, hear the worker — who may be assisted by a trade union representative or a lawyer — and then confirm the termination no later than 7 days after that hearing. A dismissal that misses these deadlines is presumed unjustified, regardless of how well-founded the underlying reason was.

Severance allowance

A worker in continuous employment for at least 12 months who obtains a Court finding that their dismissal was unjustified is entitled to severance allowance equal to three months’ remuneration per year of continuous service, pro-rated for any period under 12 months. This is not an automatic payment on every departure: it is a court-ordered payment for a dismissal found to be unjustified, disproportionate or procedurally flawed — the Court can also add interest of up to 12% a year between the date of termination and the date of payment.

The employer may deduct from this allowance any gratuity already paid, any contribution made to a pension or provident fund on the worker’s behalf, and any contribution made to the Portable Retirement Gratuity Fund.

What this means for a foreign employee

A migrant worker or non-citizen employed under one or more fixed-term contracts is not entitled to severance allowance when those contracts simply expire — only an early, unjustified termination triggers this right, under the same conditions as a Mauritian employee. Every other protection — notice, leave, disciplinary procedure, protection against discrimination — applies without regard to nationality.

For a foreign professional, the employment contract and the work permit are inseparable: the Professional Occupation Permit is conditional on a minimum salary threshold, and its validity follows that of the contract that justified it. Before signing, it is worth checking that threshold, which sectors are hiring and what salaries to expect, and the social contribution regime that applies to your status.

While settling into a new job, long-term rental remains the simplest option for a new arrival, before considering a purchase.

Frequently asked questions

Does the employment contract have to be in writing? The law does not require a fully written contract from day one, but it does require, for any worker employed beyond one month, a written statement of particulars of employment, issued within 14 days of the first month.

Does the 30-day notice period apply during probation? Yes. The Workers’ Rights Act 2019 makes no exception for probation: the minimum notice period and the protected grounds against dismissal apply from the first day of work.

Can an employer dismiss without following any procedure in a case of serious misconduct? No. Even for an alleged serious offence, the employer must notify the charge, allow at least 7 days before the hearing, and respect the notification deadlines, or the dismissal is presumed unjustified.

Is the end-of-year bonus still owed if the worker leaves during the year? Yes, on a pro-rata basis for the time actually worked that year, whatever the reason for leaving — resignation, dismissal or contract expiry.

Sources and verification

• Mauritius Ministry of Labour, Industrial Relations, Employment and Training — consolidated version of the Workers’ Rights Act 2019
• Mauritius Ministry of Labour — official page for the Workers’ Rights Act 2019 and its regulations