The Mauritian government has taken a significant step towards protecting workers' lives during inclement weather by approving the National Disaster Risk Reduction and Management (Amendment) Bill. This new legislation, introduced to the National Assembly on November 13, aims to provide a legal framework for workers' rights and employers' obligations during extreme weather conditions. The bill, presented by Minister of Labour and Industrial Relations Reza Uteem, seeks to eliminate differences in treatment between public and private sector workers.
The new law distinguishes between heavy rain and torrential rain alerts. In the case of heavy rain, employees are expected to report to work unless the National Crisis Committee (NCC) issues an order or communiqué requiring evacuation, confinement, or cessation of movements and activities. However, during torrential rain alerts, only emergency services are exempt, and their personnel may be mobilized or maintained in service as needed. The bill also outlines the prioritization of vulnerable employees, including pregnant women, people with disabilities, and those responsible for collecting minor children.
The bill provides for the organization of employee departures during working hours, taking into account their vulnerability and risks associated with travel. Employers are required to ensure the transport of employees or verify the availability of public transportation. If an employee chooses to leave against reasonable safety instructions, they must sign a document acknowledging the risk. The return to work can only be required after an NCC communication confirming that travel and resumption of activities are safe.
In the private sector, employees who cannot work due to inclement weather will receive their normal salary. Telework can only be imposed if the functions are suitable, and the employee's home and family are not exposed to danger. The bill also provides for compensation for employees working in emergency services, including a meal provided free of charge. Additionally, the creation of risk management committees in companies is envisaged to establish an action plan and keep useful information up to date to protect personnel.
The bill also establishes specific rules for schools and nurseries. If an establishment closes during class hours, no minor student can leave without being taken care of by a responsible person, and parents or legal guardians must be informed to organize their collection. School heads and designated staff members must remain on site until all students have departed.
The new law provides for sanctions in case of refusal to transmit data or necessary resources for risk management or obstruction of the application of regulations taken under the law. Offenders may face a fine of up to Rs 50,000 and a maximum prison sentence of twelve months. The government aims to guarantee protection that no longer depends on the sector of activity.
The Minister of Social Integration, Social Security, and National Solidarity, Ashok Subron, emphasizes that the government has chosen to protect Mauritian workers and preserve their lives. The bill aims to address the increasing frequency of torrential rains in Mauritius, particularly in the context of climate change. The legislation is expected to come into effect soon, providing a safer working environment for employees in the country.
Key points
- The Mauritian government has approved a bill to protect workers' rights during extreme weather conditions, providing a legal framework for employers' obligations and employees' safety.
