Section 35: Workers employed by job contractor

35. Workers employed by job contractor (1) Where a worker is employed by a job contractor for the purpose of— (a) land preparation, growing, harvesting or processing of sugar cane and the construction, repair or maintenance of roads, bridges or water works, structures or buildings, wholly or substantially required for the purposes of the sugar industry and any other work incidental to the exploitation of land; or (b) the transport of canes, sugar, materials or supplies used in connection with any work specified in paragraph (a), this Act and the Sugar Industry Remuneration Regulations shall apply to the job contractor in the same manner as they apply to an employer in those enactments. (2) (a) Subject to paragraph (b), where an employer has recourse to one or more job contractors, the total number of man-days performed in any crop year by— (i) workers employed by the job contractor; and (ii) seasonal workers employed by the employer, shall be determined by the Mauritius Cane Industry Authority, in consultation with the Ministry responsible for the subject of labour, recognised trade unions and the employers, on or before 30 April of each year for the following crop year. (b) Where an employer has recourse to one or more job contractors, or intends to employ seasonal workers, he shall, on or before 31 March of each year inform the Mauritius Cane Industry Authority of the number of seasonal workers he will require for the following crop year. (c) The number of seasonal workers to be required under paragraph (b) shall be determined by the Mauritius Cane Industry Authority, in consultation with the recognised trade unions and the employers. (2A) The amount referred to in subsection (2) shall be arrived at after taking into consideration the award of the Arbitration Panel dated 31 July 2015. (3) Every employer shall, on or before 31 January of every year, submit to the Permanent Secretary separate returns on agricultural workers and nonagricultural workers, showing in respect of the preceding year— (a) the number of workers employed by job contractors under subsection (2) (a) (i); (b) the number of seasonal workers employed by him under subsection (2) (a) (ii); (c) the number of workers employed by him under section 34; and (d) the number of man-days performed by the workers referred to in paragraphs (a), (b) and (c). E9B – 23 [Issue 9] Employment Rights Act (4) In this section— “Arbitration Panel” means the Panel set up to look into unresolved issues relating to a labour dispute between the recognised Joint Negotiating Panel representing the recognised trade unions of the sugar industry and the then Mauritius Sugar Producers Association. [S. 35 amended by s. 15 of Act 6 of 2013 w.e.f. 11 June 2013; s. 18 (1) (a) of Act 34 of 2016 w.e.f. 1 January 2017.] PART VIII – TERMINATION OF AGREEMENT