Section 40: Interpretation of Part IX

40. Interpretation of Part IX In this Part— “basic wage or salary”, in relation to a worker, means— (a) where the terms and conditions of employment of the worker are governed by Remuneration Regulations, an arbitral award or E9B – 29 [Issue 5] Employment Rights Act an agreement, whether oral or written, express or implied, the basic wage or salary prescribed in the Remuneration Regulations, award or agreement, or where the employer pays a higher wage or salary, the higher wage or salary so paid, but does not include any allowance by any name called, and whether paid in cash or in kind; (b) in any other case, all the emoluments received by the worker, excluding any bonus or overtime, but shall not exceed the maximum basic wage or salary as specified in the Second Schedule to the National Savings Fund (Collection of Contributions) Regulations 1997; “worker” does not include— (a) a public officer; (b) a person employed by a statutory body or by a local authority, other than a worker who is an insured person under section 13 (1) of the National Pensions Act; (c) a part-time worker; (d) a migrant worker or a non-citizen; (e) a worker employed in the sugar industry who voluntarily retires— (i) in the context of a Voluntary Retirement Scheme under section 23 of the Sugar Industry Efficiency Act; (ii) an Early Retirement Scheme under section 23A of the Sugar Industry Efficiency Act; or (iii) a factory closure pursuant to section 30 of the Mauritius Cane Industry Authority Act; (f) a person reckoning less than 180 days’ continuous employment with an employer as at the date of the termination of his employment. [S. 40 amended by s. 12 (f) of Act 14 of 2009 w.e.f. 1 July 2009; s. 20 of Act 6 of 2013 w.e.f. 11 June 2013.]