Section 44: Transition Unemployment Benefit

44. Transition Unemployment Benefit (1) Subject to subsection (4), every worker who is registered in the Workfare Programme shall be entitled to a Transition Unemployment Benefit for a minimum period of one month accruing as from the beginning of the month in which his employment is terminated and for a period not exceeding 12 months at the rates specified in the Seventh Schedule. (1A) Where a worker is admitted to a training or re-skilling scheme, he shall, at the time of his admission, opt— (a) to continue to draw his Transition Unemployment Benefit until he becomes entitled to the minimum benefit specified in the Seventh Schedule; or (b) to cease to draw his Transition Unemployment Benefit and be paid the training or re-skilling stipend by the institution referred to in section 43 (2) (b) (i). (2) The Transition Unemployment Benefit shall be financed as specified in the Eighth Schedule. (3) The total contribution payable under section 17 of the National Pensions Act shall be paid from the Workfare Programme Fund under section 45 (3) in respect of a worker for the period during which he is a beneficiary of the Transition Unemployment Benefit, or the training or re-skilling stipend paid under subsection (1A) (b) on the basis of the same basic wage [Issue 6] E9B – 32 Revised Laws of Mauritius or salary of the worker on which the contribution was payable before the termination of his employment. (4) The Transition Unemployment Benefit shall cease at the end of the month in which the worker— (a) opts out of the Workfare Programme; (b) becomes gainfully employed on a full-time basis for a period of at least 30 consecutive working days; (c) refuses an offer for job placement for a second time; (d) where he has opted for training or re-skilling— (i) becomes entitled to the minimum benefit specified in the Seventh Schedule or the stipend referred to in subsection (1A) (b); (ii) refuses an offer for a training or re-skilling scheme for a second time; (iii) drops out from the training or re-skilling scheme to which he was admitted; (e) sets up a small business with the assistance of an institution prescribed under section 43 (2) (b) (ii); or (f) reaches the retirement age. (5) Subject to section 43 (2) (a), where a worker becomes gainfully employed, he shall notify the Permanent Secretary within 7 days of the day on which he became gainfully employed. (6) The Employment Service shall notify the Permanent Secretary within 7 days from the time the worker has been placed in a job or refuses an offer for job placement for a second time. (7) The institutions referred to in section 43 (2) (b) (i) shall notify the Permanent Secretary within 7 days from the date of the worker— (a) is admitted to a training or re-skilling scheme and whether he has opted for the Transition Unemployment Benefit under section 44 (1A) (a) or the stipend under section 44 (1A) (b); (b) refuses an offer for a training or re-skilling scheme for a second time; or (c) drops out from the training or re-skilling scheme to which he was admitted. (8) The institutions referred to in section 43 (2) (b) (ii) shall notify the Permanent Secretary within 7 days from the date the worker has set up a small business. (9) Where a worker has made an option under subsection (1A) or ceases to be entitled to the Transition Unemployment Benefit under subsection (4), the Permanent Secretary shall, not later than the next working day following the receipt of notification under subsection (5), (6), (7 aining or re-skilling scheme to which he was admitted. (8) The institutions referred to in section 43 (2) (b) (ii) shall notify the Permanent Secretary within 7 days from the date the worker has set up a small business. (9) Where a worker has made an option under subsection (1A) or ceases to be entitled to the Transition Unemployment Benefit under subsection (4), the Permanent Secretary shall, not later than the next working day following the receipt of notification under subsection (5), (6), (7) or (8), notify on an approved form the Permanent Secretary of the Ministry responsible for the subject of social security. [S. 44 amended by s. 12 (i) of Act 14 of 2009 w.e.f. 1 July 2009; s. 23 of Act 6 of 2013 w.e.f. 11 June 2013; s. 13 (e) of Act 27 of 2013 w.e.f. 21 December 2013.] E9B – 33 [Issue 6] Employment Rights Act