Section 3: Payment of gratuity
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. Payment of gratuity
(1) Subject to the other provisions of this section, every employer shall,
on or before 21 December in every year, pay a gratuity to every employee
who is or has been in his continuous employment during that year.
(2) Subject to subsection (4), the gratuity payable to an employee who
reckons continuous employment with his employer—
(a) for the whole or part of the year and who is in his employment
on 31 December, shall be equivalent to not less than one twelfth
of the monthly basic wage or salary of the employee payable in
respect of the month of December, multiplied by the number of
months during which he has worked in that year;
(b) for only part of the year and—
(i) whose employment has been terminated by reason of redundancy; or
(ii) who retired in the course of the year in compliance with
the provisions of any agreement or enactment,
shall be equivalent to not less than one twelfth of the monthly basic wage or
salary of the employee payable for the last month of his employment multiplied by the number of months during which he has worked.
[Issue 1] E10 – 2
Revised Laws of Mauritius
(3) (a) Where an employee is eligible for, but does not qualify for, an end
of the year bonus, by whatever name called, under any other enactment or
agreement, he shall not be paid any gratuity.
(b) Where an employee reckons service for only part of the year, he
shall be paid the gratuity or an end of the year bonus, by whatever name
called, under any other enactment or agreement, whichever is the higher.
(c) Where an employee is eligible and qualifies for an end of the year
bonus, by whatever name called, under any other enactment or agreement,
he shall be paid either the bonus or the gratuity, whichever is the higher.
(4) For the purpose of subsection (1), where an employee is paid otherwise than on a monthly rate, his monthly basic wage or salary for the month
of December or the last month of his employment shall be deemed to be—
(a) where he is paid at a daily rate, 26 times his daily basic wage or
salary in that month;
(b) where he is paid at a weekly rate, 4 and one third times his
weekly basic wage or salary in that month.
(5) Where the basic wage or salary of an employee is paid partly by one
employer and partly by another, each employer shall pay that part of the gratuity which bears the same proportion to the gratuity as the part of the basic
wage or salary paid by him bears to the total basic wage or salary.