Section 4A: Financial assistance to redundant workers

4A. Financial assistance to redundant workers (1) Every employer shall, not later than 31 December 2005, in respect of every person who was, on 30 June 2005, an employee or an insured person, as the case may be, pay to the Fund a contribution of 100 rupees. (2) Where an employer fails to pay the contribution under subsection (1), he shall be liable to pay, in addition to the contribution, a penalty representing 20 per cent of the contribution. (3) The amount of any unpaid contribution and penalty under this section may be recovered by the Fund in the manner provided for the recovery of State debts under the Recovery of State Debts Act. (4) The receiver, or receiver and manager, of a company under receivership, or the liquidator of a company under compulsory winding up, shall, as soon as practicable, after being appointed as such, give written notice to the Permanent Secretary— (a) of the date of his appointment as receiver, or receiver and manager, or liquidator, as the case may be; (b) specifying, in respect of each worker who has become redundant— (i) his full name and address; (ii) his last rate of pay; (iii) whether he has been paid, will be paid, or will not be paid, remuneration or wages in lieu of notice, or severance allowance, or compensation for length of service, as the case may be. (5) The notice given under subsection (4) shall be in such form as the Permanent Secretary may approve. (6) Any person who fails to comply with subsection (4) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees. (7) On receipt of a notice under subsection (4), the Permanent Secretary shall, in writing, notify the Board of the relevant particulars of the workers who have not been paid their remuneration or wages in lieu of notice or severance allowance or compensation for length of service, as the case may be. (8) There shall be paid out of the Fund, a financial assistance of 6,000 rupees to every worker referred to in subsection (7), whom the Permanent Secretary certifies as being a worker to whom such financial assistance is payable. [Issue 7] N24 – 2 Revised Laws of Mauritius (9) For the purpose of this section— “employee” has the same meaning as in the National Savings Fund Act; “employer” has the same meaning— (a) in relation to an insured person, as in the National Pensions Act; (b) in relation to an employee, as in the National Savings Fund Act; “insured person” means an insured person under section 13 (1) of the National Pensions Act; “Ministry” means the Ministry responsible for the subject of social security; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of labour; “worker” has the same meaning as in the Employment Relations Act. [S. 4A inserted by s. 23 (b) of Act 14 of 2005 w.e.f. 21 April 2005; amended by s. 3 of Act 32 of 2005.]