Section 3: Restriction on employment of non-citizens

3. Restriction on employment of non-citizens (1) Subject to this Act, a non-citizen shall not— (a) engage in any occupation in Mauritius for reward or profit; or (b) be employed in Mauritius, unless there is in force, in relation to him, a valid permit and he engages in the occupation, or is employed, in accordance with any condition which may be specified in the permit. (2) — (3) Subject to this Act, no person shall have a non-citizen in his employment in Mauritius without there being in force a valid permit in relation to that employment. (4) Subject to this Act— (a) any non-citizen who engages in any occupation in Mauritius or is employed in Mauritius in contravention of subsection (1); and (b) any person who has in his employment in Mauritius a non-citizen in contravention of subsection (3), shall commit an offence and shall, on conviction, be liable to a fine of not less than 25,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 2 years. (5) A non-citizen who— (a) is a resident; and (b) was engaged in any occupation or was employed in Mauritius on 17 May 1973, may, notwithstanding subsection (1), engage in any occupation for reward or profit or be employed without a permit as long as he is resident in Mauritius. (6) Notwithstanding subsections (1) and (2), a holder of an occupation permit issued under the Immigration Act, or a non-citizen who has been granted a permanent residence permit under section 5A of the Immigration Act, or is a member of the Mauritian Diaspora under the Mauritian Diaspora Scheme, or a person certified by the Managing Director of the Board of Investment to be a person involved in the business activities of the Smart City Scheme, prescribed under the Investment Promotion Act, may engage in any occupation for reward or profit, or be employed, without a permit issued under this Act during the period covered by the occupation permit or permanent residence permit, as the case may be. [S. 3 amended by s. 3 of Act 38 of 2001; s. 21 (a) of Act 20 of 2002 w.e.f. 1 September 2002; s. 8 (a) of Act 21 of 2006 w.e.f. 1 October 2006; s. 25 of Act 17 of 2007 w.e.f. 22 August 2007; s. 19 (a) of Act 26 of 2012 w.e.f. 22 December 2012; s. 38 (b) of Act 9 of 2015 w.e.f. 23 October 2015.] [Issue 7] N35 – 2