Section 21: Workers employed by job contractor

21. Workers employed by job contractor (1) Where a worker is employed by a job contractor for the purposes of— (a) land preparation, growing, harvesting or processing of sugar cane and the construction, repair or maintenance of roads, bridges, water works, structures or buildings, wholly or substantially required for the purposes of the sugar industry and any other work incidental to the exploitation of land; or (b) the transport of canes, sugar, materials or supplies used in connection with any work specified in paragraph (a), the job contractor shall comply with the Employment Rights Act and with the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983 and the Sugar Industry (Non-Agricultural Workers) (Remuneration Order) Regulations 1985, as the case may be. (2) (a) Subject to paragraph (b), where an employer has recourse to one or more job contractors, the total number of man-days to be performed in any crop year by— (i) workers employed by the job contractor; and (ii) seasonal workers employed by the employer, shall be determined by the Mauritius Cane Industry Authority, in consultation with the Ministry responsible for the subject of labour, recognised trade unions and the employers, on or before 30 April of each year for the following crop year. [Issue 9] S49 – 20 (2) Revised Laws of Mauritius (b) Where an employer has recourse to one or more job contractors, or intends to employ seasonal workers, he shall, on or before 31 March of each year, inform the Mauritius Cane Industry Authority of the number of seasonal workers he will require for the following crop year. (c) The number of seasonal workers to be required under paragraph (b) shall be determined by the Mauritius Cane Industry Authority in consultation with the recognised trade unions and the employers. (2A) For the purpose of this section, the Mauritius Cane Industry Authority shall set up a committee which shall consist of— (a) a representative of the Authority, as chairperson; (b) a representative of the employer; and (c) a representative of the relevant recognised trade union. (2B) The number referred to in subsection (2) shall be arrived at after taking into consideration the award of the Arbitration Panel dated 31 July 2015. (3) Every employer shall, on or before 31 January of every year, submit to the Permanent Secretary of the Ministry responsible for the subject of labour, separate returns in respect of agricultural workers and nonagricultural workers, showing in respect of the preceding year— (a) the number of workers employed by him under section 34 of the Employment Rights Act; (b) the number of seasonal workers employed by him; (c) the number of workers employed by job contractors under section 35 of the Employment Rights Act; and (d) the number of man-days performed by the workers referred to in paragraphs (a), (b) and (c). (3A) Without prejudice to subsection (1), where an employer has recourse to a job contractor— (a) he shall forthwith give written notice thereof to the Minister to whom responsibility for the subject of social security is assigned and specify in the notice the name and address of the job contractor, the duration and value of the contract, and the nature of work or service to be performed; (b) the employer and the job contractor shall be jointly and severally liable to pay— (i) the levy under sections 18 and 18A of the Human Resource Development Act; (ii) the contribution under sections 17 and 17A of the National Pensi tten notice thereof to the Minister to whom responsibility for the subject of social security is assigned and specify in the notice the name and address of the job contractor, the duration and value of the contract, and the nature of work or service to be performed; (b) the employer and the job contractor shall be jointly and severally liable to pay— (i) the levy under sections 18 and 18A of the Human Resource Development Act; (ii) the contribution under sections 17 and 17A of the National Pensions Act; S49 – 20 (3) [Issue 9] Sugar Industry Efficiency Act (iii) the contribution under sections 5 and 5A of the National Savings Fund Act, in respect of every employee or insured person, as the case may be, employed by the job contractor in the performance of the work or service specified in the contract. (4) In this section— “Arbitration Panel” means the Panel set up to look into unresolved issues relating to a labour dispute between the recognised Joint Negotiating Panel representing the recognised trade unions of the sugar industry and the then Mauritius Sugar Producers Association; “employer” has the same meaning as in section 33 of the Employment Rights Act. [S. 21 amended by s. 4A of Act 3 of 2007 w.e.f. 1 March 2007; s. 42 (b) of Act 14 of 2009 w.e.f. 2 February 2009; s. 12 of Act 34 of 2016 w.e.f. 1 January 2017.] (S. 21 came into operation on 17 August 2002.)