Section 23: Voluntary Retirement Scheme

23. Voluntary Retirement Scheme (1) A planter, miller or service provider may implement a Voluntary Retirement Scheme in accordance with this section to employees specified in Part I (a) (i), (ii) and (v) of the Third Schedule. (2) Subject to subsection (3), where a planter, miller or service provider implements the VRS, he shall do so on the principle of mutual consent, whereby— (a) the planter, miller or service provider shall not impose the VRS on an employee; and (b) the employee to whom the VRS has not been offered cannot compel the planter, miller or service provider to do so. (3) Where a planter, miller or service provider implements the VRS, he shall not offer the VRS to any other worker or employee unless an offer has been made to— (a) any female agricultural or non-agricultural worker— (i) of the age of 45 or over; or (ii) reckoning not less than 25 years of service; and [Issue 9] S49 – 20 (4) Revised Laws of Mauritius (b) any male agricultural or non-agricultural worker— (i) of the age of 50 or over; or (ii) reckoning not less than 30 years of service, in his employment. (4) An offer in respect of the VRS shall be made in writing. (5) Where a worker or employee to whom an offer for the VRS has been made signifies his acceptance in writing, the planter, miller or service provider shall implement the VRS in respect of that worker or employee. (6) Where a planter, miller or service provider intends to implement the VRS, he shall apply to the Minister for approval of the VRS. (7) Upon receipt of an application under subsection (6), the Minister may, after consultation with the Mauritius Cane Industry Authority, approve the scheme. (8) The planter, miller or service provider shall submit to the Minister such information as the Minister may require in relation to the proposed implementation of the VRS. (9) Where a VRS is approved by the Minister, the planter, miller or service provider shall comply with the conditions specified in Part I of the Eleventh Schedule. (10) Subject to subsection (9), an employee or worker who voluntarily terminates his contract of employment pursuant to the VRS shall be entitled to the benefits specified in Part II of the Eleventh Schedule. (11) In this section— (a) the age of the employee or a worker shall be the age he or she reached on the day the Minister approves an application for a VRS; (b) “service provider” means any person, other than a planter or miller, who employs workers governed by the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983 and the Sugar Industry (Non-Agricultural Workers) (Remuneration Order) Regulations 1985. [S. 23 amended by s. 27 (e) of Act 20 of 2002 w.e.f. 10 August 2002; s. 5 of Act 3 of 2007 w.e.f. 1 March 2007.] continued on page S49 – 21 S49 – 20 (5) [Issue 9] Revised Laws of Mauritius