Section 23A: Early Retirement Scheme

23A. Early Retirement Scheme (1) A miller may implement an Early Retirement Scheme in accordance with this section for employees specified in Part I (a) (ii) and (v) of the Third Schedule. (2) Where a miller implements an ERS, he shall do so on the principle of mutual consent, whereby— (a) the miller shall not impose the ERS on an employee; and (b) the employee to whom the ERS has not been offered cannot compel the miller to do so. (3) An offer in respect of the ERS shall be made in writing. (4) Where a worker or employee to whom an offer for the ERS has been made signifies his acceptance in writing, the miller shall implement the ERS in respect of that worker or employee. (5) Where a miller intends to implement an ERS, he shall apply to the Minister for approval of the ERS. (6) On receipt of an application under subsection (5), the Minister may, after consultation with the Mauritius Cane Industry Authority, approve the ERS. (7) The miller shall submit to the Minister such information as the Minister may require in relation to the proposed implementation of the ERS. (8) Where the ERS is approved by the Minister, the miller shall comply with the conditions specified in Part I of the Eleventh Schedule, wherever applicable. (9) Subject to subsection (8), an employee or worker who voluntarily terminates his contract of employment pursuant to the ERS shall be entitled to the benefits specified in Part II of the Eleventh Schedule, wherever applicable. (10) In this section— (a) the age of an employee or a worker shall be the age he or she reaches on the day the Minister approves an application for an ERS; (b) “miller” means such miller referred to in the Mauritius Cane Industry Authority Act as the Minister may approve. [S. 23A inserted by s. 6 of Act 3 of 2007 w.e.f. 1 March 2007; amended by s. 65 (5) (e) of Act 40 of 2011 w.e.f. 19 March 2012.]