Section 13: Duty to employ disabled persons

13. Duty to employ disabled persons (1) Subject to this section, every employer shall employ such number of disabled persons as is specified in Part I of the Schedule. (2) The Board may summon an employer to show cause, on such date and at such time as may be specified, why he is not complying with subsection (1). (3) Every employer who fails or is unable to comply with subsection (1), either wholly or in part, shall inform the Board of the reasons for such noncompliance. (4) The Board shall set up a Hearing Committee to hold a hearing for the purposes of this Act, and any finding and recommendation made by the Hearing Committee shall be communicated to the Board for consideration and decision. (4A) The Hearing Committee shall consist of— (a) a Chairperson, who shall be a law practitioner, to be appointed by the Minister, after consultation with the Attorney-General; (b) a representative of the Ministry responsible for the subject of social security; (c) a representative of the Attorney-General’s Office; (d) a representative of the Mauritius Employers’ Federation; T16 – 5 [Issue 5] (e) a representative of disabled employees, to be appointed by the Minister; (f) the General Manager of the Training and Employment of Disabled Persons Board. (5) A proper record shall be kept of all proceedings under subsection (4). (6) The Hearing Committee shall, after the completion of the hearing, determine whether the employer cannot reasonably be expected, having regard to the nature of his business, to provide suitable employment to or to create suitable employment opportunities for the employment of disabled persons. (7) The Board may, in the light of the determination under subsection (6)— (a) give such directions to an employer as it may consider reasonable and proper in all the circumstances, including a direction, that the employer shall pay to the Board such contribution as is specified in Part II of the Schedule; or (b) exempt the employer from his obligation to employ disabled persons. (8) The employer shall, subject to section 15, comply with any direction of the Board under subsection (7). [S. 13 amended by s. 6 of Act 14 of 2012 w.e.f. 1 September 2012.]