1. The written contract of employment
The Workers' Rights Act 2019 (s. 11) requires a written contract as soon as the employment lasts more than one month. It is given to the employee no later than 14 days after the end of the first month, written in French or Creole, and a copy is sent to the Ministry of Labour within 30 days.
Make sure it sets out:
- the job (household employee, gardener, driver, watchman, carer and so on) and the place of work;
- the start date and the duration (permanent or fixed term);
- working hours, working days and the rest day;
- the gross monthly salary, the pay date and the payment method;
- any benefits provided (meals, allowances, equipment).
The Ministry of Labour publishes an official contract template for domestic workers. Lakazone records this information on each employee's file to calculate the payroll.
What about a probation period?
The Workers' Rights Act 2019 does not provide for a probation period for a household employee. So don't rely on a probation clause to end the contract freely: the rules on notice and dismissal apply. If in doubt, check with the Ministry of Labour before drafting such a clause.
2. Registering with the MRA
Register with the MRA as a household employer to obtain your ERN (Employer Registration Number). It appears on every payslip and lets you declare CSG, NSF and PRGF every month, by the end of the following month at the latest. The process is explained in the guide to the MRA return.
3. The employee's NIC
Note your employee's National Identity Card number (NIC). It is required on the payslip and in the MRA return.
4. A salary at least equal to the minimum
The National Minimum Wage is Rs 17,745 a month for a full-time job of 48 hours. For part-time work, it is calculated pro rata to the hours, with an hourly rate at least 5% higher (WRA, s. 28). Examples and calculations are in the minimum wage guide; to go from a target net salary to the gross, use the calculator.
5. Working hours and rest
- Normal hours: 48 hours a week, 8 hours a day, between 6 am and 10 pm (12 hours a day for a carer).
- Weekly rest: one day a week, which must be a Sunday at least twice a month.
- Daily rest: 11 consecutive hours.
- Overtime: x1.5 beyond 8 hours or after 10 pm; on a public holiday, x2 for the first 8 hours before 10 pm, then x3. There is no separate Sunday rate.
6. How to pay
The salary is paid at least once a month, no later than the last working day of the pay period. It is paid in cash unless the employee agrees in writing to a bank transfer or cheque (WRA, s. 27). When paying in cash or by cheque, have the employee sign the wages register each time.
7. Benefits specific to household employees
The Domestic Workers (Remuneration) Regulations 2019 provide for:
- a meal, or an allowance of Rs 85, when work continues beyond 6 pm;
- Rs 50 a day when the employee works away from their usual place of work;
- two aprons a year for cleaning and cooking;
- boots and gloves for a gardener, a torch for a night watchman.
Amounts set in 2019; no revision has been identified since.
8. The rules on ending employment
- Notice: at least 30 days (s. 63).
- Gross misconduct: notify the charges within 10 days, give the employee 7 days to respond, and decide within the following 7 days (s. 64).
- Unjustified dismissal of an employee with more than 12 months' service: 3 months' remuneration per year of service (s. 69 and 70).
- Final settlement: amounts owed are paid at the end of the notice period, including untaken leave (s. 31), together with the pro rata end-of-year bonus.
- Certificate of employment: to be provided within 7 days (s. 68).
Ending a contract is when mistakes cost the most. Before dismissing anyone, take advice from the Ministry of Labour or a professional adviser.
Then, every month
Once your employee is hired, the routine is simple: record absences, hand over the payslip, track leave and file with the MRA. That's what Lakazone automates.