Working during extreme weather conditions

So we are back in bad weather season again. Just a quick peek at what the law provides about working during extreme weather conditions.

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NO WORK SITUATIONS

Where, during a period of extreme weather conditions, including, but not limited to heavy or torrential rainfall –

(i)?????????? an Order is issued by the National Crisis Committee requiring any person to remain indoors, or

?(ii)???????? a state of disaster is declared and any Direction for the purpose of assisting and protecting the public is issued (under section 37 of the National Disaster Risk Reduction and Management Act) –

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an employer shall not require a worker –

(i)?????????? to report to work, or

(ii)???????? to continue to work, where he is exposed to the weather conditions.

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The employer shall pay to the worker a FULL day’s remuneration where –

(i)?????????? no work can be performed owing to the weather conditions; or

(ii)???????? the worker resumes work for 2 hours or more;

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The employer shall pay to the worker a HALF day’s remuneration where –

?(i)?????????? work?? has?? been?? stopped?? before?? the worker has completed 2 hours of work; or?

(ii)???????? the worker resumes work for not more than 2 hours.

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?RIGHT TO ABSENCE WITH PAY

Where a cyclone warning class III or IV or a safety bulletin [issued under the Mauritius Meteorological Services (Warnings) Regulations 2023] is in force–

§? a worker may absent himself from work, and

§? the employer shall pay remuneration to the worker at the normal rate in respect of the period of absence.

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The above applies until –

§? the cyclone warning class III or IV is lifted or a termination bulletin is issued by the Mauritius Meteorological Services and

§? public transport is available OR the employer provides a means of transport to the worker to attend his place of work.

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REQUIREMENT TO WORK DURING EXTREME WEATHER CONDITIONS,

REMUNERATION AND FREE MEALS

Where, by the nature of the operation of an undertaking in which a worker is employed, he is required to work –

§? on the employer’s premises,

§? at any other place where he has been assigned duty, or

§? where? he? is? required? to? work? at? the employer’s premises during extreme weather conditions,

the worker shall, in addition to any remuneration due to him, be entitled to–

(i)????? an? allowance? equal ?to? 3? times? the? basic? rate? per hour in respect of every hour of work performed, and

(ii)???? an adequate free meal

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WORK FROM HOME

NO RISK

A? worker? may? be? required? to? perform? work? from? home? by? his? employer, during period of extreme weather conditions, only if there is no –

(i)????? risk to his life or that of his family;

(ii)???? risk of injury;

(iii)?? risk of his residence being damaged; or

(iv)?? electricity or communication breakdown.

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REMUNERATION FOR WORKING FROM HOME

The worker shall be remunerated at not less than twice the rate at which the work is remunerated when performed during the normal working hours.

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DEFINITION OF EXTREME WEATHER CONDITIONS

“extreme weather conditions” includes –

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(a) ? cyclonic conditions where a warning class III or IV is issued by the Mauritius Meteorological Services;

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(b)?? a situation where an order is issued by the National Crisis Committee requiring a person to remain indoors during a period of heavy or torrential rain; or

(c) ?? a situation where a safety bulletin has been issued by the??? Mauritius Meteorological Services.

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STAY SAFE!

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