CO882-(3-4) — Page 256

PUBLIC RECORD OFFICE

Reference

TICO. 882

|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

PUBLIC RECORD OFFICE, LONDON

All contracts

20

slaves, they shall be subject to the general laws of the Colony regulating the rights and duties of masters and servants.

CHAPTER VII.

CONTRACTS OF SERVICE.

90. No contract of service between an employer

of service to and any servant shall be binding for more than one be in writing calendar month, unless made in writing in Mauritius if passed for

before a stipendiary magistrate; or in the case of more than

new immigrants, unless made in writing in India in virtue of a special requisition.

one month.

No contracts

to exceed five years. Contracts with female immigrants for five

years. Form of contract.

No notice required on expiration of

the contract of service.

Oral con- tracts.

Person

91. No servant may enter into any contract of service for any period exceeding five years.

92. Female new immigrants may be engaged by written contract either in India or in Mauritius for any period not exceeding five years.

93. Contracts of service made in Mauritius for male and female servants, shall respectively be in the form of the Schedule No. 18 hereto annexed, provided such forms may from time to time be altered by re- gulations passed as herein-after enacted.

94. Every written contract of service shall expire at the close of the stipulated time of service or any prolonged time of service, in cases where such pro- longation is sanctioned by any provision of this Ordinance, without any notice on either side for that purpose.

95. No oral contract of service with any servant shall be binding for more than one calendar month, and if a notice of an intention to terminate the en- gagement be not given by either party at least 14 days before the expiration of any such month, the engagement shall be considered to have been renewed for another month, and to be binding upon both; and in the case of a master dismissing a servant without such notice, except for misconduct, he shall be bound to pay one month's wages to the servant, and in case of a servant quitting a master without such notice, he shall forfeit to the master the like sum, or be subject, in default of immediate payment, to imprisonment for a period not exceeding 10 days.

96. No person shall be allowed to sign a contract signing con- of service or a security bond for any employer unlese he produce a special power of attorney in the form of Schedule No. 19 annexed, such power of attorney shall be filed in the stipendiary court of the district where the servant resides.

tract of ser- vice for em- ployer to produce power of attorney.

Contracts

97. No written contract of service shall be passed with minors, with any minor under the age of 10 years.

limitations

in.

No written contract of service shall be passed with any minor between the ages of 10 and 15 years for more than one year, and with the consent of the parent or guardian of such minor.

Any minor of the full age of 15 or upwards shall be free to engage under written contract of service, if the parent or guardian of such minor do not appear

21

and object thereto, at the time of passing uch contract.

In case any minor above the age of 15 years shall have engaged under contract of service without the consent of his or her parent or guardian, such con- tract may, upon the application of the parent or guardian, and upon good and sufficient cause shown to the satisfaction of the stipendiary magistrate, after bearing the employer, and such further evidence as the magistrate shall think fit, be cancelled.

Nothing in the present article contained shall be construed as invalidating any contract of service made in India.

A natural mother shall, for the purposes of the provisions of this article, act to all intents and pur. poses as a legitimate mother.

engage

in certain

98. Whenever any employer shall appear before a Magistrate stipendiary magistrate, for the purpose of passing a cases to en- contract of service with a labourer, if the status of quire as to such employer and his capability of fulfilling the the means of conditions of the proposed contract be not well employers

contracting known to the magistrate, the contract shall not be with labour- passed, until inquiries respecting such employer shall ers. have been made by the magistrate through the chief police officer of the district; and if the magistrate be not satisfied that the employer proposing to the labourer is in a position to pay his wages, the passing of the contract shall not be allowed.

99. Whenever any party shall appear before a Magistrate stipendiary magistrate for the purpose of passing a contract of service with a labourer, and the said fuse or post- magistrate shall have good grounds for believing pone-passing that the said proposed contract is a fictitious con- contracts. tract, and that the parties thereto have no bond fide intention of executing the conditions thereof, or that the intended employer has not the means of paying the wages of the labourer if engaged to him, it shall be in the discretion of the magistrate either to refuse to pass the contract, or to postpone passing the same, until the intended employer shall have proved to his satisfaction the bona fides of the proposed contract, or that he shall be able to pay the labourer's wages

as they become due, as the case may be.

in certain CRESS to

■ fictitious

100. Any employer or servant who shall be con- Penalty for victed of having entered into a fictitious contract, entering into whether written or oral, shall be liable to a fine not contract. exceeding 101. or to imprisonment not exceeding 10 days, for whatever purpose the fictitious contract may

be shown to have been entered into.

101. Every master shall, within 24 hours after the Certificate discharge of any servant under written contract who of discharge has been in his employment, either by the termina- to be sent tion of the contract of service, or otherwise, send or trate on ter-

to magis- produce to the stipendiary magistrate of the district mination of a certificate of discharge in the form of the Schedule engagement. No. 20 hereunto annexed, in which shall be inserted whether any and what amount of wages is due, under a penalty not exceeding 12, which certificate the said magistrate shall sign or stamp; and the said servant shall, within 48 hours of such discharge, be bound to apply to the stipendiary magistrate for such cer- tificate, in default whereof his engagement shall be deemed to be unfinished. Provided always, that if

C 3