the Workfare Programme Fund, he will, for the benefit of the House, obtain information as to the eligibility…
(No. B/985) Mr C. Baboolall (First Member for Montagne Blanche & GRSE) asked the Minister of Labour and Industrial Relations whether, in regard to the Workfare Programme Fund, he will, for the benefit of the House, obtain information as to the eligibility criteria to benefit thereunder and the form of assistance provided.
Madam Speaker, the Workfare Programme Fund is a social protection measure to provide immediate financial assistance to laid off workers by paying a transition unemployment benefit for up to 12 months. Under Section 77 of the Workers’ Rights Act, the main objects of the Workfare Program Fund are – • to pay a transitional unemployment benefit to laid off workers; • to pay remuneration due to a worker where an enterprise is considered to be insolvent or in case of force majeure; • to pay the amount representing the balance of 20% of industrial injury benefit to which an injured worker is entitled, calculated in accordance with the Social Contribution and Social Benefits Act, and • to pay the financing of such social plan for the benefit of workers as may be prescribed. Under this provision, the Workers’ Rights (Social Plan) (Income Support to Workers) Regulation 2024 was made for income support to employees who were deprived of their wages from April 2024 to February 2025 as a consequence of having difficulties in accessing their workplaces due to infrastructural works being carried out along B103 road in the region of Chamarel. Moreover, Section 40 of the Workers’ Rights Act, which applies to a worker earning up to Rs600,000 annually, provides that the Workfare Programme Fund shall hold an account known as the Wage Guarantee Fund Account. The purpose which is – (i) to pay remuneration for not more than the last three months wages as indemnity in lieu of notice, and end of the year gratuity or bonus due to a worker up to an amount of Rs50,000 where an enterprise is considered insolvent or in the case of force majeure. This payment is refundable to the Workfare Program Fund upon realisation of assets of the enterprise. (ii) the Wage Guarantee Fund Account is also used to provide for unpaid contribution to the Portable Retirement Gratuity Fund. Madam Speaker, as far as the eligibility criteria is concerned, Section 84 of the Workers’ Rights Act, which applies to all workers, irrespective of their salary, provides for the payment of Transition Unemployment Benefit where – “(1) A worker shall be entitled to a transition unemployment benefit where – (a) his agreement is terminated by an employer – (i) for the reason specified in section 61(2); (ii) in contravention of section 64(1), (1A), (2) or (6); (iii) for any other reason, whether justified or not; and (b) work has ceased for reasons of – (i) force majeure; (ii) death of the employer; or (iii) a company removed from the register under the Companies Act; (ba) where he proceeds on leave without pay pursuant to an order made by the Board under section 72A (5) and he has not taken any other employment during that period of leave without pay; (c) no termination letter has been issued and the supervising officer is of the opinion that the complaint is bona fide;” In addition, to be eligible for the payment of the Transition Unemployment Benefit – (d) he has registered himself with the supervising officer within a period of 60 days following the termination of his employment; (e) he has, registered himself with the supervising officer after the period specified in paragraph (d) and has shown cause, certified by a medical certificate, that – (i) he was admitted to a hospital or other medical institution in Mauritius or abroad for treatment in connection with an illness or injury before the expiry of the specified period and he was discharged after the expiry of that period; (ii) he has been granted sick leave for the purpose of convalescence after his discharge or was on sick leave immediately after his discharge; or (iii) he was bedridden during the specified period.” Another criterion for eligibility – “The worker must reckon at least 180 days continuous employment, and in case of a part-time worker, he must have performed more than 24 hours work in a week.” Public officers, person employed by a statutory body falling under the purview of any Ministry or by a local authority, migrant workers and non-citizen are not eligible for the payment of Transition Unemployment Benefits. The amount of Transition Unemployment Benefit payable to worker is as follows – (a) 90% of basic wages or salary for the first three months; (b) 60% of the basic wage or salary from the fourth month to the sixth month, and (c) 30% of basic wage or salary from the seventh month to the end of the 12th month. However, the maximum wage for calculating the Transition Unemployment Benefit is Rs28,750. Madam Speaker, pursuant to Section 84 (7) of the Workers’ Rights Act, the Transition Unemployment Benefit shall cease as from the end of the month in which the worker either becomes gainfully employed on a full-time basis for a period of at least 30 consecutive days, or reaches retirement age, or declined for the second time an offer for a job or training which is in accordance with his profile and qualification. Under Section 84 (8) of the Workers' Rights Act, a worker who becomes gainfully employed has the obligation to notify the supervising officer of my Ministry accordingly. Where a worker who has become or is in gainful employment fails to notify the supervising officer, he shall commit an offence if he continues to benefit from the transition unemployment benefit. After being gainfully employed, he should refund the transition unemployment benefit received, failing which the failure to refund constitutes an offence under section 84 (8C) of the Workers' Rights Act. Madam Speaker, in accordance with section 123 subsection 2 of the Workers' Rights Act, such offence shall, on conviction, be liable to a fine not exceeding Rs25,000 and to imprisonment for a term not exceeding two years.
Yes.
I thank the hon. Minister for his answer. Can the hon. Minister indicate how many applicants are currently awaiting disbursements of assistance under the welfare programme?
Madam Speaker, I do not have the number of pending cases, but what I can table is for each of the year 2022, and for the period January 2026 to June 2026, the number of applications received, the number of applications disposed and the number of applications being processed at the level of the Ministry.
You will be able to provide...
I will provide the additional information as how many are pending.
Of course. Is that all right? Yes, next question.
Yes, since we are concerned about unemployed people, is there any local recruitment requirement first, before an employer is allowed to apply for foreign worker permits?
Yes, Madam Speaker, as I said, one of the eligibility criteria for this payment of transition unemployment benefit is that the employee, the worker should not have refused twice a job offer which matches his qualification and experience. And therefore, every worker who benefit from this transition unemployment benefit has to register with the unemployment centre and he is offered, on a priority basis, any job available. This is now a requirement before any employer recruits a foreign worker, he needs to go through the employment information centre. He needs to give a first offer to unemployed people including people receiving that transition unemployment benefit
Yes. Good. Hon. First Member for Port Louis North and Montagne Longue. FORTIFIED LEARNING ENVIRONMENT NATIONAL PROGRAMME – EXTENDED PROGRAMME TUTORS – PERMANENT EMPLOYMENT