Mauritian Employees Stranded in Gulf Conflict Protected by “Force Majeure,” Experts State

Mauritian workers currently stranded in the Gulf region due to escalating military conflict are legally protected from dismissal under the principle of “force majeure,” according to legal and trade union experts.

As travellers remain stuck in transit hubs including Dubai and Abu Dhabi following flight cancellations, concerns have mounted regarding potential job losses and “abandonment of post” allegations.

However, Labour Minister Reza Uteem and legal professionals have clarified that the current geopolitical crisis constitutes a legal barrier beyond the employees’ control.

The Legal Shield: Force Majeure

Barrister Dev Ramano noted that Articles 1147 and 1148 of the Mauritian Civil Code explicitly recognise force majeure—a situation that is both unpredictable and independent of the individual’s will.

“When a person is blocked due to a situation outside of their control, such as the war in the Middle East, we are facing a framework of force majeure,” Mr Ramano explained.

Under this framework, any disciplinary action against an absent employee would be legally unjustified.

Rights and Responsibilities

Despite the legal protections, experts warn that the “legal shield” requires active participation from the employee. To maintain protection, workers must:

• Inform their employers as soon as possible.
• Provide evidence of their situation, such as cancelled tickets, airline notifications, or consular certificates.

Haniff Peerun, President of the Mauritius Labour Congress, affirmed that the Workers’ Rights Act offers robust protection.

“An employee stranded abroad for valid reasons cannot be dismissed,” he stated, adding that salaries should not be docked as the situation is entirely involuntary.

A Call for “Humanism”

Labour Minister Reza Uteem has urged the private sector to adopt a compassionate stance.

While noting that Mauritian law explicitly codes for disruptions like cyclones but not specifically for foreign wars, he maintained that the current cancellations undeniably fall under force majeure.

“I appeal to companies not to sanction workers and to adopt a humanist approach,” the Minister said.

Sector Disparity

The impact varies between the public and private sectors. Civil servants often benefit from direct state intervention and diplomatic support.

In contrast, private-sector employees must rely on dialogue with management.

Mr Peerun advised that any private-sector workers facing difficulties or threats of sanction should refer their cases to the Ministry of Labour for mediation.

Source: Defi Media