SUMMARY Unions are groups created in order to create fairness and job security in the workplace Article 2 (h) is defined the Trade Union as “Any combination whether is permanent or temporary mainly for the purpose of regulating relations between workmen and employers or between employers, and includes any federation of two or more trade unions.” Western countries can be traced back to the 18th century. Industrial Development of India on the Western model, but started from the mid-19th century. Organized the first union in India called the Madras Union force was established in the year1918. Since then, a large num ber of unions emerged in almost all the industrial centres of the country. Union s are orga niz a tions that represent employee at work. Their goal i s to improv e an d protect the wages of people and wo rking c o nditions Unions exist because each worker has v ery little power to influence the decisions that a re made about his work Trade union represents the worker who does a particular job or wor k in a particular a rea as its C ompany n ame. The main benefits of trade union Negotiation Representation Infor mation and advice Member services Major Trade union in India The Indian national trade union congress The All India trade union congress Hind mazdoor sabha The united trade union congress Centre for Indian trade union The Indian national trade un io n c o n gress party and for med the congress leaders like Nehru and Patel INTUC were involved. The All India n tr ade union co ngr ess is t he first trade union communist pa rty in India.
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Hind mazdoor sabha is organized to keep its members free of any political or
other interference outside.
The united trade union congress is founding president was professor K.T.
Shah. Member of the constituent‟s assembly of Bombay. And was the
founding general secretary Mrinal Kanti Bose, former president of AITUCBengal.
Centre of Indian Trade Unions is now one of the largest gatherings of workers
and classes of India. Centre of Indian Trade Unions CITU is a level of the
National Union of India Trade politically tied to the Communist Party of India
(Marxist).
Other Trade Union‟s are
Bhartiya mazdoor sangh (BMS)National organization of work (NOW)
National front of Indian union (NFIU)
Trade union congress committee (TUCC)
Trade Union works in Mauritius
Federation of Trade Unions of Public Service
Federation of Progressive Unions
Mauritius Labour Congress
Mauritius Trade Union CongressConfederation of National Trade Unions
Organization of African Unity Artisans
Telecommunications Employees and Staff Association
Federation of Trade Unions of Public Employees (SCCF / CCFA) is one of
two main unions of the National Trade Union Confederation in Mauritius.
Federation of Trade Unions of Public Service in 1956 was the first federation
of trade unions to be registered and recognized subsequently granted by the
Government in May 1957.
The Mauritius labour congress and Federation of Progressive Unions (FPU) is
a national trade union centre in Mauritius.
Mauritius trade union congress is affiliated with the International Trade Union
Confederation.
The two main subsidiaries are NTUC Trade Union Federation of Public
Service, and the Organization of African Unity Artisans.
The Organization of African Unity Artisans (OAU) is one of two main unions of the National Trade Union Confederation in Mauritius. Based industries of tea
and sugar, the OAU are also textile workers and sectors of the hospitality andcatering.The Main purpose of Telecommunication employee and staff association is The
main purpose of the union is to represent Mauritius Telecom Group
employees and employees working in Information and Communications
Technology (ICT) in general, in all areas of industrial relations, human
resources, human rights the education of workers and human and labor
relations.
The association of south East Asia population is 591 million and their total trade
union is U.S. $ 1.536 trillion and GDP is 1.496 billion U.S. dollars.
European Union is founded in 1951 by six countries neighbouring the European coal
and steel community.
Regional bloc the largest number of Member States is 27. These Bulgaria,
Cyprus, Czech Republic, Denmark, Germany, Austria ,Greece, Belgium,Estonia, Finland, E U, Hungary, Ireland, Italy, Romania, Slovakia, Slovenia,Spain, Sweden, the Netherlands, France, the United Kingdom and Latvia,Lithuania, Luxembourg, Malta, Poland, Portugal
MERCOSUR is created on March 26, 1991 with the Treaty of assumption.
MERCOSUR population is more than 273 million and GDP is U.S. $ 2.774 trillion
over.
The Agreement North American Free Trade Agreement (NAFTA), signed by
Prime Minister Brian Mulroney, Mexican President Carlos Salinas, and U.S.President George HW Bush, came into force on 1 January 1994.
NAFTA population is more than 463.1 million and GDP is U.S. $ 17.0 billion.
Other Trade Block is
ANDEAN (Andean Community)
BSEC (Organization of the Black Sea Economic Cooperation)
CARICOM (Caribbean Community)
ECOWAS (Economic Community of the States of West Africa)
EFTA (European Free Trade)
SAARC (South Asian Association for Regional Cooperation)
SADC (Southern Africa Development Community)
The Mauritius Cargo Community Services (MCCS) is a partnership between
the public sector and the private sector, i ncluding the Mauritius of Industry and
Commerce, the Mauritius Export, the State Investment Corporation and theMauritius Ports Authority.
Exports categories of goods is freely allowed and encouraged, except for the
following:
Prohibited items – on the religious grounds (beef for example) or environmental andbioconservation of grounds all wild animals and exotic birds and their parts, and
endangered plant species declared under the CITES convention seashells of
certain species
Restricted items – chemicals included in the Chemical Weapons Conventions; cattle,
camel and the horses; agriculture products that are seasonal or in which India is not
fully self-sufficient, and requiring an export quantity registration or licence from the
Export Development Authority (skimmed milk powder, pulses, edible oil in bulk,
sugar, wheat and non-basmati rice etc). Restrictions may also be extraneous- such
as those specified by the destination country on health and phytosanitarygrounds .
THE MAURITIAN LEGAL SYSTEM
Mauritius had an inherited its laws from its 2 successive colon administrator, France
and Great Britain. Each one of these period has left a deep imprint on the legal
system of Mauritius for doing business. As a consequence there of, our system is
often referred as a mixed or complex legal system of Mauritius.
Our procedural law and law of evidence remain largely of British inspiration while the
substantive provisions of our civil and criminal law are derived from the French Civil
Code (amended over many years to suit the Mauritian context), the Penal Code or
the Code of Commerce. Our Public Law is the English inspiration and the judicialsystem in Mauritius remains largely inspired by British tradition which are advocate
the adversarial system of litigation of law. The law relating borrowed from English law
but also from several commonwealth and the former commonwealth jurisdictions
including India or New Zealand. In spite of its origins, Mauritian Law ceased over the
years to be partly English and partly French but has developed into a significant body
of law with a philosophy, doctrine and the jurisprudence of its own .
MAURITIUS BUSINESS ENVIRONMENT
Mauritius is well served by business and telecommunications in development
infrastructure for doing business and is a dynamic economy the government actively
interested to motivate foreign investment and offshore activity through the Board of
Investment.
MAURITIUS FREE TRADE ZONES
N.B. many of the benefits of the EPZs are being phased out as part of a tax reform
programmed aimed at unifying and simplifying the Mauritian tax regime for doing
The Mauritius Export Processing Zone (EPZ) was set up early in 1970, and has
become one of the country's biggest centers for employment, particularly in the
garment manufacturing trade of Mauritius. The EPZ is meant for the manufacturers
and food processors who are export 100% of their output of product, although
permission is sometimes available for 10-20% of output to be sold locally in Mauritius
to gain more profit.
LABOR LAWS AND LEGAL ENVIRONMENT OF MAURITIUS :
Labor laws and social security system
Legal environment in India
Business regulations
Commercial laws and tax system
Foreign investment regulation
European investors in India
FOREIGN INVESTMENT REGULATIONS
India‟s present policy framework for inward FDI was introduced by the Industrial
Policy Statement of July 24, 1991. The framework has subsequently included and
enlarged in line with reforms and structural developments in the economy. The
present policy allows foreign investor to invest in resident entities through either the
automatic route or the government-administered routes.
FDI PROCEDURES AT THE FEDERAL LEVEL
Approval for FDI is granted through the automatic route (which does not
require for pre-approval from the government) or government approval
(through the Foreign Investment Promotion Board-FIPB)
In case of automatic approval, investors are required to notify the concernedregional office of the Reserve Bank of India (RBI) within 30 days of receipt
of inward remittance and file require for documents with that office within 30
days of issue of shares to foreign investors in country. Under the government
approval route for investment.
FDI proposal received by the Department of Economic Affairs (DEA),
Ministry of Finance (MOF) .However proposals from nonresident residents
and single brand retailing are received by Department of Industrial Policy &
Promotion (DIPP), Ministry of Commerce & Industry (MOCI) for India.
Article 309 of the Constitution which occurs in chapter 1 of Part XIV deals with the
recruitment and conditions of service of persons serving the Union or a State of country. It empower the appropriate Legislature to regulate the recruitment and
conditions of service of persons appointed to public services and post in connection
with the affairs of the Union or of any State in the country.
Six essential sources of law of India
Customs
Religion
Judicial Decisions
Scientific commentaries
Equity Legislation
LEGAL SYSTEM
The Republic of Mauritius (“Mauritius”) obtained its independence from Great Britain
in 1968 and republic in 1992. Mauritius was maintaining the membership to the
Commonwealth after its accession to the status of republic. A statement on judicial
review of legislative acts is also included for a number of countries. The entry
provides the description of a country's legal system. The legal systems of allcountries are generally modelled upon elements of five main types: civil law
(including Napoleonic Code, Roman law, French law, Spanish law, and Roman-
Dutch law), common law (including United State laws), customary law, mixed or
pluralistic law and religious law (including Islamic law). Other type of legal systems -
international law, the conduct of independent nations in their relationships with one
another - is addressed below. The list describes these legal systems, the world or
countries‟ different regions where these systems are enforced and brief statements
on the origins and major features of each. Mauritius has a „hybrid‟ legal system;
combining both the civil and common law practices. Its legal systems are governed
by principles derived both from the French Code Napoleon and the British commonlaws. The Supreme Court of Mauritius is the superior court of the island, having
various jurisdictions to hear and determine any civil or criminal proceedings under
any law other than a disciplinary law and such jurisdiction and powers as may be
conferred upon it by the Constitution or any other law
Three heritages form the bases of a major of the legal systems of the world.
- Common law
- Civil or code law
- Islamic law
-
COMMON LAW
A type of legal system often synonymous with "English common law," which is the
system of a England and a Wales in the UK and is also in forces in approximately 80
countries formerly part of or influenced by the former British Empires. Englishcommon laws reflects Biblical influences as well as remnants of law systems
imposed by early conquerors including the Anglo-Saxons, Romans and Normans.
Some legal scholars attribute the formation of the English common law system to
King Henry II (r.1154-1189). Until the time of his reigns, laws customary among
England's various manorial and ecclesiastical (church) jurisdictions were
administered locally.
ISLAMIC LAW
The most widespread type of religious laws, it is the legal system enforced in over 30
contrary and particularly in the Near East, but also in Africa, Indonesia, Central and
South Asia. In many countries Islamic law operates in tandem with a civil law
systems. Islamic law is embodied in the sharias, an Arabic word meaning "the right
path." Sharia cover all aspects of public and private life and organizes them into five
category: obligatory, recommended, permitted, disliked, and forbiddens.
NAPOLEONIC CIVIL CODE
A type of civil law referred to as the Civil Code or Code Civil des Francais and the
forms of the legal systems of France, and underpins the legal system of Lebanon,
Poland, Bolivia, Egypt, and the US state of Louisiana‟s. The Civil Code was
established under Napoleon I was enacted in 1804 and officially designated the Code
Napoleon in 1807. This legal system was combined the Teutonic civil law tradition of
the northern provinces of France with the Roman law tradition of the southern and
Mauritius has a single-structured judicial system consisting of two parts- the Supreme
Court and the subordinate Court. The Courts consist of the District Court, Rodrigues
Court Intermediate Court and Industrial Court whilst the Supreme Court has various
divisions exercising jurisdiction as the Bankruptcy Courts, the first instance inCriminal and civil matter, the Court of Appeal (to determine civil and criminal appeals
from the decisions of the Court), the Courts of Civil and Criminal Appeal (to
determine appeals from the decisions of the Supreme Court sitting as Court of first
instance).
SUPREME COURT
The Supreme Court is composed of the Chief Justice, Senior and Fourteen Puisne
Judges. The Judges are also Judge of the Court of Civil and Criminal Appeals. It is a
superior Court of Record and has unlimited jurisdiction to hear and determine anycivil and criminal proceedings and has the same original jurisdiction as the High
Court in England. It is the highest judicial authority in the country and is vested with
all the powers and jurisdiction necessary to administer the laws of Mauritius. It is
vested all the necessary power and authority to exercise its equitable jurisdiction as a
Courts of Equity. The Supreme Courts also exercises supervisory jurisdiction over
the subordinate Courts in order to ensure that justice is duly administered by any
such Court.
TYPES OF LAW
CORPORATE LAW
Our firm advises on all aspects of corporate laws. We provide assistance on the most
appropriate and tax effective structure of a company and attend to all legal matters
which may affect by near or far, the company‟s business affairs.
INTELLECTUAL PROPERTY
Intellectual Property is an area which has proactively evolved in Mauritius during the
last decade to keep pace with international developments and the needs of emerging
technology. Mauritius has signed and ratified various Conventions and Agreements
relating to the protection of Industrial Property Righet.
LABOUR AND EMPLOYMENT LAW
Employment law issues arise at any time and at all staff levels of a company‟s
structures. Our firm regularly assists clients by drafting tailor made employment
contract. We also provide assistance on industrial relations matters involving
negotiation, disciplinary hearing or court representation in the event of litigation
The Republic of Mauritius are a parliamentary democracy modeled on the
British systems. The separation of powers among the three branches of the
Governments, namely the Legislatives, the Executive and the Judiciary was
embedded in the Constitutions. The President is the Head of State while the
Prime Minister has full executive power and is the Head of Governments. The
National Assembly comprises seventy Member, out of which sixty-two are
elected every five years during parliamentary election. Eight are chosen
according to best-loser systems.
COMMERCE AND INDUSTRY: MAIN LEGISLATIONS BY SECTORS
A. LAWS APPLICABLE TO ALL SECTORS:
COMPANY AND BUSINESS LAWS
USLegal.com states that "business laws encompasses the law governing contracts,
sales, commercial papers, agency and employment laws, property, and bailments
and business organizations."
TAXATION LAWS
In the United States, Congress makes all federal laws, including taxation laws.
State legislatures make all state laws, including state taxation laws. If
authorized by the state constitution and/or the state legislature, local
government bodies
TRADE AND CONSUMER PROTECTION LAWS
The consumer law was designed to assist us as consumer's from being taken byorganizations who may try to sell us faulty products that may not works properly, over
priced or any others deficiencies that may be evident.
PROPERTY LAWS
Laws created by governments in regard to how individuals can controls, benefit from
and transfer property. Economics theory contends that government enforcement of
strong property rights is a determinant regarding the level of economic success seen