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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 regula ting 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 year 1918. Since then, a large number of unions emerged in almost all the industrial centres of the country. Unions are organizations that represent employee at work. Their goal is to improve and protect the wages of people and working conditions Unions exist because each worker has very little power to influence the decisions that are made about his work Trade union represents the worker who does a particular job or work in a particular area as its Company name. The main benefits of trade union Negotiation Representation Information 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 union congress party and formed the congress leaders like Nehru and Patel INTUC were involved. The All Indian trade union congress is the first trade union communist party in India.

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 constituents assembly of Bombay. And was the founding general secretary Mrinal Kanti Bose, former president of AITUC Bengal. 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 Unions 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 Congress Confederation 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 and catering. 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, including the Mauritius of Industry and Commerce, the Mauritius Export, the State Investment Corporation and the Mauritius Ports Authority.

A union can be saved if the union's executive committee is made strictly according to the provisions of the law. Most of "collecti ve bargaining" agreements run quietly and quickly accessible by the union and the employer. From time to time disagreements occur and the two sides cannot take on. In these cases, the union leader and other workers may decide to take action syndicale.

Unions are democratic organizations that are accountable to their members for their policies and actions. Unions are usually modelled on the following structure: Members Stewards Branches Districts and/or regional office National office Each union member pays a subscription. The amount varies from one union to another and is normally set at different levels depending on how much people earn. It is usually between 5 and 8 per month. Some unions to reduce costs for members unemployed. Strength of Trade union Development of a strong base The elimination of political influence From a trade union is an industry Internal leadership development Financial stability Weakness of Trade union Uneven growth Open-ended Outside leadership Financial problem Multiplicity of union
Trade unions have some strength and some weakness.

In 2003, union business membership in other country, estimated from the Labour Survey, was 7.42 million Euros. The proportion of all employees who were union members was 29.1%. These are overall figures, but union membership varies greatly by industry and the types of jobs that people do.

There is also evidence that the decline in unionization is slowing. The TUC has launched a major recruitment campaign called "New Unionism Organizing for Growth" and many unions are stepping up their efforts to recruit new industries and jobs. Increasingly turn to unions because they want protection they can offer.

The World Trade Organization (WTO) is an international trade institution. The WTO superseded the GATT and Mittal. The GATT was a provisional, multilateral agreement governing international trade from 1947 until January 1, 1995. The establishment of the WTO was negotiated in the last GATT round, the Uruguay Round. The WTO hereditary a number of core principles after the GATT. These ethics include. The Project Describes all about the World Trade Organization (WTO), Introduction its in the World Economy, the ugly Objectives for the Organization, Functions That Operates, EXIM Trade Policies, Scenarios and occurred with the formation of India Before WTO & the Benefits Gained by India from the organization. The topic discussed Principals in this project HAS long history with India as one of the Powerful member committed to it. Following the Uruguay Round Arrangement, General Agreement on Tariff and Trade (GATT) was converted from a provisional agreement into a Formal Organization known today as the World Trade Administration (WTO), with result from January 1-1995. Nearbywere 128 member nations in 1995, Which HAS Increased to 157, with India as one of the major member. The Secretariat of the WTO is based in Geneva, Switzerland. Salon the current status WTO now accounts for about 97 per cent of international trade.

Non-discrimination, which in practice means clustering two things. The first principle is MFN - Most Favoured Nation treatment. Any trade concession nation offers to single member, it necessity offer to all. The second principle is nation-wide treatment. This earnings clustering That imported products must be Treated the same as domestic goods. Reciprocity of Trade Concessions. Trade Liberalization. Transparency and predictability in import and export rules and regalements. Positivebehaviour to less Developed Countries.

Although built on the legacy GATT, the Uruguay Round and WTO Many new issues and added features. To begin with, many older agreements wereMittal by new, stronger arrangements. For example, Agreement on Fabrics and Clothing, established a time-table to liberalize textile trade, while the

Agreement on Sanitary and Phytosanitary Measures, established a more transparent trade in agricultural diet for goods and plant and animal health Ensures standards are followed. The WTO abuse broke new ground, Adding a number of trade issues and Sectors Addressed by the GATT not: The General Agreement on Trade in Services (GATS) adds services. Trade in Intellectual Property Rights (TRIPs) adds copyrights, trademarks and patents. Trade Related Investment Measures (TRIMs) sets rules for Foreign Direct Investment. Government Procurement (GPA) & the Information Technology (ITA) International agreements aussi rules on new product areas.

These new agreements are ambitious from the rule governing additions to the world trading system. However, at this workshop there are significant enforcement problems and loopholes thatnumerous countries use to evade their obligations. It is not yet clear if thesis agreements will profit the U.S. in the extended run. The WTO differs from the GATT not only in scope, purpose in institutional functioning. The WTO Has Two significant functions GATT did not. First, the WTO Trade Policy Review HAS Mechanism. This process has Periodically Accesses country's Trade Policies and notes any exchange. It is a nonjudgmental, non-confrontational process. More controversial is the Dispute Settlement Body and its argument settlement boards. These plates,collected of economists, pointer down binding Rulings in trade disputes. Have several boxes already gone in contradiction of the U.S., raising Worries Among some Americans les WTO is corroding U.S. rule. As the ecosphere's largest economy and ship market, however, the U.S. Preserves considerable impact on the shape of the world trading system. The WTO currently HAS 132 members and 31 nations are actively seeking to join. The U.S. plays significant role in all year accession negotiations; Ensuring That U.S. economic interest Represented are well.

TRADE & INEQUALITIES


Where trade HAS Contributed to Increased inequality, it HAS Generally Being minor impact to others factoring, most is notably Technological Change. STRUCTURAL ADJUSTMENT & TRADE If Trade Reforms are introduced, economic exchange needs to be made. Import-competing FIRMS APPEAR to adjust by Reducing mark-offs Increasing efficiency & Reducing Often by firm size. TRADE & POVERTY One of the biggest challenges facing the world community is to address how to poverty.

INDIA AND THE WTO


During the period under review, India continued to reap benefits HAS from the process of structural reform and Trade Liberalization Initiated in the early 1990s. This Contributed to the high GDP growth rates Reached, the resilience of the Indian bargain to the global financial crisis, and the expansion of exports and imports Both. Responded India to the global crisis by Implementing large stimulus package consistent year of Increased spending, lower excise and customs duties, and supporting measures. Reflecting India's shift Towards lower tariffs, the average MFN tariff rate single Declined to 12% in 2010/11, from 15.1% in 2006/07.

Actively India uses trade policy, sometimes as instrument to Attain its year long-term goals, Such as Promoting economic growth overall, gold Fostering industrialization, development, or self-reliance. India at AIMS providing a stable trade policy environment to Attain thesis goals. In some circumstances, however, makes use of aussi India trade policy instruments to Attain short-term objective, Containing inflation Such as, Which may detract from the stability Sought Somewhat, as this Requires constant fine tuning of policies, rendering the trade more complex diet Creating and additional costs.

(1)ECONOMIC ENVIRONMENT
The Indian economy continued to expand at a fast pace falling on the review period, the mild slowdown DESPITE Caused by the global financial crisis in 2008/09. Annual real GDP growth Be around over 8.4% Between 2006/07 and 2010/11, supported by strong domestic demand Primarily. Particularly strong growth was in 2006/07 and 2007/08, Exceeding 9%, driven by private investment and Mainly consumption. In the wake of the global financial disaster, growth was driven by Administration Spending. In this respect, to face the financial crunch, the Government Showed a very proactive policy, Introducing a broad stimulus package of consistant Increased spending, lower excise and customs duties, et subventions. However, as inflation started to accelerate growth and Strengthened, the Government reversed some of thesis stimulus measures. GDP growth at 2004/05 prices market Reached 10.1% at year annual rate in April-December 2010. Growing has-been led by facilities and manufacturing, with farming growing ample more slowly. India's growing prospects REMAIN stout, as potential GDP growth has-beens Assessed at Between 8% and 8.5%. However, non-inflationary growth Sustained will require Addressing bottlenecks and investing in infrastructure and education. It will need the aussi simplification of the business environment by Eliminating overregulation, Defining and more transparent trade and investment regimes.

(2)TRADE ALSO INVESTMENT POLICY FRAMEWORK


India is an original Member of the WTO and at least MFN treatment Provides to all Members and other exchange partners. India putative the Fourth and Fifth Protocols and is a Member of the Information Technology Agreement. India is a sturdy advocate of the multidimensional trading system and historically HASbeens party to few local agreements. However, DESPITE India's misgivings, regionalism increasingly HASBecome an element of overall trade policy objective icts of enhanced market access for exports. This is Evidenced by the preferential agreements it signed seven falling on the period under review and the negotiation of other agreements. India's trade policy objective icts are Stipulated in Foreign Trade Policy (FTP), Which is Issued every five years, revised goal Periodically, through the Issuance of notifications, to take into account internal and external factors. Icts in FTP 2004-09, India highlighted the need to expand trade, location two purposes: to double India's share of global merchandise trade Inside five years, and to use trade development as

a policy to Promote economic growth and employment group. In the context of the global disaster, India HAS Sought to arrest and reverse the trend of exports and Declining to Provide additional supporting Especially to the Sectors badly hit by the global recession, as Asserted in the FTP 2009-14.

(3) TRADE POLICY BY MEASURE


India HAS continued to streamline customs procedures and trade facilitation Implement measures. An electronic system for customs clearance and has-beens Introduced a risk management system is in place to selectively screen high-risk cargo and medium-customs for examination. DESPITE the thesis of implementation measures, India's import complex diet Remains, Especially icts licensing and permit system, and Its tariff structure, Which HAS multiple exemptions, with rates varying salon product, user or specific export p romotional program.

(4) TRADE POLICIES BY SECTOR


The structure of India's economy HAS not changed significantly since 2007. The services sector, Which was the MOST dynamic sector falling on the review period, continued to be the Largest contributor to GD P and HAS Exhibited resilience to the negative effects of the global crisis. The share of the manufacturing sector in GDP Declined: slightly HAS, HAS and so agriculture. Agriculture has-beens characterise by low productivity and modest growth rates. Its contribution to GDP Declined from 18.1% to 16.6% in 2006/07-2009/10. However, DESPITE this decline in ictus relative share, agriculture continued to be the mainstay of the majority of the population, occupying some 52% of the total workforce (Including nonorganized labour), the sector arsis critical for achieving the Government's objective of food security and price stability. Due to strategic importance acts, India considers it Necessary to Maintain this sector offers protection and tariff protection Greater than to others. Average tariff protection for agriculture (33.2%) Remains, Therefore, Substantially Higher Than for manufactured goods (8.9%).

MAURITIUS & THE WTO


Since independence in 1968, Mauritius has enjoyed strong HAS pluralistic democratic system and human rights record a sound. It is now leading an open and constructive dialogue with stakeholders on governance issues, civil society and Its Including main development partners. The Government Remains Committed to further Top improvements in governance as reflected in the broad governance Commitments made in the context of the 2008-2013 European Commission - Republic of Mauritius Country Strategy Paper (CSP). Mauritius HAS maintained good and friendly relationships with neighbours and regional its has-been active in peace initiatives and conflict resolution in the region. Significant benefits from Mauritius Sees Increased regional trade and supports year of rapid regional integration agenda. It aspires to a fully effective FTA encompassing COMESA and SADC. Mauritius is Negotiating the establishment of an Economic Partnership Agreement (EPA) with the EU as a member of the ESA group. Mauritius arsisadvocating a fully effective FTA with Both the ESA and the EU group, to Ensure Compliance with WTO provisions.

Economic and social achievements in Mauritius Have been impressive by regional an international standard. With an average growth rate of around 6% over the past three years, overall living standards of the population and the Have Significantly Improved country is well on track to reach the Millennium Development Goals before 2015. With trade liberalization Pressures and the loss of preferential access to export markets, coupled with soaring oil prices and domestic structural Weaknesses inherent, the average annual GDP growth dropped to 4% HAS in the period 2001-2005. With limited natural resources, constraints from its resulting and small size, and isolation from main markets, Mauritius needs to urgently redress its macro-economic fundamentals, the education and exercise system, and the Enabling business environment to unleash high-value-added growth.

CHALLENGES FACED AND OUTCOMES


Mauritius is situated at a considerable distance from international markets with significant purchasing power. Transportation Costs are onerous and market development can be expensive. The country benefited importantly HAS past thirty years over the preferential arrangements for sugar from Purchases by the EC as well as from the fait que the quota restraint system for international trade in textiles and apparel Helped to create a significant garment producing industry on the island. Basis for the purpose thesis longstanding arrangements is subject to challenge, and the Mauritian government Both the business community and accepted the fait que Have Eventual change is inevitable and That New routes to economic prosperity need to be Explored and Developed.

TEXTILE AND CLOTHING PRODUCTS A combination of late 1970s Developments in the early 1980s and gave rise to the establishment of a significant textile and clothing industry in Mauritius. Incentives under export processing area year scheme combined with visarelated enticements to Hong Kong -based entrepreneurs fearful at the time of reintegration with China and the existence of quota allocation possibilities led to rapid development of the export-oriented sector.

FINANCIAL SERVICES Recognizing That rising income levels and a more well-educated populace Would create a demand for more employment in white -collar service industries, the government and the private sector Have collaborated to create very Effectively year environment in Mauritius HAS Which allowed the financial services sector to Become a Major and prosper and growing share of the island's economy. The concept and Supporting legislation for offshore banking Were Introduced in 1991, Supplemented by lower tax rates for Particular Types of bank. ALTERNATIVE AGRICULTURAL ACTIVITIES With sugar in a position of long-term decline, business and government in Mauritius are discussing and experimenting with alternative agricultural activities. Although agriculture is unlikely to form a major share of the Mauritian economy of the future, a number of initiatives are Currently Being Explored in Sectors That Seem to offer so me promise.

(1) THE ECONOMIC ENVIRONMENT


Relatively diversified Mauritius HAS economy based on traditional oven its pillars: sugar, textiles plus clothing, tourism, financial services. This structure is the heritage of preferential access to some key markets, as well as the incentive schemes (mainly the Export Processing Zone (EPZ) Scheme) Aimed at export-oriented manufacturing. This, calm with fairly high safety Granted to Companies Producing for the domestic market, economy annually HAD created with items of duality. This diet has-beens economic challenged by what is known in Mauritius as the "triple shock", ie preference erosion multilateral Following Liberalization of trade in textile and clothing items, and the reform of the EC sugar regime, and the rising worldwide oil prices. In response, Mauritius has undertaken bold Reforms Aimed at Liberalizing acts trade regime, Malthus dismantling the dualism and boosting competitive. The Reforms amuse aim to transform Mauritius into a duty-free island.

(2) INSTITUTIONAL FRAMEWORK


The Constitution is the supreme law of the Republic of Mauritius, Surveyed by Acts of Parliament, and subordinate legislation (regalement, rules and orders). Treaties, Including the WTO Agreements, must be enacted into law to domestic Have standing before state courts. The law-making process in Mauritius is subject to some delays: Already several laws being prepared Release at the time of the previous Trade Policy Review of Mauritius in 2009, not yet ADOPTED beenbeforeimplemented. This legislature includes, inter alia, anti-dumping, countervailing and Protection Measures, competition, and veterinary services, some laws on intellectual property rights, ADOPTED in 2011, are still not Practical, and the Herbal Breeders Rights Bill Drafted i n 2003, HAS not yet ADOPTED been.

(3) TRADE POLICY INSTRUMENTS


Mauritius HAS bound 15.7% of all tariff lines its, at a ceiling rate of 65% on some tariff lines of 1.6% for non-agricultural products, and at ceiling rates ranging from 37% to 122% for all agricultural tariff lines (WTO definition ). Other duties and charges (ODCs) are bound at 17% on all products subject to a tariff binding commitment, with the exception of frozen boneless beef meat, milk and cream, administered cheese, stones potatoes, peas, maize, and printed matter, we Which They are bound at zero. However, the cess of MUR 0.20 per kg and the 20% Tea Board fee, levied on imports of tea, bound

together Exceed the level of ODCs on this product. The imposition of tariffs and ODCs has-been reformed in accordance with the MFN to national treatment and principles of the WTO. In 2009, Mauritius Eliminated the differentiation in tariff rates DEPENDING on the source of imports ("scheduled", ie Commonwealth and some major trading associates, and "non-scheduled" terrains, ie other countries).

(4)SECTORAL TRADE POLICIES


Mauritius is a net-food-importing country. Agriculture (Mainly consistent of sugar production) continued to be significant year in terms of sector share in exports and acts on account of linkages with other Sectors its. In the light of decreasing prices on sugar, Mauritius' main export marketplace, a new plan has-been ADOPTED to restructure the industry and long-term its Ensure viability, while promoting alternative goods related to cane production. But, conversion of agricultural land to non-agricultural land is subject (with some exceptions) to a Land Conversion Permit and payment of land conversion tax. Exemptions from the tax are land conversion can when the has-beens Granted permit for the building or setting-up, bury alia, of industrial estates, business parks, shopping malls, knowledge parks, hostels, golf courses, health institutions, or year agree- based activity. An attempt is made to transform arsis Being Mauritius into a seafood hub by Developing valueadded seafood and fisheries-related activities.

FUNDAMENTALS OF LAW
Mauritius is a member of 1958 New York Convention on the Recognition of Foreign Arbitral Awards which are render the place of an arbitral proceeding more likable in Mauritius and which also contributes to positioning the MCCI Arbitration Court as the main centre in the region of Mauritius.

LEGAL ENVIRONMENT IN INDIA


Intellectual property protection Act:Before joining the WTO, India recognized only the following forms of intellectual property as under: Patents Trade Marks Copyrights Industrial Designs

Agreement on the Trade Related aspects of the Intellectual Property Rights (TRIPS) required India to enact the new legislation in the respect of Geographical Indications of Goods and Integrated Circuits and Industrial Secrets for company, besides effecting the significant changes in the existing laws on the Patents, Trademarks and Copyrights. India has now put in the place new laws extending intellectual property rights to all the convention countries on the most favored nation (MFN) basis.

BUSINESS REGULATIONS
Indias business regulatory environment covers all aspects of the trade, industrial activity, taxes, foreign import export, competition, intellectual property and social security. India administers policy regulations and procedures for a system of notifications, which requires interested persons to the continually keep track of the latest amendments applying to their business interests.

FOREIGN EXCHANGE REGULATIONS


Liberalization of trade and investment policies in the 1990s has progressively seen India move Toward the liberalizing its foreign exchange regulations. Foreign exchange related regulations are Embodied in the Foreign Exchange Management Act (FEMA) of country, which has progressively in the Simplified foreign exchange transactions:

INDUSTRIAL LICENSING REGULATIONS


Indias New Industrial Policy (first announced in 1991 and modified several times subsequently) monitors certain types of industrial activities through compulsory licensing.

TRADE REGULATIONS
Simplification of export-import regulations has been a highlight of Indias reform process, especially in the post WTO period. Indias current trade regulations consist of import and export.

IMPORT RESTRICTIONS
Prohibited items like tallow, animal fats etc Restricted items-which can be imported against a specific import license or by special notifications and special permissions. Restrictions may be on account of phytosanitary considerations for propagating materials (seeds, cuttings). or on grounds of no essentiality such as alcoholic spirits, and certain types of consumer goods.

EXPORT RESTRICTIONS
Exports categories of goods is freely allowed and encouraged, except for the following: Prohibited items on the religious grounds (beef for example) or environmental and bioconservation 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 judicial system 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 business.

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


Indias 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 concerned regional 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.

INDIAN LEGAL SYSTEM


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 all countries are generally modelled upon elements of five main types: civil law (including Napoleonic Code, Roman law, French law, Spanish law, and RomanDutch 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 common laws. 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

BASES FOR LEGAL SYSTEMS


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. English common 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 Louisianas. 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 eastern regions of the countries.

JUDICIAL SYSTEM OF MAURITIUS


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 in Criminal 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 any civil 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 companys 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 com panys 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

LEGAL ENVIRONMENT BY SECTOR 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 by organizations 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 in the area.

EMPLOYMENT LAW
Employment law, also known as labour laws, covers a broad spectrum of issues and problems that may arise from the employer-employee relationships, including current and former employees and job applicant. When employment arises as a result of a valid contract between an employer and employees, state law alone may apply

COMMUNICATIONS AND MEDIA LAW

Communications & Media Laws encompasses laws regulating radio and TV broadcasting to assure satisfactory service and to prevent chaos. B. MAIN LAWS BY SECTOR COMMERCE AND MANUFACTURING
The MCCI, established in 1850, is the oldest non-profit making institution representing the private sector in Mauritiuss. W ith the increase in the island volume of trade during the first decades of British administrations, the Mauritian business community felt the need for a formal representational and arbitration framework to foster the interests of the trading community and to settle disputes and conflicts arising in trade-related activities

INFORMATION AND COMMUNICATION TECHNOLOGY


The law relating to information technology and communication is relatively new and the state of development. Information and Communications Technology Laws are the most detailed and most up-to-date publication covering the law relating to information and communications technology and provides a thorough understanding of the law with reference to legislations, case law and common law.

LAW RELATED WITH FINANCIAL SERVICES SECTORS The Legal Departments makes available two types of services: 1.Theinformation regarding the legal and administrative aspects of business undertakings in Mauritius, intellectual property rights, in particular company law, , laws related to business environments, and to fair competition and trading practices.
2. an efficient settlement of trade dispute mechanism with the setting up of a Permanent Court of Arbitrationwhich offers the following advantages

C. OTHERS LAWS OF GENERAL APPLICATION


Constitutional law Constitution of Mauritius Human Rights Protection of Human Rights Act 1998 Litigation and court procedure Courts Act Code de ProcdureCivile Administrative / Public Law Civil Status Act Mauritius Citizenship Act Passport Act Public Procurement Act 2006 (Act No. 33 Of 2006)

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