- Is amended by Employment (Amendment) Act, 2016
- Is amended by Employment (Amendment) Act, 2020
- Is amended by Employment (Amendment) Act, 2021
- Is amended by Employment (Amendment) Act, 2022
- Commenced on 3 April 1995
- [This is the version of this document as it was from 16 September 2021 to 11 October 2022.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by Employment (Amendment) Act, 2016 (Act 24 of 2016) on 29 December 2016]
- [Amended by Employment (Amendment) Act, 2020 (Act 20 of 2020) on 1 June 2020]
- [Amended by Employment (Amendment) Act, 2021 (Act 38 of 2021) on 16 September 2021]
Part I – Preliminary
1. Short titleThis Act may be cited as the Employment Act.
2. InterpretationIn this Act—"allowance" means a wage payable to a trainee;"business" means any trade, industry or commercial activity, service or any part thereof;"casual worker" means a person, engaged by the day and from day to day who is paid on a daily basis and whose engagement by one and the same employer does not exceed 21 consecutive days customary in the business in which the worker is engaged;"Chief Executive" means the person acting or discharging the functions of such office in the Ministry or, as the case may be, the Department responsible for the administration of this Act;"competent officer" in relation to nay matter under this Act means a person authorised by the Minister to act in respect of the matter and means also the Minister wherever the Minister thinks it fit to act in person in respect of any matter;"consecutive employment" means employment by the same employer for a minimum of 24 hours, or, irrespective of the period of work, a minimum of 3 days, a week;"continuous employment" means consecutive employment for an unlimited period;"domestic worker" means any person serving in, or attached as a worker to, a private household;"employer" means a person having a worker in the employ of that person or, where that person is absent from Seychelles, the accredited representative in Seychelles of that person, and, other than in Part III, means also the manager, agent or other responsible person acting on behalf of the employer;"employers’ organisation" means a trade union of employers registered under the Industrial Relations Act and includes a federation of such trade unions;"employment agency" means the business of providing services for the purpose of finding workers employment with employers or of supplying employers with workers for employment by them;"Employment Advisory Board" means the board established by the Minister under section 73;"Employment Service Bureau" means the Employment Service Bureau established under section 5;"fixed-term", in relation to a contract of employment and subject to section 19(2), means a term exceeding 21 days the period of which is expressed by reference either to its duration in time or to the duration of a specific scheme or project or of specific works;"fixed-term contract" means consecutive employment for a fixed term;"grievance procedure" means the procedure laid down in Part II of Schedule 1;"harassment" means any such unfriendly act, speech or gesture of one person towards another person that is based on the other person’s age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual orientation or political, trade union or other association, or otherwise, as would adversely affect the other person’s dignity or make that person feel threatened, humiliated or embarrassed;"mandatory wage" or "mandatory allowance" means the statutory mandatory wage or mandatory allowance, supplemented by any increment earned, prescribed in respect to the work, activity, or occupation in which a worker is engaged;"member" means a member of the Employment Tribunal;"Minister" means the Minister responsible for employment matters;"Ministry" means the Ministry responsible for employment matters;"national minimum wage" means the national minimum wage prescribed under section 40(2);"National Vocational Training Board" means the Board established by section 28;"Negotiation procedure" means the procedure laid down in Part I of Schedule 1."Outer island" means an island listed as such in Schedule 5;"part-time worker" means a worker other than a casual worker and other than a worker in continuous employment or engaged for a fixed term;"Piece work" means work the pay for which is determined by the amount of work performed irrespective of the time occupied in its performance;"retirement age" means the age at which a person qualified for a retirement pension under the Social Security Act;"Secretary" means the Secretary to the Tribunal;"Seychelles ship or aircraft" means a ship defined as a Seychelles ship in section 3 of the Merchant Shipping Act, or any aircraft registered in Seychelles under the Air Navigation (Overseas Territories) Order;"statutory" in relation to "wage" or "allowance" means a wage or allowance prescribed under section 40;"task" means the amount of work mutually agreed between employer and worker as being within the worker’s capacity in an ordinary working day;"trainee" means a person referred to in section 27;"Tribunal" means the Employment Tribunal established under section 73A;"Union" in relation to a worker means a trade union registered under the Industrial Relations Act of which the worker is a member;"wages" means the remuneration or earnings, however calculated, expressed in terms of money payable to a worker in respect to work done under the contract of employment of the worker but does not include payment for overtime work or other incidental purposes;"worker" means a person of the age 15 years and above in employment in Seychelles or on a Seychelles ship or aircraft or employed in Seychelles for service in an agency of the Government or diplomatic mission of Seychelles abroad and a trainee;"young person" means a person who is not less than 15 years and not more than 18 years of age;
3. Republic boundSubject to section 4(2), this Act binds the Republic.
4. Application of Act, exemptions and restriction of jurisdiction of Court
Part II – Employment Services Bureau and employment agencies
5. Employment Service Bureau
5A. Employers to notify Employment Services Bureau of vacanciesAn employer shall, whenever a vacancy occurs in the employer’s establishment notify that fact, and when such vacancy is filled, the fact that it has been filled, to the Employment Services Bureau.
6. Employment agencies to be licencedNo person shall carry on any employment agency unless the person is the holder of a licence granted under the Licences Act to carry on such an agency.
7. Licenced employment agency to be a body corporateAn employment agency shall, on the grant of a licence to carry on such an agency, be a body corporate.
8. Register of applicants seeking employment through an employment agency
9. Register of vacancies
11. Employers to advertise vacancies in certain circumstances
14. Rights of entry for examination and inquiryA competent officer may—
15. Regulations in respect of employment agenciesThe Minister may make such regulations as may be necessary or required for the proper functioning of an employment agency.
16. Self-employed workers
17. Job card
17A. Prohibition of employment of Seychellois without job cardsFrom and after the date of coming into operation of this section, no person shall employ a Seychellois who has not obtained a job card from the Employment Services Bureau.
18. Restriction on employment of non-Seychellois
Part III – Contracts of employment
19. Contracts of employment
20. Contracts by minorsNotwithstanding any written law, a contract of employment entered into by a young person and whereby the young person is, or is to be, employed is binding upon the young person if attested by the competent officer.
21. Written contracts generally
22. Contracts of employment (outer islands)
23. Detention of worker beyond period of outer island contractWhere a worker is detained on an outer island for a period of up to one month beyond the date of expiry of the contract of the worker, the contract is deemed to be extended for that period but after a month has elapsed, the obligation to work ends but the worker remains entitled to the pay stipulated under the contract and to all benefits thereunder until the worker returns to the home island of the worker or, where the home island is not Mahe, to Mahe.
24. ***[section 24 repealed]
25. Contracts for casual work
26. Language of contractsWritten contracts of employment under this Part shall be in English, French or Creole.
Part IV – Trainees
27. TraineesThe following persons are deemed to be trainees—
28. National Vocational Training Board
29. Premiums from trainees prohibited
30. Allowances for trainees and young workersA trainee shall be entitled to such allowances as the Minister may, by regulations, prescribed.
31. BenefitsSubject to section 33, trainees are entitled to the same conditions of employment as other workers and to any other additional benefits approved by the competent officer.
Part VA – Protection of wages
32. Payments of wages
33. Authorised deductions
34. Disposal of wages
35. Record of wage payments
36. Evidence of payment
37. Workers privileged creditorsNotwithstanding any other written law, privileges and rights in respect of wages of servants under Articles 2101, 2104 and 2105 of the Civil Code extend to—
38. Absconding employer
39. When wages not dueWhere a worker—
39A. Prohibition against deferment or reduction of wages
Part VB – Regulation of wages and conditions of employment
40. Regulations relating to wages and conditions of employment
41. Calculation of wages
42. Deduction for food or housing
43. Effect and enforcement of regulationsThe statutory wages prescribed under section 40(1)(a) and the conditions of employment prescribed under section 40(1)(b) are deemed to be part of every contract of employment to which they relate, whether the contract was entered into before or after the commencement of this Act save that—
44. ***[section 44 repealed]
45. Security for wagesThe competent officer may, where the officer deems it necessary, require an employer to give security for the payment of the wages of, and for the discharge of any other obligations which the employer may have or incur towards the workers engaged or to be engaged by the employer, the security to be in such form as the competent officer may demand or as may be prescribed.
46. Employment benefits
Part VI – Protection of employment
46A. Prevention of discrimination
46B. Harassment prohibitedAn employer shall not commit any act of harassment against a worker.
46C. Thirteenth month pay
47. Restriction on termination of contracts
48. Restriction on lay-offs of workers
49. Variation on terms of employment
50. Termination of contracts upon change of ownership
51. Redundancy of workers
51A. Restriction on lay-off and redundancy of a Seychellois workerAn employer shall not be allowed to temporarily lay off or make redundant a Seychellois worker, if the employer—
Part VII – Discipline
52. Disciplinary offences
53. Disciplinary proceedings
53A. Drunkenness while at work, etc.Where an employer has reasonable grounds to believe that a worker is under the influence of alcohol or a controlled drug, during working hours and is unfit to work, the employer may require the worker to take a breath test or to give a specimen of urine or blood for analysis in accordance with regulations made in that behalf. For the purpose of this section, "controlled drug" has the meaning assigned to it by section 2 of the Misuse of Drugs Act (Cap 133).
54. Disciplinary proceedings relating to criminal matters
55. Disciplinary measuresUpon proof of a disciplinary offence, the employer may take any one or more of the disciplinary measures listed in Part III of Schedule 2, but, upon the grievance procedure being initiated under section 53(5), the Tribunal may review such disciplinary measure and substitute another or none as the Tribunal deems fit.
Part VIII – Termination of contrcats
57. Termination by employer
58. Frustration of contracts
59. Period of notice by employerTermination under section 57(1) and (2) requires—
60. Termination by worker
61. Grievance procedure
62. Compensation upon terminationWhere—
62A. Compensation upon resignation or retirement
63. Payment in lieu of noticeWherever notice is required to be given under this Part, payment corresponding to the period of notice required or to such part of it as is not worked may be made in lieu.
63A. Interest payableWhere compensation is payable to a worker in respect of termination of employment under the provisions of this Part, interest on the amount of such compensation shall be payable at such rate as may be prescribed by the Minister, for the period between the date on which such compensation becomes payable and the date of actual payment. For the purpose of this section compensation becomes payable upon the determination of the competent officer, the ruling of the Minister or the Tribunal, as the case may be.
Part IX – Miscellaneous provisions
64. DisputesWherever a dispute, other than one for which the grievance procedure is expressly provided under other provisions of this Act, arises between employer and worker and internal dispute procedures, if any, have been exhausted without agreement, either party to the dispute may initiate the grievance procedure.
65. Appeals and reviews
66. Retirement age
67. Non-Seychellois workersNon-Seychellois workers, not exempt from the provisions of this Act, shall enjoy the same terms and conditions of employment as are applicable to Seychellois workers but may be given such additional benefits and privileges as the competent officer may authorise.
68. Employer to keep register of workersEvery employer shall keep a register of the workers and the register shall contain in respect of, each worker the following information:
69. Certificate of employmentAn employer shall, not more than 21 days after the date of the termination of a worker’s contract of employment, give to the worker a certificate of employment which shall contain such particulars as may be prescribed.
70. ProbationAn employer shall not employ a worker on probation—
70A.Notwithstanding any law, a worker may make a declaration stipulating that benefits arising out of the worker's employment with his employer and standing to the worker's credit with his employer on the date of the worker's death be paid or distributed by his employer upon the worker's death to beneficiaries designated by the worker in the declaration made by the worker.[section 70A inserted by section 5 of Act 38 of 2021]
71. RegulationsThe Minister may make regulations—
Part X – Administration
72. Responsibility for administration
72A. Tripartite consultative body
73. Employment Advisory Board
73A. Employment Tribunal
74. Competent offices and presumption of authority
75. Exercise of powers
Part XI – Offences, penalties and prosecution
79. Determination of competent officer conclusiveIn any proceedings for an offence under this Act which relate to an authority, approval, decision or determination of a competent officer, that authority, approval, decision or determination shall, subject to any orders made in the exercise of the supervisory jurisdiction of the Supreme Court, not be called in question and shall, if given under the hand of the Minister or Chief executive, be conclusive evidence of the same without proof being given of the signature of the signatory.
80. Employer’s liability for agents
Part XII – Transitional
81A. Suspension of negotiation procedure
History of this document
12 October 2022 amendment not yet applied
Amended by Employment (Amendment) Act, 2022
16 September 2021 this version
Amended by Employment (Amendment) Act, 2021
01 June 2020
29 December 2016
Amended by Employment (Amendment) Act, 2016
03 April 1995