Employment (Conditions of Employment) Regulations
Statutory Instrument 34 of 1991
- Commenced on 1 May 1991
- [This is the version of this document at 1 June 2020.]
- [Amended by Employment (Conditions of Employment)(Amendment) Regulations, 2015 (Statutory Instrument 26 of 2015) on 1 June 2015]
- [Amended by Employment (Conditions of Employment) (Amendment) Regulations, 2018 (Statutory Instrument 32 of 2018) on 14 May 2018]
- [Amended by Employment (Conditions of Employment) (Amendment) Regulations, 2019 (Statutory Instrument 63 of 2019) on 1 January 2020]
1. CitationThese Regulations may be cited as the Employment (Conditions of Employment) Regulations.
3. Maximum number of working hours
4. Rest periodAn employer shall grant to his worker at least 24 consecutive hours' rest in any period of 7 days. An employer shall also ensure that there is an interval of at least 8 consecutive hours between the end of a daily shift and the beginning of the next shift, provided that where a daily shift is divided into 2 parts the interval may be reduced proportionately.
6. Overtime hours
9. Annual leave
10. Compassionate leave
11. Education leave
12. Sick leave
12A.Where a worker’s child under 12 years of age is medically certified sick and a medical practitioner or official authorised by the Minister responsible for health recommends that the worker attends to the child, the worker is entitled to a maximum of 7 days’ sick leave independent of the worker’s own sick leave entitlement.[regulation 12A inserted by regulation 2(b) of SI 34 of 2019 w.e.f. 31 May 2019]
13. Unfitness for particular duties
14. Part-time workersA part-time worker is entitled to paid sick leave when he absents himself on grounds of sickness and produces a medical certificate or certificate of confinement, as the case may be, but such entitlement is limited to a number of working days’ absence which bears the same proportion to the period of paid sick leave referred to in regulation 12(1) as the number of days worked by the part-time worker in a week bears to 5 days.
15. Employee entitled to sickness benefitAn employer who pays sick leave under regulation 13 or maternity leave under regulation 16 or paternity leave under regulation 19A to a worker is subrogated in the rights of the worker to any sickness or maternity or paternity benefit to which the worker is entitled under the Social Security Act.[regulation 15 amended by regulation 2(a) of SI 26 of 2015 w.e.f. 1 June 2015]
16. Maternity leave
17. Notice to employerA pregnant worker shall give to her employer at least 3 months’ notice of her expected date of confinement.
18. Maternity leave compulsoryA female worker entitled to paid maternity leave shall not return to work before the end of her entitlement leave and an employer who permits or induces a female worker so to return is guilty of an offence.
19. Contract expiringWhere a female worker fails to return to work after the full period of maternity leave allowed under regulation 16(1) then, unless she produces a medical certificate under regulation 16(2), the contract of employment is deemed to have been terminated by her.
19A. Paternity Leave
20. Leave for civic dutiesA worker shall be entitled to an aggregate maximum of 14 days’ paid leave in any period of 12 months for the purpose of fulfilling or in connection with any civic duties approved by the Minister.
21. Minimum employment ageA person shall not have in that person’s employ another of less than 15 years of age.
22. Prohibited employment of young persons
23. Maternity protection
24. Calculation of wages and compensation
25. OffencesAn employer who contravenes regulation 21, 22(1), (2) or (3) or 23(1) is guilty of an offence.
26. Employment without contract prohibitedAn employer, or a manager or representative of an employer, on an outer island who employs a worker on an outer island without there being a contract of employment with that worker in accordance with section 22 of the Act is guilty of an offence and liable to a fine of R.20,000.
27. Advances to worker entering into contract
28. Free transport and food
29. Medical examination of worker and family
30. Breach of contract by worker
31. Shop on outer island
32. Directions by competent officerThe competent officer may give to an employer keeping a shop under regulation 31(2) directions—
33. Invoices upon purchases
34. Housing and water supply
35. Medical facilities and care
36. Death of workerWhere a worker dies during his period of employment on an outer island, the employer shall as soon as possible give notice thereof to the competent officer together with a written report of the circumstances in which the worker died, and shall pay all wages due and deliver all property belonging to the deceased worker to the competent officer for distribution in accordance with the law.
37. Manner of payment of wages and pay-slips
38. Task work on outer islandAn employer may assign task work to a worker employed by him on an outer island but such task work shall not exceed the amount of work capable of being performed in an ordinary day of 8 hours.
39. Visits of competent officer
40. Registration of grievancesWhere a worker on an outer island is empowered by the Act to initiate the grievance procedure and it is impracticable for him to register the grievance within the time limit set out in paragraph 2(1) of Part II of Schedule 1 to the Act, he may register the grievance within 14 days after his return from the outer island.
41. DefinitionIn regulations 28, 29, 31 and 33 to 35 references to “members of a worker’s family”, “members of his family” or “family” are construed as references to the person cohabiting with the worker and to the worker’s or their children normally living with the worker.
43. Transport and uniformWhere transport or uniforms are provided, no deduction shall be allowed therefore, if such deduction would result in the worker receiving less than the national minimum wage.
45. Record card
46. Period of training
47. Trainee’s allowance
48. Young worker’s allowance
48A. InterestThe rate of interest for the purpose of section 63A of the Act shall be the maximum lending rate of interest prescribed by the Central Bank of Seychelles prevailing on the day that compensation becomes payable under that section.
49. OffencesAn employer in breach of a regulation for which no offence is specified under these Regulations is guilty of an offence.
50. PenaltiesA person guilty of an offence under these Regulations is liable, where no other penalty is provided, to a fine of not less than R.1000 and not more than R.10,000, and in the case of a continuing offence, to an additional penalty of R200 in respect of each day that the regulation is contravened.
History of this document
01 January 2020
14 May 2018
01 June 2015
01 May 1991