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Employment (Wage Increase) Regulations, 2010 (Statutory Instrument 46 of 2010)

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This is the latest version of this legislation commenced on 01 Jun 2020.

Seychelles

Employment Act

Employment (Wage Increase) Regulations, 2010

Statutory Instrument 46 of 2010

  • Commenced on 1 July 2011

  • [This is the version of this document at 1 June 2020.]

[SI. 46 of 2010; SI. 100 of 2010]

1.

This Regulations may be cited as the Employment (Wage Increase) Regulations, 2010, and shall come into operation on 1st July, 2011.

2.

With effect from 30th June 2010, employers shall pay every worker who is in employment on that date a wage that is increased in accordance with these Regulations.

3.

(1)The formula of the increased wage of an employee shall be the gross wage + 20% except in the case of the following categories of employees in respect of which the formula is individually specified—
(a)a person employed as a Domestic Worker as defined under the Income and Non-Monetary Benefits Tax Act, 2010: Gross Wage per month + SR50.00;
(b)a person employed as a Day Care Worker as defined under the Income and Non-Monetary Benefits Tax Act, 2010 is the lower of:
(i)Gross Wage per month + SR100; or
(ii)Gross Wage per month or part thereof + 10% of such wage or part;
(c)A person employed by a Farming Entity in possession of a Certificate granted under the Agriculture and Fisheries (Incentives) Act, 2005: Gross Wage per month + SR100;
(d)A person employed by a Boat Owner in possession of a Certificate granted under the Agriculture and Fisheries (Incentives) Act, 2005—Gross Wage per month + SR100
(e)A non-Seychellois employee—Gross Wage per month + 5.88% thereof.
(2)For the purpose of these Regulations, “Gross Wage” means any cash remuneration received by an employed person.

4.

Notwithstanding regulations 3, the increase shall not apply in the case of a person whose wage was exempt from the payment of both the Social Security Fund employer and employee contribution as at 30th June, 2010 and whose emolument continues to be exempted from liability to tax in accordance with Schedule 2 of the Income and Non-Monetary Benefits Tax Act, 2010.

5.

An employer who contravenes regulations 2 and 3 commits an offence and is liable on conviction to a fine of not less than SR100 and not more than SR500 in respect of any worker, and in the case of a continuing offence to an additional penalty of SR 200 in respect of each day that the regulation is contravened.

6.

The Minister may, by Order published in the Gazette, exempt any class or category of workers from the application of these Regulations, subject to such conditions as the Minister may specify in the Order.