These Regulations may be cited as the Employment (Thirteenth Month Pay Committee) Regulations, 2017.
In these Regulations “Committee” means the Thirteenth Month Pay Committee constituted under regulation 3.
(1)The Thirteenth Month Pay Committee constituted by the Minister for Finance in consultation with the Minister for Employment shall consist of the following members—
(a)2 representatives from the Ministry responsible for Employment;(b)2 representatives from the Ministry responsible for Finance;(c)a representative from the Ministry responsible for Entrepreneurship Development; and(d)a representative from the Seychelles Revenue Commission.(2)The Minister shall designate one of the representatives from the Ministry responsible for Finance to be the Chairman of the Committee.(3)The Committee may invite representatives from relevant sectors to assist the Committee in the determination of the application.(4)The Minister may designate an officer from the Finance Department to be the Secretary of the Committee.(5)The Secretary shall be responsible for processing applications and maintaining statistics and records.
(1)An employer who is unable to pay the thirteenth month pay may make an application to the Committee in the Form set out in the First Schedule.(2)Where an application is filed by the employer under subregulation (1) it shall be made known by issuing a notice in writing by the employer to all employees who are eligible to receive thirteenth month pay.(3)Application in respect of the thirteenth month pay for the year 2016 shall be made no later than 31st March 2017 and for the year 2017 shall be made no later than 31st January 2018.(4)The application shall be accompanied by the required supporting documents as specified in the application form.(5)The Committee shall make a determination of the application filed under subregulation (1) within a period of one month from the date of receipt of the application.(6)The Committee may formulate general procedural guidelines and qualifying factors for the evaluation of the applications.(7)The Committee may regulate its own proceedings.(8)Where the application has been approved by the Committee, the financial assistance shall be processed by the Financial Planning and Control Division of the Ministry of Finance, Trade and Economic Planning and the grant of financial assistance shall be published twice in a local newspaper having wide circulation on two occasions and there shall be a gap of not less than 5 days from the first publication.(9)The decision taken to grant or not to grant the financial assistance shall be communicated by the Committee in writing to the employer.(10)Where the Committee decides to refuse the grant of financial assistance the reasons shall also be notified to the applicant.(11)Where the Committee grants the financial assistance, the Secretary shall forward the letter of agreement in duplicate in the Form set out in the Second Schedule, requesting the applicant to return the original duly signed within three days of its receipt.(12)Where the financial assistance is granted, it shall credit the amount in the employer’s bank account.(13)Where the employer has received financial assistance it shall effect the payment of the thirteenth month pay to the eligible employees.(14)The proof of payments of the thirteenth month pay shall be kept by the employer and shall be made available to the Committee within 15 working days after the date on which the financial assistance was provided.
(1)The employer may, if aggrieved by the decision of the Committee file an appeal before the Tribunal within 30 days from the date of receipt of the decision.(2)An appeal filed under subregulation (1) shall be decided by the Tribunal within 3 months from the date of filing the appeal.