CHAPTER 69
EMPLOYMENT ACT

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Interpretation.

3. Republic bound.

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 vacancies.

6. Employment Agencies to be licenced.

7. Licenced employment agency to be a body corporate.

8. Register of applicants seeking employment through an employment agency.

9. Register of vacancies.

10. Fees.

11. Employers to advertise vacancies in certain circumstances.

12. Returns.

13. Accounts.

14. Rights of entry for examination and inquiry.

15. Regulations in respect of employment agencies.

16. Self-employed workers.

17. Job card.

17A. Prohibition of employment of Seychellois without job cards.

18. Restriction on employment of non-Seychellois.

PART III

CONTRACTS OF EMPLOYMENT

19. Contracts of employment.

20. Contracts by minors.

21. Written contracts generally.

22. Contracts of employment (outer islands).

23. Detention of worker beyond period of outer island contract.

24. [Repealed].

25. Contracts for casual work.

26. Language of contracts.

PART IV

TRAINEES

27. Trainees.

28. [Repealed].

29. Premiums from trainees prohibited.

30. Allowances.

31. Benefits.

PART V

A. 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 as privileged creditors.

38. Absconding employer.

39. When wages not due.

PART V

B. 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 regulations.

44. [Repealed].

45. Security for wages.

46. Employment benefits.

46A. Prevention of discrimination.

46B. Harassment prohibited.

46C. Thirteenth month pay.

PART VI

PROTECTION OF EMPLOYMENT

47. Restriction on termination of contracts.

48. Restriction on lay-offs of workers.

49. Variation on terms of employment.

50. Transfer of business undertaking.

51. Redundancy of workers.

PART VII

DISCIPLINE

52. Disciplinary offences.

53. Disciplinary proceedings.

53A. Drunkenness while at work, etc.

54. Disciplinary proceedings relating to criminal matters.

55. Disciplinary measures.

56. Suspension.

PART VIII

TERMINATION OF CONTRACTS

57. Termination by employer.

58. Frustration of contracts.

59. Period of notice by employer.

60. Termination by worker.

61. Grievance procedure.

62. Compensation upon termination.

62A. Compensation upon resignation or retirement.

63. Payment in lieu of notice.

63A. Interest payable.

PART IX

MISCELLANEOUS PROVISIONS

64. Disputes.

65. Appeal and review.

66. Retirement age.

67. Non-Seychellois workers.

68. Employer to keep register of workers.

69. Certificate of employment.

70. Probation.

71. Regulations.

PART X

ADMINISTRATION

72. Responsibility for administration.

72A. Tripartite consultative body.

73. Employment Advisory Board.

73A. Employment Tribunal.

74. Competent officer and presumption of authority.

75. Exercise of powers.

PART XI

OFFENCES, PENALTIES AND PROSECUTION

76. Offences.

77. Penalties.

78. Prosecution.

79. Determination of competent officer conclusive.

80. Employer’s liability for agents.

PART XII

TRANSITIONAL

81. Transitional.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

2 of 1995,

8 of 1999,

3 of 2006,

4 of 2006,

21 of 2008,

18 of 2010,

24 of 2016.

SI 73 of 1996,

4 of 2011.

AN ACT to revise and consolidate the law relating to employment.

[Date of commencement: 3rd April 1995]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Employment Act.

2. Interpretation.

In 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 any 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 three 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;

[Ins by s 2(a) of Act 4 of 2006 w.e.f. 2 May 2006.]

“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;

[Ins by s 2(a) of Act 21 of 2008 w.e.f. 13 October 2008.]

“Minister” means the Minister responsible for employment matters;

[Ins by s 2(a) of Act 21 of 2008 w.e.f. 13 October 2008.]

“Ministry” means the Ministry responsible for employment matters;

[Ins by s 2(a) of Act 21 of 2008 w.e.f. 13 October 2008.]

“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;

[Ins by s 2(a) of Act 21 of 2008 w.e.f. 13 October 2008.]

“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;

[Ins by s 2(a) of Act 21 of 2008 w.e.f. 13 October 2008.]

“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.

[Ins by s 2(a) of Act 4 of 2006 w.e.f. 2 May 2006.]

3. Republic bound.

Subject to section 4(2), this Act binds the Republic.

4. Application of Act, exemptions and restriction of jurisdiction of Court.

(1) Subject to subsection (2), this Act applies to—

(a) a contract of employment for service in Seychelles or on a Seychelles ship or aircraft;

(b) a contract of employment entered into a Seychelles for service in an agency of the Government or diplomatic mission of Seychelles abroad.

(2) The Minister may, by order, exempt—

(a) any contract of employment;

(b) any person or category of persons;

(c) any business or occupation,

from the operation of all or any of the provisions of this Act subject to such conditions as he thinks fit.

(3) Where provision is made under this Act for the hearing and determination of any matter in relation to a contract of employment to which this Act applies, any remedy or relief granted under the Act in respect of that matter shall, subject to the supervisory jurisdiction of the Supreme Court conferred on that Court by article 125 of the Constitution, be binding on the parties to the hearing or determination.

[S 4(3) am by s 2(a) of Act 8 of 1999 w.e.f. 2 November 1999.]

PART II

EMPLOYMENT SERVICES BUREAU AND EMPLOYMENT AGENCIES

5. Employment Service Bureau.

(1) The Minister shall, within the Ministry, establish an Employment Services Bureau—

(a) to monitor the activities of the employment agencies;

(b) to collect and record all returns submitted by the employment agencies;

(c) to keep a register of unemployed Seychellois seeking employment, being persons who have not been in employment at any time;

(d) to keep a register of self-employed workers;

(e) to conduct research on the potentialities of the labour market in or outside Seychelles;

(f) to advise the Minister on matters relating to employment;

(g) where the Minister so directs, to be an employment agency.

(2) Where the Minister directs the Employment Services Bureau to be an employment agency, the other provisions of this Part shall not apply to the Employment Services Bureau while carrying on an employment agency.

(3) The Employment Services Bureau shall issue to each person registered under subsection (1)(c) a job card in such form as the Minister may direct.

5A. Employers to notify Employment Services Bureau of vacancies.

An 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.

[S 5A ins by s 2(b) of Act 8 of 1999 w.e.f. 2 November 1999.]

6. Employment Agency to be licenced.

No 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 corporate.

An 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.

(1) An employment agency shall keep a register in which it shall enter the particulars of all persons applying to the agency for the purpose of finding employment and specified in subsection (2).

(2) There shall be entered in the register kept under subsection (1) the following particulars in relation to each person applying for the purpose of finding employment—

(a) the name, address, date of birth, nationality, the national identity number and the job card number (if any) of the person;

(b) particulars of skills or qualification held by the person;

(c) nature of employment sought by such person;

(d) particulars of any previous employment held by such person;

(e) any other prescribed particulars.

9. Register of vacancies.

(1) An employment Agency shall keep a register of vacancies in respect of employers who seek its services.

(2) Any employer who seeks the services of an employment agency for supplying the employer with a worker for employment shall register with that agency which the employer may have.

(3) An employment agency shall enter in the register of vacancies kept under subsection (1) the prescribed particulars in respect of each vacancy registered under subsection (2).

(4) Where the employer registering a vacancy with an employment agency—

(a) requires the employment agency to advertise the vacancy, the employment agency shall in consultations with the employer advertise the vacancy in a local newspaper;

(b) does not require the employment agency to advertise the vacancy, the employment agency shall submit to the employer the names and the particulars of persons registered under section 8 who are suitably qualified for the vacancy.

(5) Where an employment agency has advertised a vacancy under subsection (4)(a), the employment agency shall, soon after the closing date for the submission of applications for the vacancy, submit to the employer the applications of persons who have responded to the advertisement together with the names and particulars of persons registered under section 8 who are suitably qualified for the vacancy.

(6) Where an employer has employed any person from among the persons whose names have been submitted by the employment agency under subsection (4)(b) or (5), the employer shall inform the agency the name, and such other particulars of the person employed as is required by the agency and forward the job card (if any) of that person to the Employment Services Bureau.

(7) The employment agency shall enter in the register of vacancies the name and other particulars of any person in respect of whom information has been supplied under subsection (6).

10. Fees.

(1) An employment agency may charge such fees from an employer who seeks its service as may be agreed to between the employer and the agency.

(2) An employment agency shall not demand or receive directly or indirectly any fee from any person seeking employment or for finding that person employment.

11. Employers to advertise vacancies in certain circumstances.

(1) An employer who does not seek the services of an employment agency for supplying the employer with a worker to fill any vacancy which the employer may have shall advertise the vacancy in a local newspaper or in such other manner as may be necessary to bring the vacancy to the notice of persons seeking employment.

(2) Where an employer fills a vacancy pursuant to an advertisement under subsection (1), the employer shall submit to the Employment Services Bureau within 15 days after the filling of such vacancy the name and such other prescribed particulars of the worker filling the vacancy and forward the job card (if any) of the worker to the Employment Services Bureau.

12. Returns.

(1) An employment agency shall in respect of each month submit to the Employment Services Bureau on or before the 15th day of the immediately following month a return specifying—

(a) the names and other particulars of persons registered under section 8 as persons applying for the purpose of finding employment;

(b) the particulars of vacancies registered by the agency under section 9;

(c) the names and other particulars of workers employed in respect of whom information has been supplied under section 9(6),

during the month in respect of which the return is submitted.

(2) Where in respect of a month for which the employment agency is required to submit a return under subsection (1), the employment agency has not registered any person or vacancy or received any particulars of persons employed it shall submit to the Employment Services Bureau a nil return for that month.

13. Accounts.

(1) An employment agency shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year a statement of accounts in such form as shall comply with the best commercial standards.

(2) The accounts and statement of accounts of an employment agency shall be audited by an auditor appointed by the employment agency.

(3) An employment agency shall within 30 days after the accounts and the statement of accounts are audited under subsection (2), submit to the Employment Services Bureau the statement of accounts and the auditor’s report thereon.

14. Rights of entry for examination and inquiry.

A competent officer may—

(a) at any time enter any office of an employment agency and make any examination or inquiry which the officer considers necessary in order to satisfy the officer that the provisions of this Part are being complied with and may take extracts or make any copies from any register or other documents kept by the agency;

(b) require the production by an employment agency for the purpose of any examination or inquiry by that officer of any register or other document kept by the employment agency.

15. Regulations in respect of employment agencies.

The Minister may make such regulations as may be necessary or required for the proper functioning of an employment agency.

16. Self-employed workers.

(1) Every self-employed worker shall furnish to the Employment Services Bureau such particulars as may be prescribed.

(2) The Employment Services Bureau shall in a register kept by the Bureau enter the particulars furnished under subsection (1).

(3) Where a person, being a self-employed worker ceases to be a self-employed worker or obtains employment under an employer, such person shall within 15 days after ceasing to be a self-employed worker or obtaining employment under an employer inform the Employment Services Bureau of such occurrence, and furnish to the Bureau such particulars as may be prescribed.

17. Job card.

(1) Every unemployed Seychellois seeking employment and every employed Seychellois seeking alternative employment shall furnish to the Employment Services Bureau the particulars specified in subsection (2) and obtain from the Employment Services Bureau a job card.

[S 17(1) am by s 2(c) of Act 8 of 1999 w.e.f. 2 November 1999.]

(2) The particulars required to be furnished by an unemployed Seychellois under subsection (1) are—

(a) the name, address, date of birth, national identity number of that person;

(b) particulars of skills or qualifications held by the person;

(c) nature of employment sought by the person; and

(d) any other prescribed particulars.

(3) Where a person referred to in subsection (1) obtains employment with an employer, the person shall submit the job card to that employer.

17A. Prohibition of employment of Seychellois without job cards.

From 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.

[S 17A ins by s 2(d) of Act 8 of 1999 w.e.f. 2 November 1999.]

18. Restriction on employment of non-Seychellois.

(1) Subject to the Immigration Decree an employer in Seychelles shall not employ a non-Seychellois unless—

(a) the employer holds a certificate from the competent officer to the effect—

(i) that the vacant post for which the non-Seychellois is required has been advertised under section 9(4) or 11 and;

(ii) that—

A. the post requires the qualification demanded for it and no Seychellois holding the qualification is, at present, available for employment in that post; or

B. the Minister is satisfied that there is no unemployed Seychellois available for employment in the vacant post;

[S 18(1)(a)(ii)(B) am by s 2(e)(i) of Act 8 of 1999 w.e.f. 2 November 1999.]

(b) the employer has, together with the application for a certificate under paragraph (a) submitted in respect of the employer’s establishment, a detailed manpower plan setting out a training and localisation programme.

[S 18(1)(b) ins by s 2(e)(ii) of Act 8 of 1999 w.e.f. 2 November 1999.]

(2) An employer who employs a non-Seychellois worker shall ensure—

(a) that the contract of employment of the worker which shall be a fixed-term contract is attested by a competent officer;

[S 18(2)(a) am by s 2(b) of Act 4 of 2006 w.e.f. 2 May 2006.]

(b) that the worker ceases to be in the employment of the employer upon the expiration of the contract of employment unless the contract is, subject to subsection (1), extended or renewed.

PART III

CONTRACTS OF EMPLOYMENT

19. Contracts of employment.

(1) A contract of employment may be a contract—

(a) of continuous employment;

(b) for a fixed term;

(c) for the employment of a part-time worker; or

(d) for the employment of a casual worker.

(2) Where a contract for a fixed term is expressed to be for a period determined by reference to is duration in time, the contract, shall be for such period, not less than three months, as may be determined by the parties to the contract:

[S 19(2) am by s 2(c) of Act 4 of 2006 w.e.f. 2 May 2006.]

Provided, however, that where the interval between two consecutive fixed term contracts under which a worker is employed by the employer is not more than ninety days, the worker shall be deemed to have been in continuous employment during such interval and such worker shall be entitled to compensation under this Act in respect of the entire period of such employment.

[S 19(2) proviso ins by s 2(f) of Act 8 of 1999 w.e.f.
2 November 1999.]

20. Contracts by minors.

Notwithstanding any written law, a contract of employment entered into by a young person and whereby the young person, or is to be, employed is binding upon the young person if attested by the competent officer.

[S 20 am by s 2(d) of Act 4 of 2006 w.e.f. 2 May 2006.]

21. Written contracts generally.

(1) A contract of employment to which section 19(1)(a), (b) or (c) refers shall—

(a) be reduced to writing by the employer;

[S 21(1)(a) am by s 2(e) of Act 4 of 2006 w.e.f. 2 May 2006.]

(b) be in duplicate;

(c) specify as accurately as possible—

(i) the names of the employer and worker;

(ii) the nature of the employment;

(iii) in the case of a fixed-term contract, either the term or the specific scheme or project or specific work on which the worker is to be engaged, as the case may be;

(iv) in the case of a contract of continuous employment, the probation period, if any;

(v) the place where the work is to be performed;

(vi) the remuneration or wages to be paid and the periods of payment and any other benefits the worker is to receive;

(vii) the number of working hours per week;

(viii) the requirements for overtime work, where applicable;

(ix) such other particulars as may be prescribed;

(d) subject to subsection (3), be signed or marked by the parties to the contract.

(2) The employer shall retain one copy of the contract of employment and give the other copy of the contract to the worker.

(3) Where a party to the contract is illiterate, the contract shall be read and explained, and attested on behalf of the party, by a witness whose signature, full name and address shall appear on the contract.

22. Contracts of employment (outer islands).

(1) Notwithstanding section 21, contracts of employment for work on an outer island shall be for such period as may be determined by the parties to the contract and shall be—

(a) reduced to writing by the employer and contain the particulars specified in section 21(1)(c);

[S 22(1)(a) am by s 2(f) of Act 4 of 2006 w.e.f. 2 May 2006.]

(b) in duplicate; and

(c) subject to subsection (2), signed or marked by the parties.

(2) Where a party to the contract is illiterate, the contract shall be read and explained and attested on behalf of the party by a witness whose signature, full name and address shall appear on the contract.

(3) The employer shall retain one copy of the contract and give the other copy to the worker.

23. Detention of worker beyond period of outer island contract.

Where 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. ...

[S 24 rep by s 2(g) of Act 4 of 2006 w.e.f. 2 May 2006.]

25. Contracts for casual work.

(1) A contract for the employment of a casual worker is not required to be in writing.

(2) An employer shall not employ a casual worker, whether it be the same or another worker, for a period longer than three months or such other longer period authorised by a competent officer.

[S 25(2) am by s 2(h) of Act 4 of 2006 w.e.f. 2 May 2006.]

(3) Subject to subsection (2), an employer shall not employ a casual worker in a job which is of a permanent or continuous nature except for the purpose of allowing the substantive holder of the job to go on leave or to fill in a vacancy pending recruitment of a substantive holder for the job.

(4) The Minister may, by regulations, exempt any category of workers from the application of subsection (1), (2) or (3).

26. Language of contracts.

Written contracts of employment under this Part shall be in English, French or Creole.

PART IV

TRAINEES

27. Trainees.

The following persons are deemed to be trainees—

(a) persons employed as trainees on an employer’s training scheme in respect of the whole period of their training;

(b) untrained workers in occupations for which a training course is readily available until they have completed their training;

(c) participants in apprenticeship schemes.

28. ...

[S 28 rep by s 15 of Act 3 of 2006 w.e.f. 24 April 2006.]

29. Premiums from trainees prohibited.

(1) An employer shall not receive directly or indirectly from a trainee or on behalf or on account of a trainee any payment by way of premium not specifically authorised by or under a written law.

(2) The court may, in addition to imposing any penalty for contravening subsection (1), order the employer to repay to the trainee or other person by whom the payment was made the sum improperly received as premium.

30. Allowances.

A trainee shall be entitled to such allowances as the Minister may, by regulations, prescribed.

31. Benefits.

Subject 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 V

A. PROTECTION OF WAGES

32. Payments of wages.

(1) Unless otherwise provided under this Act, the wages of a worker are payable to the worker in the currency of the country where payment is made—

(a) in cash at or near the place of employment; or

(b) by cheque or bank transfer but with the worker’s consent where the wages are less than R.2000 a month or such other monthly sum as may be prescribed.

(2) Wages payable in cash are payable at regular intervals as agreed between employer and worker but not less than once a month and not later than the fifth day following the date on which they fall due.

(3) Wages payable by cheque or by bank transfer are payable not less than once a month before the date on which they fall due.

33. Authorised deductions.

(1) An employer may make deductions from the wages of a worker in respect of—

(a) any amount which the employer is required or empowered to deduct from the wages under any written law or court order;

(b) the recovery of the cost of any damage done to, or loss of, any property lawfully in the possession or custody of the employer occasioned by the wilfull default of the worker;

(c) any amount paid to the worker in error as wages in excess of the amount of wages due to the worker;

(d) an amount equal to the amount of any shortage of money arising through the negligence or dishonesty of a worker, who, by virtue of the occupation of the worker, is entrusted with the receipt, custody and payment of money;

(e) such other amount as the worker may in writing authorise.

(2) Without prejudice to any right of recovery of any debt due, the total amount of all deductions which, under subsection (1)(b), (c) and (d) may be made by an employer from the wages payable to a worker at any one time shall not exceed one quarter of the wages unless the worker authorises a higher amount in writing.

(3) Notwithstanding subsection (2) where any sum of money is due from a worker to the employer of the worker at the time the worker ceases to be employed by the employer, the employer may deduct that sum from any sum due from the employer to the worker as wages or any other benefit under the Act.

34. Disposal of wages.

(1) An employer shall not limit or attempt to limit the right of a worker to dispose of the wages as the worker deems fit.

(2) An employer having a shop, store, or place for the sale of commodities to the workers of the employer shall not directly or indirectly, bind a worker to make use of any such shop, store or place.

35. Record of wage payments.

(1) An employer, other than an employer solely employing part-time, casual or domestic worker, shall keep a record of the wages due to each of the workers in the employment of the employer, of the deductions made therefrom and of the amounts actually paid.

[S 35(1) am by s 2(g)(a) of Act 8 of 1999 w.e.f. 2 November 1999.]

(2) The record shall be kept at the place of employment and shall be available for inspection by the competent officer.

[S 35(2) am by s 2(g)(b) of Act 8 of 1999 w.e.f. 2 November 1999.]

36. Evidence of payment.

(1) An employer when paying the wages of a worker shall keep a record of the payment together with evidence of receipt of payment by the worker, and issue a pay slip recording details of payment to the worker; and

[S 36(1) rep and subs by s 2(i)(i) of Act 4 of 2006 w.e.f. 2 May 2006.]

(2) Where an employer fails to comply with subsection (1) and there is a dispute over the fact of payment, a presumption that the employer has not made payment arises against the employer.

[S 36(2) am by s 2(i)(ii) of Act 4 of 2006 w.e.f. 2 May 2006.]

(3) Where the receipt of payment is not recorded on the record kept under section 35(1), the receipt of payment shall contain the particulars of wages together with the deductions made therefrom.

[S 36(3) am by s 2(i) of Act 8 of 1999 w.e.f. 2 November 1999.]

37. Workers as privileged creditors.

Notwithstanding 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—

(a) the wages of all workers;

(b) their holiday pay;

(c) payment in lieu of notice due to them upon termination of employment; and

(d) compensation due upon termination,

up to an amount of R30,000, or any larger amount prescribed, in respect of any one claimant.

38. Absconding employer.

(1) Where an employer or former employer of any worker is about to leave Seychelles or to alienate his property or to do any other act—

(a) without having paid or made satisfactory arrangements to pay—

(i) any wages due to the worker; or

(ii) any other moneys owed by the employer or former employer to the worker; or

(b) with the intention, as may be presumed from the circumstances surrounding the business or finances of the employer or former employer, of foregoing the obligations, past or future, to the worker under this Act,

then, unless the employer or former employer furnishes sufficient and good security for the full amount of the wages and moneys due under paragraph (a) and of the obligations under paragraph (b), the competent officer may apply to the Supreme Court for an order preventing the employer or former employer from leaving Seychelles or alienating his property or doing such other act.

[S 38(1) am by s 2(h) of Act 8 of 1999 w.e.f. 2 November 1999.]

(1A) It shall be lawful for a competent officer, for the purpose of making an application under subsection (1), to require by written notice any airline or travel agency to furnish the competent officer with such information as may be specified in the notice in respect of any travel arrangement made by any person and it shall be the duty of such airline or travel agency to comply with the requirement of such notice.

[S 38(1A) ins by s 2(j) of Act 4 of 2006 w.e.f. 2 May 2006.]

(2) An order of the Supreme Court under subsection (1) preventing the employer or former employer to leave Seychelles shall be sufficient authority for the Director of Immigration from preventing the employer or former employer from leaving Seychelles.

(3) Where the Supreme Court is satisfied that an employer or former employer in respect of whom an order has been made under subsection (1) has paid the amount of wages and moneys and discharged the obligations or furnished sufficient and good security for the payment of the amount of wages and moneys or for the discharge of the obligations, the Supreme court may vacate the order.

(4) The Chief Justice may make rules of the Supreme Court for the purposes of an application under subsection (1).

39. When wages not due.

Where a worker—

(a) is absent from work without leave and without good cause;

(b) is in prison or otherwise detained in lawful custody,

no wages are due to the worker, and the employer may, at his discretion, withhold payment for the period of absence, imprisonment or detention.

B. REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT

40. Regulations relating to wages and conditions of employment.

(1) The Minister may, after consultation with the Unions and the employers organisations and such other representatives of workers of any category who are not members of any Union whom the Minister considers it fit to consult, make regulations prescribing—

(a) the statutory wages to be paid to workers by employers in accordance with subsection (2);

(b) the conditions of employment to be provided for workers by employers.

(2) Regulations under subsection (1)(a) may—

(a) prescribe a national minimum wage for workers, other than trainees, and mandatory wages in respect of such workers or category of such workers or in relation to any business;

(b) provide for increments and the conditions under which they may be awarded or withheld;

(c) prescribe allowances for trainees;

(d) authorise benefits or advantages provided by the employer which may be reckoned as payment of wages by the employer in lieu of payment in cash and define the Maximum value to be attached to them;

(e) provide for any other matter in respect of wages.

(3) Regulations under subsection (1)(b) may prescribe—

(a) the Maximum permissible number of hours of work, normal and overtime, in any day or week, rest periods and the number of consecutive hours of rest to which a worker is entitled;

(b) the number of days of annual leave, maternity leave, sick leave, leave for the purpose of fulfilling or in connection with any civic duties or unpaid leave and the conditions under which such leave may be granted;

(c) extra rates of payment or time off in lieu of overtime, work on Sundays and other public holidays and exceptions therefrom;

(d) the Maximum sum which an employer may deduct from the wages to be paid to a worker in respect of the costs of food or housing or both food and housing provided by the employer;

(e) conditions attaching to the employment of women, trainees and disabled persons;

(f) maternity protection benefits;

(g) facilities to be granted to the worker for training or for social, sport and cultural activities;

(h) generally improved living and working conditions.

41. Calculation of wages.

(1) Subject to subsection (2) and unless regulations made under subsection (3) otherwise provide, wages are calculated on an hourly basis.

(2) Wages may be calculated on a task or piece work basis wherever the Minister is satisfied that such calculation will encourage productivity, but where wages are so calculated, the worker shall not receive less than the national minimum wage.

(3) The Minister may, by regulations, prescribe the manner of computing wages either generally or in respect of any class or category of workers.

42. Deduction for food or housing.

(1) Where a Maximum sum to represent food or housing or both food and housing has been prescribed, the employer may deduct from the worker’s wages, if in excess of the national minimum wage, in payment therefore—

(a) the Maximum sum prescribed;

(b) the actual cost of the food or housing or of both food and housing; or

(c) the difference between the worker’s wages and the national minimum wage,

whichever is the less.

(2) Where no sum has been prescribed under subsection (1), no deduction from the worker’s wages is allowed in respect of food or housing or both food and housing except with the written approval of the competent officer.

43. Effect and enforcement of regulations.

The 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—

(a) where the contract provides for a wage higher than the national minimum wage, that higher wage, if not itself in excess of any mandatory wage applicable, or, if that higher wage exceeds the mandatory wages, the mandatory wage, shall apply;

(b) where the contract provides for conditions of employment more favourable than those prescribed, those conditions more favourable shall apply unless otherwise prohibited under this Act.

44. ...

[S 44 rep by s 2(k) of Act 4 of 2006 w.e.f. 2 May 2006.]

45. Security for wages.

The 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.

(1) Workers under contract of continuous employment are entitled to all employment benefits under this Act from the date of employment until lawful termination of the contracts.

(2) Workers under contracts of employment for a fixed-term are entitled to all employment benefits up to the day the fixed-term contract expires or the earlier lawful termination of the contracts, as the case may be.

(3) Where the lawful termination of the contract as referred to in subsection (1) or (2) is immediately preceded by a period of suspension without pay, the termination is deemed to take effect as from the date the period of suspension began.

PART VI

PROTECTION OF EMPLOYMENT

46A. Prevention of discrimination.

(1) Where an employer makes an employment decision against a worker on the grounds of the worker’s age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual orientation or political, trade union or other association, the worker may make a complaint to the Chief Executive stating all the relevant particulars.

(2) The Chief Executive shall hold an inquiry into the complaint, make a determination and communicate the determination to the worker and the employer, and where an act of discrimination is held to have been established, the determination shall include such directions to the employer as are necessary to redress the grievance complained of.

(3) An employer to whom a direction is issued under subsection (2) shall comply with the direction.

(4) For the purpose of this section—

“worker” includes a prospective worker;

“employer” includes a prospective employer;

“employment decision” means any decision relating to the recruitment, conditions of employment, wages, disciplinary control or termination of employment of a worker.

[S 46A ins by s 2(l) of Act 4 of 2006 w.e.f. 2 May 2006.]

46B. Harassment prohibited.

An employer shall not commit any act of harassment against a worker.

[S 46B ins by s 2(l) of Act 4 of 2006 w.e.f. 2 May 2006.]

46C. Thirteenth month pay.

(1) For the purpose of this section—

"corresponding year" means the year for which the thirteenth month pay is due; and

"salary" shall have the same meaning as wages.

(2) Every employer shall pay to his, her or its workers a thirteenth month pay in addition to their due salary.

(3) The payment under subsection (2) shall become due on 31st December of every year and it shall be made on or before 31st January of the following year.

(4) The amount of the thirteenth month pay is equivalent to the monthly salary of a worker excluding any allowance or other monetary benefits forming part of the salary:

Provided that—

(a) a worker who has taken up employment with an employer for a period of not less than twelve months inclusive of the probation period shall be entitled to a thirteenth month pay;

(b) this entitlement does not constitute a monthly salary and shall not be taken into account in the total salary per year for the purpose of calculation of any employment benefits; and

(c) this entitlement shall be independent from any bonus paid under an employer's scheme or any other payments made by the employer provided however that where the employer who is contractually obliged to pay a bonus as per the contract of employment and if the amount of bonus is higher than the thirteenth month pay, the employer may deduct the thirteenth month pay from the bonus, and the balance amount shall be paid to the employee.

(5) A worker who has been on overseas training for an aggregate period exceeding 14 weeks or on unpaid leave for more than one month in the corresponding year shall be paid in proportion to the period of service excluding the time spent on training or on unpaid leave.

(6) A worker who is in prison or otherwise detained in lawful custody for any period in the corresponding year shall be eligible for pro-rata payment only.

(7) Where a worker is on unauthorised absence from work—

(a) for the first day of absence, one day's pay shall be deducted from the 13th month pay; and

(b) for the subsequent days of absence, 3 day's pay for each subsequent day shall be deducted from the 13th month pay.

(8) The following workers shall not be eligible to receive a thirteenth month pay under subsection (2)—

(a) non-Seychellois workers,

(b) workers who are on contract for skills development,

(c) workers whose basic monthly salary is above an amount as may be prescribed by the Minister; and

(d) any other category to be prescribed by the Minister.

(9) An employer who is unable to pay the thirteenth month pay under subsection (2) shall make an application to the Thirteenth Month Pay Committee constituted by the Minister responsible for Finance in consultation with the Minister responsible for Employment within a period of three months from which the thirteenth month pay becomes due.

(10) The Thirteenth Month Pay Committee shall consider the application submitted under subsection (9) within a period of one month and the decision taken by the Committee shall be communicated to the employer concerned in writing.

(11) In considering an application received under subsection (9), the Thirteenth Month Pay Committee shall take into consideration such factors and adopt such procedures as may be prescribed.

(12) An employer shall not be entitled to submit an application under subsection (9) after 2 years from the date of coming into operation of the Employment (Amendment) Act, 2016.

[S 46C ins by s 2(a) of Act 24 of 2016 w.e.f. 29 December 2016.]

47. Restriction on termination of contracts.

(1) Subject to Part VIII, an employer shall not terminate, or give notice of termination of a worker’s contract of employment except under section 49 or 50 unless the employer first initiates and complies with the negotiation procedure.

(2) Where, consequent upon the negotiation procedure initiated under subsection (1), the competent officer determines that—

(a) a contract of employment should not be terminated, the contract shall continue to have effect;

(b) a contract of employment may be terminated and the cause of the termination is in no way attributable to the worker, the employer shall pay to the worker compensation calculated at—

(i) the rate of five sixths of one day’s wage for each completed month of service in the case of contracts of continuous employment;

[S 47(2)(b)(i) rep and subs by s 2 of Act 18 of 2010 w.e.f. 17 August 2010.]

(ii) double the rate in subparagraph (1) in the case of fixed term contracts; or

(iii) such higher rate as may be prescribed;

(c) a contract of employment may be terminated and the cause of the termination is partly or wholly attributable to the worker, the employer shall pay to the worker a lesser rate of compensation than at paragraph (b) or none, as the competent officer may assess.

(3) The reference to every month of service in subsection (2)(b)(i) includes service with a previous employer where the service is continued by the new employer without termination by the previous employer.

(4) For the purpose of computing compensation under subsection (2)(b) or (c)—

(a) no account is taken of any period of service in respect of which a pension or a gratuity was earned and is payable under the Pensions Act or the Seychelles Security Guards Service Pensions Act;

(b) the wage shall be the wage payable to the worker at the time the contract of employment was terminated.

(5) For the purposes of this section, “wage” includes any responsibility allowance or duty allowance.

[S 47(5) ins by s 2(j) of Act 8 of 1999 w.e.f. 2 November 1999.]

48. Restriction on lay-offs of workers.

(1) Where, due to circumstances beyond an employer’s control such as a shortage of raw materials, a natural catastrophe or any disruption of work which could not have been foreseen, work has to be temporarily suspended and workers temporarily laid off, the employer shall initiate and comply with the negotiation procedure.

(2) Where, consequent upon the negotiation procedure initiated under subsection (1), the competent officer approves the lay-offs, the officer shall notify the employer and the Union of the conditions under which they are approved, the authorised period of the lay-offs and the percentage of wages to be paid to the workers during that period.

(3) An employer shall not lay off workers—

(a) without the approval of the competent officer;

(b) on conditions other than those notified by the competent officer;

(c) for a period longer than authorised.

49. Variation on terms of employment.

(1) An employer shall not vary the terms and conditions of employment of a worker in any way less favourable to the worker without the worker’s written consent and that of the Union.

(2) Where the written consent required under subsection (1) to a variation of the terms and conditions of employment of the worker cannot be obtained, the employer may subject to subsection (3) and section 57(2) terminate the contract of employment of the worker.

(3) The termination of employment of a worker under subsection (2) shall be deemed to be for a cause in no way attributable to the worker and the worker is entitled to compensation calculated in accordance with section 47(2)(b).

50. Transfer of business undertaking.

(1) Where an employer transfers a business undertaking in which workers are employed to another person, and the other person accepts the obligations of the employer with effect from the date of transfer, irrespective of whether the ownership of the assets of the undertaking are transferred or not, the first-mentioned employer shall be deemed to have terminated the contract of employment of the workers immediately before the date of transfer subject to subsection (2).

(2) The termination of employment of such workers shall be deemed to be for a cause in no way attributable to the workers and the workers shall be paid compensation calculated in accordance with section 47(2)(b) regardless of whether they are employed or not employed by the person to whom the undertaking is transferred.

(3) An employer who knows, or may reasonably be deemed to know, that a transfer of the business undertaking is due to occur, shall within one month notify the Chief Executive in writing of that fact and take steps to comply with the provisions of subsection (2).

[S 50 rep and subs by s 2(m) of Act 4 of 2006 w.e.f.
2 May 2006.]

51. Redundancy of workers.

(1) Subject to this section, where as a result of an employer—

(a) ceasing to operate, in whole or part, a business, otherwise than as provided under section 50;

(b) temporarily suspending, in whole or part, the operation of a business for any reason specified in section 48(1);

(c) reconstructing the operation of a business for the purpose of facilitating improvement in the business by which greater efficiency and economy can be effected; or

(d) introducing new technology in a business,

a worker employed in the business has become redundant and it is necessary to terminate the contract of employment of the worker the employer shall, before terminating the contract of employment, initiate and comply with the negotiation procedure.

(2) Where consequent upon the negotiation procedure initiated under subsection (1), the competent officer determines—

(a) that the contract of employment of the worker may be terminated the worker shall be entitled to compensation calculated in accordance with section 47(2)(b);

(b) that the contract of employment of the worker shall not be terminated, the contract shall continue to have effect.

PART VII

DISCIPLINE

52. Disciplinary offences.

(1) A disciplinary offence listed in Part 1 of Schedule 2 is a minor disciplinary offence.

(2) Any—

(a) disciplinary offence listed in Part II of Schedule 2; and

(b) minor disciplinary offence which is preceded by two or more disciplinary offences, whether of the same nature or not, in respect of which some disciplinary measure has been taken,

is a serious disciplinary offence.

(3) Where a minor disciplinary offence is not followed by another minor disciplinary offence within 12 months of its commission, that offence is deemed not to have been committed and is discounted for the purposes of subsection (2).

53. Disciplinary proceedings.

(1) No disciplinary measure shall be taken against a worker for a disciplinary offence unless there has been an investigation of the alleged offence or where the act or omission constituting the offence is self-evident, unless the worker is given the opportunity of explaining the act or omission.

(2) Where the disciplinary offence relates to a serious disciplinary offence, the worker shall be informed in writing with copy to the Union, if any, of the nature of the offence as soon as possible after it is alleged to have been committed and of the suspension of the worker, where the employer deems suspension to be necessary as a precautionary measure or for investigative purposes.

(3) The employer shall ensure that the investigation pursuant to subsection (1), even where it consists in no more than requiring an explanation for a self-evident act or omission, is conducted fairly and that the worker has, if the worker so wishes, the assistance of a colleague or a representative of the Union, if any, and of such witnesses as the worker may wish to call.

(4) Where a disciplinary offence is established, the employer shall decide on the disciplinary measure to be taken and, where such measure is termination without notice, shall inform the worker of the same in writing with copy to the Union, if any.

(5) A worker aggrieved by a disciplinary measure taken against the worker may initiate the grievance procedure and under that procedure the burden of proving the disciplinary offence lies on the employer.

(6) In subsection (3) “representative of the Union” means a person nominated by the Union.

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).

[S 53A ins by s 2(l) of Act 8 of 1999 w.e.f. 2 November 1999.]

54. Disciplinary proceedings relating to criminal matters.

(1) If, while a disciplinary offence is being investigated under section 53, a criminal proceeding is instituted against the worker in respect of the same offence, the investigation may be continued and completed.

[S 54(1) am by s 2(n)(i) of Act 4 of 2006 w.e.f. 2 May 2006.]

(2) Nothing in this section is to be read as preventing a disciplinary measure from having effect subject to section 53(5), whatever the outcome of a criminal proceeding.

[S 54(2) and (3) rep by s 2(n)(ii) and 54(4) renumbered as 54(2) and am by s 2(n)(iii) of Act 4 of 2006 w.e.f. 2 May 2006.]

55. Disciplinary measures.

Upon 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.

[S 55 am by s 2(b) of Act 21 of 2008 w.e.f. 13 October 2008.]

56. Suspension.

(1) When investigating a serious disciplinary offence, the employer may suspend a worker without pay—

(a) pending the investigation but for no longer than
1 month;

(b) where the investigation is discontinued under section 54(1), pending the outcome of the trial,

and shall inform the worker, in writing, of the outcome of the investigation.

[S 56(1) am by s 2(m)(i) of Act 8 of 1999 w.e.f. 2 November 1999.]

(2) Where a worker who has been suspended under subsection (1) is reinstated, the worker is entitled to payment for the period of suspension.

(3) A worker who is suspended under subsection (1) may terminate the contract of employment with notice.

[S 56(3) rep and subs by s 2(m)(ii) of Act 8 of 1999 w.e.f. 2 November 1999.]

(4) An employer shall, before the expiry of 40 days after the date of suspension of a worker under subsection (1)(a), or immediately after the completion of an investigation referred to in subsection (1)(b), inform the worker of the outcome of the investigation.

[S 56(4) ins by s 2(m)(ii) of Act 8 of 1999 w.e.f. 2 November 1999.]

(5) A worker who is aggrieved by the failure of an employer to comply with the provisions of subsection (4) or by the result of the investigation may initiate the grievance procedure under Part II of Schedule I.

[S 56(5) ins by s 2(m)(ii) of Act 8 of 1999 w.e.f. 2 November 1999.]

PART VIII

TERMINATION OF CONTRACTS

57. Termination by employer.

(1) An employer may terminate a contract of employment with notice upon a determination by the competent officer following the negotiation procedure initiated under Part VI that the contract may be terminated.

(2) Notwithstanding section 47, an employer may terminate a contract of employment with notice in the following cases—

(a) where the worker is on probation, during the worker’s probationary period if the worker does not satisfactorily complete the period;

(b) where the worker is a trainee under section 27(a), at the end of the training period if the worker fails to satisfactorily complete the training;

(c) where the termination is under section 49 or 50, on the occurrence of the event specified therein;

(d) where the worker is a casual, part-time or domestic worker, at any time.

(3) Notwithstanding subsection (2), notice of termination shall not be given to a worker while that worker is on sick leave or pregnant or on maternity leave unless the competent officer so authorises.

(4) Notwithstanding section 47 an employer may terminate a contract of employment without notice where the worker has committed a serious disciplinary offence within the meaning of that expression in section 52(2).

(5) An employer shall not, otherwise than under this section, terminate the contract of employment of a worker.

(6) An employer shall notify a worker—

(a) who is employed under a fixed term contract; or

(b) a worker who is about to reach retirement age,

at least one month before the expiration of the contract or the date of retirement, as the case may be, of that fact failing which the employer shall pay the worker referred to in paragraph (a) or (b) one month’s wages in lieu of such notice.

[S 57(6) rep and subs by s 2(o) of Act 4 of 2006 w.e.f. 2 May 2006.]

58. Frustration of contracts.

(1) A contract is frustrated when it becomes impossible of performance as when, among other things or reasons—

(a) the business of the employer ceases through its becoming prohibited or illegal under any written law;

(b) a worker is disqualified through the suspension or cancellation of any licence, permit, registration or authority required under the written law for the purpose of exercising the occupation or profession of the worker,

and, except in the case of paragraph (b), the worker, other than a casual worker, is entitled upon frustration of the contract to one month’s notice or to payment in lieu and to any additional compensation payable under section 62.

(2) Where a contract is frustrated through a business ceasing as a result of an acquisition by Government under the Acquisition of Lands in the Public Interest Act, any liability under subsection (1) for payment in lieu of notice and payment of compensation lies primarily upon the Government subject to reimbursement by the employer.

(3) For the avoidance of doubt it is declared that where a contract is frustrated the negotiation procedure under Part VI and the grievance procedure under section 61 do not apply.

(4) An employer whose business ceases under subsection (1)(a) shall forthwith notify the competent officer of the same.

59. Period of notice by employer.

Termination under section 57(1) and (2) requires—

(a) in the case of any casual worker, one day’s notice;

(b) in the case of a worker on probation seven day’s notice;

(c) in the case of any other worker, other than a non-Seychellois worker, one month’s notice;

(d) in the case of a non-Seychellois worker, not being a casual worker, the period of notice specified in the contract of employment of the worker or a worker on probation or, where a period of notice is not specified, one month’s notice.

60. Termination by worker.

(1) A worker may terminate the contract of employment of the worker—

(a) in the case of any casual worker, with one day’s notice;

(b) in the case of a worker on probation, with seven day’s notice;

(c) in the case of any other worker, other than a non-Seychellois worker, with one month’s notice;

(d) in the case of a non-Seychellois worker, not being a casual worker or a worker on probation, with the period of notice specified in the contract, or where a period of notice is not specified, with one month’s notice.

(2) A worker, other than a casual worker, may terminate the contract of employment of the worker without giving prior notice—

(a) where the employer is in breach of the contract with the worker and such breach justifies termination;

[S 60(2)(a) rep and subs by s 2(p)(i) of Act 4 of 2006 w.e.f. 2 May 2006.]

(b) where the employer acts in contravention of the Act and such contravention justifies termination; and

[S 60(2)(b) rep and subs by s 2(p)(i) of Act 4 of 2006 w.e.f. 2 May 2006.]

(c) where the worker has been laid off;

[S 60(2)(c) rep and subs by s 2(p)(i) of Act 4 of 2006 w.e.f. 2 May 2006.]

but the worker shall inform the employer forthwith in writing of the termination and of the reason therefore and shall obtain from the employer the certificate of employment referred to in section 69.

[S 60(2) am by s 2(p)(ii) of Act 4 of 2006 w.e.f. 2 May 2006.]

61. Grievance procedure.

(1) A worker—

(a) whose contract of employment is terminated—

(i) pursuant to section 57(2)(a) or (b);

(ii) for a serious disciplinary offence pursuant to section 57(4);

(b) who terminates his contract under section 60(2)(a) or (b),

may initiate the grievance procedure.

(1A) Where a worker or employer has registered a grievance, the competent officer shall endeavour to bring a settlement of the grievance by mediation.

[S 61(1A) rep and subs by s 2(c)(i) of Act 21 of 2008 w.e.f. 13 October 2008.]

(1B) A competent officer in mediating a settlement, shall draw up a mediation agreement which shall be signed by the parties and be presented to the Tribunal for endorsement as a form of judgement by consent.

[S 61(1B) ins by s 2(c)(i) of Act 21 of 2008 w.e.f. 13 October 2008.]

(1C) If a party breaches the mediation agreement or any part thereof, the agreement shall be enforced by the Tribunal.

[S 61(1C) ins by s 2(c)(i) of Act 21 of 2008 w.e.f. 13 October 2008.]

(1D) If the competent officer is unsuccessful in the mediation he shall issue a certificate to the parties as evidence that mediation steps have been undergone by such parties.

[S 61(1D) ins by s 2(c)(i) of Act 21 of 2008 w.e.f. 13 October 2008.]

(1E) A party to a grievance shall bring the matter before the Tribunal within 30 days if no agreement has been reached at mediation.

[S 61(1E) ins by s 2(c)(i) of Act 21 of 2008 w.e.f. 13 October 2008.]

(2) Upon conclusion of a case before the Tribunal initiated under subsection (1), the Tribunal may determine as follows—

[S 61(2) am by s 2(c)(ii) of Act 21 of 2008 w.e.f. 13 October 2008.]

(a) in the case of subsection (1)(a)—

(i) that termination is justified;

(ii) that termination is not justified and that the worker is reinstated in the post or offered other suitable employment and that, where applicable, some disciplinary measure or non be taken in lieu of termination;

(iii) that termination is not justified but, as it would be impractical or inconvenient to reinstate the worker in the post or offer the worker other suitable employment, allow the termination subject, in the case of subsection (1)(a)(ii), to the payment in lieu of notice of one month’s wages or, where an amount is specified in the worker’s contract of employment in the case of a non-Seychellois worker referred to in section 59(c), that amount, and in any other case subject to the termination taking effect on the date of the competent officer’s determination;

[S 61(2)(a)(iii) am by s 2(q) of Act 4 of 2006 w.e.f.
2 May 2006.]

(b) in the case of subsection (1)(b)—

(i) that termination is justified, in which case the worker is entitled to the payment of one month’s salary in addition to any benefits or compensation the worker may have earned;

(ii) that termination is not justified, in which case the worker is liable to pay the employer a sum equal to one month’s salary or, where an amount specified in the contract of employment in the case of a non-Seychellois worker referred to in section 60(1)(d), that amount and the employer may deduct the sum or the amount from any payments owed by him to the worker in accordance with section 33(2).

62. Compensation upon termination.

Where—

(a) a contract of employment is frustrated, other than under section 58(1)(b);

(b) a contract of employment is terminated by an employer—

(i) under section 57(2)(a) or (b) and the grievance procedure is initiated by the worker with the result that termination is allowed under section 61(2)(a)(iii);

(ii) other than for a serious disciplinary offence under section 57(4);

(c) a contract of employment is terminated by the worker and the Tribunal determines pursuant to section 61(2)(b)(i) that the worker is justified in terminating the contract,

[S 62(c) am by s 2(d) of Act 21 of 2008 w.e.f. 13 October 2008.]

compensation is payable to the worker, in addition to his wages and any benefits earned, in accordance with section 47(2)(b) or (c).

62A. Compensation upon resignation or retirement.

(1) Where a worker—

(a) resigns, otherwise than in the circumstances referred to in subsection (2); or

(b) retires;

on completion of not less than five years’ continuous service under an employer, compensation for length of service shall be payable to such worker, in addition to the wages and other benefits earned, in accordance with section 47(2)(b).

(2) Compensation shall not be payable to a worker under subsection (1) where the worker resigns during a period of suspension from service for disciplinary reasons, or where the circumstances of the resignation are such that serious disciplinary action could have been taken against the worker by the employer.

[S 62A(2) am by s 2(r) of Act 4 of 2006 w.e.f. 2 May 2006.]

(3) Where a worker who has completed not less than five years’ continuous service dies while in employment, compensation for length of service shall be payable to the legal representative of such worker, in addition to the wages and other benefits earned by the worker, in accordance with section 47(2)(b).

[S 62A ins by s 2(o) of Act 8 of 1999 w.e.f. 2 November 1999.]

63. Payment in lieu of notice.

Wherever 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 payable.

Where 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.

[S 63A ins by s 2(p) of Act 8 of 1999 w.e.f. 2 November 1999; am by s 2(e) of Act 21 of 2008 w.e.f. 13 October 2008.]

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