Labor law in Seychelles

The Employment Act 1995, the Employment (Conditions of Employment) Regulations 1991, the Occupational Safety and Health Decree and the Industrial Relations Act form the main labor-law framework in Seychelles. The Employment Department handles labor relations, labor migration, monitoring and compliance. The Employment Tribunal, the Registrar of Trade Unions and the Dispute Settlement Board handle specific proceedings and representation matters. Employment contracts may be continuous, fixed-term, part-time or casual. A continuous employment contract is an ongoing employment relationship without a fixed end date. Continuous, fixed-term and part-time contracts must normally be written in duplicate in English, French or Creole and state the parties, work, term or project, probation, workplace, wages, payment periods, benefits, weekly hours and overtime requirements. A fixed-term contract usually lasts at least three months. A casual worker is engaged on a day-to-day basis, and the statutory definition covers work for no more than 21 consecutive days. An employer may not use casual work for a permanent position except for holiday or vacancy replacement. Probation applies only to continuous employment and normally lasts no more than six months unless a competent officer approves a longer period. A person generally may start employment from age 15. People under 18 may not work in hotels, guest houses, boarding houses, tourist accommodation, restaurants, shops, bars, nightclubs, dance halls, discotheques, similar entertainment venues, ships or aircraft, unless a special authorization covers workers aged 15 to 17. A non-Seychellois worker generally receives the same employment terms as other workers, but also needs an approved post and employer, a valid Gainful Occupation Permit (GOP) and a fixed-term contract attested by the Ministry. The usual pathway includes the employer advertising the vacancy, checking local candidates, obtaining Ministry approval, obtaining the GOP and having the contract attested. Employment without a valid GOP is an offence punishable by a fine of up to SCR 40,000. The Ministry guidance lists an attestation fee of SCR 750 per worker and excludes non-Seychellois workers, casual workers and Skills Development Programme participants from its general 13th-month-pay guidance. Working time is generally limited to 60 hours per week, or 72 hours for a watchman. A worker must receive 24 consecutive hours of rest in every seven-day period and at least eight hours between shifts. Regular overtime limits generally allow no more than 60 additional hours per month and an aggregate maximum of 15 hours per day. Overtime is paid at 1.5 times the ordinary rate on weekdays and Sundays and three times the ordinary rate on public holidays. A 2026 exemption allows Mason's Travels drivers up to 90 overtime hours per month for one year, and the worker cannot be forced to accept that overtime. From 1 April 2025, the national minimum wage is SCR 40.95 per hour and the casual-worker rate is SCR 47.19 per hour. At 35 hours per week, SCR 40.95 per hour corresponds to approximately SCR 6,210.75 per month, although actual pay depends on hours and the applicable contract. Employers must keep records of wages and benefits and may make only lawful deductions. The current 13th-month-pay rule generally provides 100% of monthly salary, excluding allowances and other monetary benefits, for workers covered by the rule. Payment is due by 31 December and no later than 31 January. The prescribed salary threshold is SCR 45,450. The former special regime under section 46D ended when that section was repealed in 2025. A proportional amount may be due when employment ends before 31 December, subject to exclusions such as resignation during probation, termination for unsatisfactory performance during probation or termination for a serious disciplinary offence. Annual leave normally provides 21 paid days per year, excluding Saturdays, Sundays and public holidays. Sick leave provides 21 paid days per year, and compassionate leave provides four paid days per year. Paid maternity leave lasts 16 weeks, with at least 12 weeks after confinement. Paid paternity leave lasts 10 consecutive working days for a resident male worker in continuous or fixed-term employment whose name appears on the birth certificate, once per year. Authorized leave may not be used negatively in a 13th-month performance assessment. Employers must provide a safe workplace and report occupational accidents within 48 hours, or immediately when an accident causes death. Labor compliance officers may enter workplaces, inspect conditions, ask questions, take samples and photographs, and conduct routine, follow-up, complaint or accident inspections. Additional rules apply to activities such as dock work. Discrimination and harassment are prohibited on grounds including age, gender, race, color, nationality, language, religion, disability, HIV status, sexual orientation, political or trade-union association and other association. A worker can seek remedies through the Chief Executive and the relevant labor procedures. Workers may join a trade union, and trade unions and employers' organizations register through the Registrar of Trade Unions. Collective bargaining and industrial disputes follow the Industrial Relations Act. A worker may receive assistance from another worker, a trade-union officer or a shop steward during a disciplinary investigation. The statutory collective process can involve employer negotiations, the Registrar or Minister and the Dispute Settlement Board, whose decision has a target of 45 days. Strike action follows the statutory dispute-resolution process; a spontaneous stoppage does not automatically satisfy that process. Some services, including disciplinary forces, the Republic service when the worker is not a public officer and the judicial service, are excluded from parts of the collective framework. Notice periods depend on the relationship. A casual worker normally receives one day's notice, a probationary worker seven days and another worker one month. For a non-Seychellois worker, the contract notice period or one month applies. A fixed-term contract or retirement expiry generally requires notification at least one month beforehand. Notice cannot normally be given during sickness, pregnancy or maternity leave without authorization. A serious disciplinary offence can justify termination without notice. Before disciplinary termination, the employer should investigate thoroughly, give the worker a fair hearing, allow a statement and provide reasonable assistance. Possible measures include a warning, recovery of costs, deduction for unauthorized absence, redeployment, demotion, unpaid suspension for up to 14 days, termination with notice or instant dismissal. Length-of-service compensation is calculated under the regulations at five or six days' wages for each completed month of continuous employment, with double compensation for fixed-term employment; pension- or gratuity-covered service is excluded. Redundancy or lay-off can arise from business closure or partial closure, temporary suspension, reconstruction for efficiency or economy, or new technology. The employer generally notifies the Chief Executive at least 42 days before the intended notice, although an exceptional reduction may be allowed. Consultation and a competent-officer determination have a target of 14 days after registration, and the employer generally waits 21 days after the determination before giving notice. A ministerial appeal may take up to 42 days. The application fee is SCR 300 for 1 to 5 workers, SCR 700 for 6 to 20, SCR 800 for 21 to 50 and SCR 1,000 for more than 51 workers. Required approval does not remove the worker's rights to notice or compensation. A workplace grievance procedure should be used first when the workplace has one. The Ministry's Industrial Relations Section can mediate a complaint. The published Ministry procedure sets a 14-day filing window and a SCR 50 registration fee; failed mediation produces a certificate. A claim before the Employment Tribunal normally concerns only the subject covered by mediation and must be filed within 30 days after failed mediation, with a SCR 200 registration fee. The Tribunal sits at the Judiciary Building on Ile Du Port in Victoria, Mahé. Proceedings and records are public, and representation may be by a trade union, employers' organization, lawyer or self-representation at the Chair's discretion. Remedies can include unpaid legal benefits, compensation, filing costs, fines and other orders; the maximum fine is SCR 40,000 and imprisonment may reach two years.