Seychelles Employment Law Review

Apr 2022

SCCI wants to create an enabling environment conducive to the growth of all businesses, equal opportunities to gather cutting edge skills for all our workforce who can aspire to be part of building a competitive Seychelles.

Labour and employment laws and related policies have been identified as one of the critical barriers to ease of doing business in Seychelles. The highly regulated, inflexible, and lack of adaptive mechanism of the existing laws and regulations surfaced during the COVID-19 pandemic when companies and employers were struggling to survive but unable to innovate and exercise discretion in a timely and effective manner to face the unexpected economic shock.

Given the rapid changes in the country’s economic landscape, especially with the impact of the COVID-19 pandemic, the way people work has changed. While effort has been focused on the economy and job recovery, changes have occurred in the workplaces due to lockdowns, safety concerns, and diversification. For example, working from home or remote work has become a new normal. Other aspects of work arrangements, such as employment and contractual relationships, time and performance management, remuneration and benefits, safety and health, are also affected.

It is important that we have an updated, flexible and balance employment legislation that addresses and meets all parties’ needs, taking into account the realities of the world of work today and preparing us for the changing future of work. Reform in our labour law is necessary to create an enabling environment to facilitate productivity and enterprise growth whilst ensuring fair working conditions, good labour relations and effective social dialogue. The enhanced job security, economic efficiency and well-being will enable us to move forward in this global arena and foster a competitive working environment.

The Seychelles Chamber of Commerce and Industry (SCCI) applauds the Government’s initiative on employment law reform. To support the Government effort, SCCI has established a working committee consisting of legal and employment experts, business owners and human resource practitioners and conducted a member survey on employment law review. Given the time limitation, SCCI has managed to survey forty-five enterprises between March 16-30, 2021.

The following proposals have been drafted based on desk research by the working committee, outcomes of the member survey, inputs from members’ association and member enterprise and outcomes of the discussion among members of the working committee, particularly on:

  • Employment Act 1995,
  • Employment (conditions of Employment) Regulations 1991,
  • Employment Bill 2016,
  • White Papers of the Ministry of Labour and Human Resources Development and the Ministry of Employment, Entrepreneurship Development and Business Innovation on the Employment Bill.
  • International Labour Organisation (ILO) Conventions
  • Employment laws in others jurisdiction, and
  • the changing needs in the world of work.

Based on the above, the Chamber has put forward the following proposals, outlining the private sector’s position on the various issues identified. The proposals are drafted and arranged in accordance with the structure of the Employment Act 1995 and Employment (Conditions of Employment) Regulations 1991, and referring to the relevant sections in the Act and regulations, including the sections in the Employment Bill 2016. This submission focuses on critical issues at this stage. The Chamber will be providing more inputs in the later consultation stage, including review of the new law.