Getus gives reaction to series of strikes by employees |28 December 2020

The General Employer Trade Union of Seychelles (Getus) has expressed its concern with regard to the series of strikes that had been taking place in the country during the past weeks.

Getus says that firstly all these illegal assemblies are in breach of the Industrial relation Act thus, as a serious union, it firmly supports the registrar of Trade Union and Ministry of Employment statements during the televised debate that all employees/workers should always comply and act in conformity with the law at all times.

“These unlawful assemblies are also a health concern especially now during the Covid-19 pandemic over and above putting extra pressure on their employers who are already financially stressed in that present economic situation.

1. The industrial relation act 96 A , :

• section 52, point 1 subsection ii, the dispute needs to be reported to the Minister under section 46. And that under subsection iii, 45 days have elapsed since the date the report was received by the minister under section 46 and the dispute has not been settled by a board (this also applies to management)

• There are other conditions under the act that employee and employer should become familiar with to avoid any illegal procedures.

2. The Public Health (Infectious Diseases) Regulations Orders, (from Public Health Act 2015, in vigor since 3rd May 2020) : (Quote) In furtherance of the Order and in accordance with regulation 9, 11 and 12 of the Public Health (Infectious Disease) Regulations, 1960 — 1. Every person shall refrain from engaging in or taking part in public assemblies, whether outdoor or indoor

“Getus would like to state that while employers need to ensure that their employees are correctly remunerated however we also insist that all employees should respect and abide by the law and all legal procedures. We reiterate that while the employees are making any demands they should not violate the employer’s legal rights in the process. Getus is available to assist and advice any employer that requires our assistance and guidance,” a communiqué from Getus says.

It is important to mention that, The Industrial relation act under section 56, state that a person who, in connection with any strike or lock-out which is unlawful – is guilty of an offence and liable to a fine of R5,000 and to imprisonment for 6 months.

Furthermore, a person who ceases work or refuses to continue work is breaching the employment contract and the employer has the right to take disciplinary action. (refer to section 57. Notwithstanding any other written law, an employee shall not be entitled to any wages, salary or allowance in respect of any day during which the person takes part or assists in a strike)

During his swearing in ceremony President Ramkalawan stated (quote) “nobody is above the law and the rule of law will remain as one pillar of our democracy”. (end of quote) This is a call to all respective authorities to enforce the laws with regard to unlawful assembly as these could even escalate to a further economic crisis.

Getus emphasises on the importance of continuous communication between employers/management and employee (social dialogue) whereby issues or concerns that will directly impact the employee and/or the employer can be discussed in a civil manner and agreed upon. In the event that they cannot reach a common ground then again there are procedures to be followed, and a strike shall be the last resort after all negotiation have failed. This is in line with procedures established under the Industrial Relation Act 96A.

1. Since government has announced the suspension of the 13th month salary therefore at the moment there are no legal obligations on any employers however Getus will encourage employers that feel they have the ability to give productive employees any form of bonuses please do so as this will also motivate their employees further.

2. Consequent of Covid-19 pandemic most employers in the private sector have been seriously affected financially and needless to say this has caused major adverse effects to their cash flow and operation in general which has even caused government to intervene with financial assistance to minimise redundancy.

To conclude we all need to understand that 2020 has been a very difficult year in general for all employers and businesses therefore we all need to be realistic and agree that presently we are not operating anymore like we used to, we are in the “NEW NORMAL” and we all have to adapt and make certain sacrifices until the situation improves.

While we understand the employee’s frustrations, however we also need to bear in mind the present difficulties employers/businesses are also facing due to the impact of Covid-19 pandemic. This can even result in the bankruptcy of certain businesses which may result in considerable amount of employees losing their jobs/salary additionally government losing revenues.

Getus as an employers trade union is available to assist any employers that require our advice and guidance like our motto states: “The Voice of Seychelles Employers”.

Communique from Getus