Employment-New rules now in force |21 March 2006

The changes, which came into effect yesterday, were made by the Minister for Economic Planning and Employment, Jacquelin Dugasse, in line with what President James Michel announced in the State-of-the-Nation Address last month.

The principal secretary for Employment, Jean Ragain, said this yesterday, noting that tripartite consultations between the government, employers and workers were made before the changes.

“We are continually looking at ways of improving working conditions.  The review of the Employment Act is being undertaken to that end,” President Michel announced in his address on February 28.

Yesterday, Mr Ragain said that the entire Act is under review, but changes to be implemented need to go through the National Assembly for approval.

“However, the minister is empowered by the law to make changes in the regulations, and this is what he has now done,” Mr Ragain said.

He said that to attract more Seychellois and foreigners to invest in the country, the Investment Code was formulated with the creation of the Seychelles Investment Bureau.

It was found necessary, however, to review other legislation to support investment because the Code alone would not suffice save if its provisions are synchronised with those of other laws.

He said that some of the changes are aimed at bringing flexibility in employment which will lead to productivity increase, for example, workers and employers can now negotiate payment of one third of the workers’ leave without the interference of the Employment Department as was previously the case.

He also said that workers earning more than R4,100 can now be eligible for overtime work, and additional employment over and above the standard 48 hours per week is now not prohibited.

“Previously, the law prohibited a worker from taking on employment with another employer and an employer to employ a worker already in employment if the total hours of employment would exceed 48 hours,” the PS said.

A worker must, nevertheless, enjoy a daily rest of at least eight consecutive hours between ending and recommencing work.

Mr Ragain said that whereas Saturday was loosely taken to be a working day, it will now expressly be determined that it is not a working day, while annual leave will be counted as 21 working days, excluding Sundays, Saturdays and public holidays.

The PS also said that law prohibiting employment of young persons has been amended and trainees following recognised courses who work under supervision of their trainers may be allowed to work even if they have not attained the age of 18 years.