In Seychelles, the Employment Act outlines the legal framework for employment contracts. There are four main types of employment agreements defined by the Act.

Fixed-Term Contracts

Fixed-term contracts are for a predetermined period of employment. The specific duration of the contract should be clearly outlined in the agreement. These contracts are often used for temporary positions, project-based work, or seasonal employment.

Indefinite-Term Contracts

Indefinite-term contracts, also known as contracts of continuous employment, are for an unspecified duration and are considered the standard form of employment in Seychelles. These contracts continue until terminated by either the employer or the employee, following the legal notice periods outlined in the Act.

Part-Time Employment Contracts

Part-time employment contracts are for employees who work less than the standard full-time hours per week. These contracts should clearly define the specific working hours and schedule of the employee.

Casual Employment Contracts

Casual employment contracts are for short-term, irregular work arrangements. These contracts typically offer minimal benefits and protections compared to other employment agreements. Employers are only required to provide one day's notice for termination of a casual worker's contract.

An employment agreement in Seychelles should clearly outline the terms and conditions of employment to protect both the employer and the employee. Here are the essential clauses to consider:

Parties to the Agreement

The agreement should clearly identify the employer and the employee, including their full names and contact information. It should also reference the Seychelles laws governing employment contracts, such as the Employment Act, 2008.

Commencement of Employment

The start date of employment should be specified in the agreement.

Job Description & Duties

The employee's job title, role, and primary responsibilities should be clearly defined. Any relevant qualifications or experience required for the position should also be referenced.

Remuneration & Benefits

The agreement should specify the employee's salary amount, including currency and frequency of payment. It should also detail any benefits offered, such as health insurance, allowances, or paid leave entitlements, in accordance with the Employment Act.

Working Hours & Leave

The standard working hours per week and any overtime pay regulations should be established. The employee's leave entitlements, including annual leave, sick leave, and public holidays, should be outlined as mandated by the Employment Act.

Termination Clause

The grounds for termination by either party, with notice periods as outlined in the Employment Act, should be defined. A clause addressing termination due to redundancy should be included, following the Seychelles Termination of Employment on Redundancy Regulations, 2008.

Dispute Resolution

A process for resolving any disagreements arising from the employment contract should be established. This could involve internal mediation or recourse to the Seychelles Labour Court.

Governing Law & Jurisdiction

The agreement should specify that it is subject to the laws of Seychelles and that any disputes will be settled in the Seychellois courts.

Probationary periods are a standard feature in Seychelles employment agreements, providing a chance for both employers and employees to evaluate compatibility during the early stages of employment.

Legality and Duration

The Employment Act 1995 of Seychelles recognizes the legality of probationary periods in employment contracts. However, the Act does not stipulate a required duration.

Common Practices

Although there is no legal maximum, a typical probationary period in Seychelles usually lasts for one month. This period allows employers to assess an employee's performance, skills, and fit within the company culture.

Notice Periods During Probation

The notice period for terminating an employment contract varies based on the employee's probationary status. If an employer chooses to terminate an employee on probation, they only need to provide seven days' notice.

On the other hand, an employee on probation who wants to leave the position must also give seven days' notice.

Key Points

• Probationary periods are legal in Seychelles employment agreements.
• There's no mandated maximum duration, but one month is a common practice.
• Notice periods are shorter during probation.

In Seychelles, the legal framework regarding confidentiality and non-compete clauses within employment agreements is not explicitly defined in a single piece of legislation. However, general principles derived from contract law and labor laws provide some guidance.

Confidentiality Clauses

Confidentiality clauses aim to protect an employer's confidential information, such as trade secrets, client lists, or marketing strategies. These clauses are generally considered enforceable in Seychelles. The courts will likely uphold such clauses as long as:

• The information identified as confidential is genuinely confidential and not publicly known.
• The scope of the clause is reasonable in terms of the type of information protected and the duration of the restriction.

Non-Compete Clauses

Non-compete clauses restrict an employee's ability to work for a competitor after leaving the company. Their legal standing in Seychelles is less certain due to the absence of specific legislation addressing their enforceability. However, courts might assess them based on principles of reasonableness.

When evaluating a non-compete clause, a court might consider the following factors:

• Legitimate Interest: Does the employer have a legitimate interest to protect, such as trade secrets or confidential information?
• Geographical Scope: Are the geographical restrictions imposed on the employee reasonable? A nationwide ban might be excessive in a small island nation like Seychelles.
• Time Period: Is the duration of the non-compete clause reasonable? An extended period could unfairly restrict the employee's ability to earn a living.