In Seychelles, there are several valid reasons for an employer to lawfully terminate an employee's contract. These include misconduct, such as serious breaches of discipline like insubordination, theft, violence, or gross negligence. Redundancy, due to economic hardship or restructuring within a company, is another valid reason. Incapacity, which includes illness, disability, or poor performance that significantly affects the employee's ability to carry out their duties, can also lead to termination. Lastly, the expiration of a fixed-term contract naturally ends the employment.

Seychelles Employment Act of 1995

The Seychelles Employment Act of 1995 outlines the rules surrounding employment contracts and terminations. It emphasizes the importance of fair and due process. Employers must follow a fair process before dismissal, which includes providing a written reason for termination, an opportunity for the employee to defend themselves, and the option to appeal a decision.

Notice Requirements

The notice periods for termination in Seychelles depend on the worker's employment status as described in the Employment Act of 1995. A casual worker requires one day's notice, a worker on probation requires seven days' notice, a Seychellois worker on a continuous contract requires one month's notice, and a non-Seychellois worker (not casual or on probation) requires a notice period as specified in the employment contract, or one month's notice if no period is agreed upon in the contract.

Severance Pay

Seychelles law mandates severance pay under certain conditions of termination. The Employment Act of 1995 stipulates that if termination is due to redundancy or the employer's fault, the employee is entitled to severance pay calculated at five-sixths of one day's wage for each completed month of service for continuous contracts, and double this rate for fixed-term contracts. If termination is attributable to the employee, the employer may provide a reduced severance package or none at all, at the discretion of a designated competent officer.

In Seychelles, the primary legal frameworks that protect against discrimination include the Constitution of Seychelles and the Employment Act of 1995. Article 27 of the Constitution guarantees fundamental rights and freedoms, including the right to equality before the law and equal protection. It also explicitly outlaws discrimination on various grounds. The Employment Act of 1995 prohibits discrimination in all aspects of employment.

The specific protected characteristics under these laws include race, color, sex, disability, HIV/AIDS status, religion, political opinion, national origin, social origin, sexual orientation, and gender identity.

Redress Mechanisms

If an individual experiences discrimination in Seychelles, they have several available redress mechanisms. Most workplaces have a grievance procedure outlined in an employee handbook or contract. The first step is usually to raise a formal complaint within the organization. The Employment Tribunal handles a significant volume of employment-related disputes, including discrimination claims. In some cases, an individual may choose to bypass the Employment Tribunal and file a claim directly with the civil court system of Seychelles.

Employer Responsibilities

Employers in Seychelles have a legal obligation to uphold anti-discrimination laws. Their key responsibilities include implementing anti-discrimination policies, providing employees with ongoing training on anti-discrimination law, company policies, and appropriate conduct, ensuring recruitment and hiring processes are objective and free from any form of bias, fostering a workplace culture where respect, dignity, and equality are actively promoted, and establishing procedures for swiftly and fairly handling complaints of discrimination within the workplace.

In Seychelles, the Employment Act (1990) and the Conditions of Employment Regulations (1991) set the minimum standards for working conditions.

Work Hours

The standard workweek is 40 hours, from Monday to Friday. The maximum daily working hours are 8 hours. Overtime is allowed with the consent of the employee and must be compensated according to additional pay regulations.

Rest Periods

Employees are entitled to a minimum of one hour for lunch. Although the regulations do not explicitly mandate short breaks throughout the workday, they are encouraged.

Ergonomic Requirements

While the regulations do not specifically mention ergonomic requirements, employers are generally required to ensure the health, safety, and welfare of their employees at work. This could be interpreted as a requirement for employers to provide a reasonably ergonomic work environment to prevent discomfort and injury.

The Seychelles is committed to ensuring a safe work environment for all employees, with the Occupational Safety and Health Decree (OSHD) serving as the cornerstone for workplace health and safety regulations. This decree details the responsibilities of both employers and employees and sets up enforcement mechanisms.

Employer Obligations

The OSHD places significant responsibility on employers to ensure a safe work environment. Some key employer obligations include:

• Providing a Safe Workplace: Employers are required to keep the workplace in a safe condition, free from risks. This includes ensuring safe building structures, machinery, and equipment.
• Information, Instruction, and Training: Employers are obligated to provide employees with the necessary information, instructions, and training to work safely. This includes keeping employees informed about potential hazards associated with their tasks and proper safety procedures.
• Personal Protective Equipment (PPE): Employers must provide and maintain appropriate PPE for employees when necessary. This could include items like safety glasses, gloves, respirators, or ear protection.
• Risk Management: Employers have a duty to identify and assess potential workplace hazards and implement measures to eliminate or minimize risks.

Employee Rights

The OSHD also empowers employees with rights concerning workplace health and safety:

• Safe Work Environment: Employees have the right to work in a safe environment free from unnecessary risks.
• Reporting Hazards: Employees have the right to report any identified hazards in the workplace to their employer without fear of reprisal.
• Refusal of Unsafe Work: Employees have the right to refuse work they believe is unsafe, provided they have reasonable justification for their concern.
• Safe Work Practices: Employees are obligated to follow established safe work practices and procedures and utilize the provided PPE.

Enforcement Agencies

The Ministry of Employment and Social Affairs (MESA) is the primary government body responsible for enforcing the OSHD. MESA has the authority to appoint Occupational Safety and Health Officers to conduct workplace inspections and enforce regulations. These officers can issue improvement notices requiring employers to address safety deficiencies and take enforcement actions in case of non-compliance.