Employer in Seychelles

Seychelles has no separate employer authority. The employer function is performed by the relevant working organisation, including private companies, public bodies, domestic employers, hotels, tourism businesses and stevedoring organisations. The main legal framework includes the Employment Act 1995, Cap. 69, as amended through Act 19 of 2025, the Employment (Conditions of Employment) Regulations 1991, the Occupational Health and Safety Decree, Cap. 151, and the Industrial Relations Act 1994. The Ministry of Employment and Human Resource Planning and its Employment Department handle employment services, labour migration, industrial relations, labour monitoring and compliance. Other responsibilities are divided between the Immigration Authority, Seychelles Revenue Commission (SRC), Seychelles Pension Fund (SPF), Seychelles Licensing Authority (SLA), Employment Tribunal and Occupational Safety Board. National rules apply across Mahé, Praslin and La Digue; no separate regional or municipal employer system is evidenced. An employer can advertise a vacancy publicly, use Employment Services or engage a licensed Private Employment Agency (PEA). A local vacancy advertisement must generally appear in a local daily newspaper for at least three consecutive days and state the requirements, qualifications, basic terms, salary and benefits. A PEA may charge its fee directly to the employer. For a non-Seychellois worker, the employer normally applies first and must show that no available Seychellois worker can fill the position. The application can require the prescribed form, Establishment List, respondents, licence or incorporation documents, the worker's CV, salary evidence, an accommodation certificate and, where relevant, a localisation, succession or training plan. Approval usually takes at least three and up to nine working days. An appeal may be filed within seven working days. The employer then proceeds with the Immigration Authority for a Gainful Occupation Permit (GOP), the permit allowing a non-Seychellois worker to perform the approved job for the approved employer. The worker may work only for that employer and position. The employment contract is fixed-term, and after one month the Ministry must attest it with a GOP copy; the attestation fee is SCR 750 per contract. Employing someone without a valid GOP can expose the employer to a SCR 20,000 fine, while assisting or condoning unauthorised employment can attract up to SCR 40,000. Late renewal carries a SCR 400 surcharge per day. The employer must provide a written contract, give the worker a copy, state probation expressly and obtain the worker's consent for contract changes. Probation normally cannot exceed six months unless authorised. The employer keeps payment records and provides payslips, grants applicable leave, pays overtime and public-holiday rates, observes rest periods and issues a certificate of employment within 21 days after employment ends. The employer must maintain an internal discipline and grievance procedure. A lawful investigation should precede disciplinary action. Possible measures include a written warning, recovery for property loss, a wage deduction for absence within statutory limits, withholding a merit increase, redeployment, demotion, unpaid suspension for up to 14 days, termination with notice or payment in lieu, and instant dismissal for a serious offence. A worker may give an explanation and receive support from a fellow employee, trade-union officer or shop steward. Employment generally starts at age 15. Workers under 18 are generally barred from hotels, guest-houses, tourist accommodation, restaurants, shops, bars, nightclubs, entertainment venues, ships and aircraft, although a Competent Officer may give written approval for some workers aged 15 to 17. From 1 April 2025, the national minimum wage is SCR 40.95 per regular hour and SCR 47.19 per casual hour, equivalent to about SCR 6,210.75 per month for a 35-hour week. For shift workers, overtime is paid at 1.5 times the ordinary rate on weekdays and Sundays and three times the ordinary rate on public holidays, subject to exemptions. Working time is generally limited to 60 hours per week, or 72 hours for a watchman, subject to applicable exemptions. Annual leave is 21 days for each 12-month period, excluding Saturdays, Sundays and public holidays. The statutory leave framework also provides four days of paid compassionate leave, 21 days of paid sick leave and 16 weeks of paid maternity leave, including at least 12 weeks after confinement. Authorised leave must not be used as a negative performance measure. The statutory 13th-month benefit mainly covers eligible Seychellois workers below the prescribed salary threshold. Current private-sector guidance identifies a basic salary threshold of SCR 45,450, requires full payment without a performance deduction and sets payment by 31 January of the following year. Published exclusions include non-Seychellois workers, Skills Development trainees and probationers. Pro-rata payment can apply when qualifying employment ends before 31 December, subject to exclusions for probation resignation, unsatisfactory performance or a serious disciplinary offence. An employer may voluntarily pay workers who are otherwise excluded or above the threshold. The employer withholds income tax and files the monthly BAS or payroll return, including non-taxable salaries, with the SRC. Remittance is due by the 21st of the following month, and the payslip must disclose the tax information. The employer remains liable for unpaid withholding and penalties. Tax on non-monetary benefits is generally employer-borne at 15% from 1 January 2023, subject to statutory valuations and exemptions for benefits such as accommodation, meals, transport and insurance. The employer registers with the SPF, deducts 5% of each worker's gross monthly salary and contributes a matching 5%; the total remittance is 10% and is due by the 21st of the following month. The salary base includes monetary allowances and commissions where the applicable rules require it. Workplace safety requires risk controls, safety signs, safe working systems and an internal accident record and investigation. The employer reports an occupational accident within 48 hours and reports a death immediately. Safety Officers and Safety Representatives perform relevant workplace functions, while the Ministry's Labour Monitoring and Compliance service conducts routine, follow-up, complaint, occupational-accident and joint inspections. The Occupational Safety Board and the Ministry provide oversight; no separate private-sector occupational safety regulator is evidenced. Workers may be represented by trade unions, shop stewards or employer organisations. The National Consultative Committee on Employment (NCCE) is a tripartite advisory body bringing together government, worker and employer interests. Collective bargaining and collective agreements are permitted. The Industrial Relations Section can assist with negotiation, mediation and conciliation. Group strike action is tied to union participation and the process under the Industrial Relations Act rather than an informal standalone protest. A workplace grievance normally begins through the internal procedure where one exists. If Ministry mediation fails, the worker may receive a certificate and file with the Employment Tribunal within a maximum of 30 days. The Tribunal fee is SCR 200. An employer may be represented by an employers' organisation or lawyer. Available remedies can include legal benefits, compensation, costs, a fine or another order, and the maximum imprisonment is two years. When closure, suspension, efficiency restructuring, new technology, lay-off, redundancy or termination affects workers, the employer follows the Negotiation Procedure. The employer normally notifies the Chief Executive at least 42 days before the intended notice and consults affected workers. The Competent Officer generally issues a determination within 14 days, and the employer waits 21 days after that determination before giving notice. A ministerial appeal ruling can take up to 42 days. Application fees are SCR 300 for one to five workers, SCR 700 for six to 20, SCR 800 for 21 to 50 and SCR 1,000 for 51 or more. Compensation follows Regulation 24. A Seychellois worker should not be made redundant or laid off while a comparable non-Seychellois worker remains without using the procedure for the latter. A business transfer can trigger worker compensation and notification to the Chief Executive within one month. Tourism and hospitality employers face especially frequent relevance of labour-market testing, GOP compliance, payroll, leave, safety and restructuring rules.