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Seychelles - Working time - 2011


LAST UPDATE

6 December 2011

SOURCES


Name of Act

Employment Act 1995, Act 2 of 1995, incorporating amendments up to Act 4 of 2006. Published by the Employment Department of the Ministry of Education, Employment and Human Resources at http://www.employment.gov.sc/docs/acts/EMPLOYMENT_ACT_Electronic.pdf and accessed 5 December 2011.

Name of Act

Conditions of Employment Regulations 1991, Statutory Instrument 34 of 1991, incorporating amendments up to Statutory Instrument 9 of 2006. Published by the Employment Department of the Ministry of Education, Employment and Human Resources at http://www.employment.gov.sc/docs/acts/Employment_Act_Reg_Electronic_1991.pdf and accessed 5 December 2011.

See further amendment made by Employment (Conditions of Employment) (Amendment) Regulations 2007, Statutory Instrument 49 of 2007, attached separately.

Other source used

List of Public Holidays in the Seychelles. Published by the Central Bank of Seychelles at http://www.cbs.sc/publicholidays.html and accessed 6 December 2011.

LEGAL DEFINITIONS


Working time/working hours

Working time in relation to a worker means any period during which the worker is performing his duties or is at the employer’s disposal for performing duties and includes any period during which the worker is undergoing training.
Conditions of Employment Regulations 1991 §2

Employee/worker

Worker means a person of the age 15 years and above in employment in Seychelles, or on a Seychelles ship or aircraft, or employed in Seychelles for service in an agency of the Government or diplomatic mission of Seychelles abroad, and a trainee.

Persons following into any of the following categories are deemed trainees for the purposes of the Employment Act 1995:
(a) persons employed as trainees on an employer’s training scheme in respect of the whole period of their training;
(b) untrained workers in occupations for which a training course is readily available until they have completed their training;
(c) participants in apprenticeship schemes.
Employment Act 1995 §§2, 27

Employer

Employer means a person having a worker in the employ of that person or, where that person is absent from Seychelles, the accredited representative in Seychelles of that person, and, other than in Part III of the Employment Act 1995, means also the manager, agent or other responsible person acting on behalf of the employer.
Employment Act 1995 §2

Part-time work(er)

Part-time worker means a worker other than a casual worker who works for the same employer for a period less than 25 hours a week or irrespective of the period of work for a period less than 3 days a week.
Conditions of Employment Regulations 1991 §2

Shift work(er)

Shift-worker means a worker engaged in an occupation which, by reason of its nature, requires the regular attendance and attention of personnel.
Conditions of Employment Regulations 1991 §2

Domestic worker

Domestic worker means any person serving in, or attached as a worker to, a private household.
Employment Act 1995 §2

Young worker

Young person means means a person who is not less than 15 years and not more than 18 years of age.
Employment Act 1995 §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

An employer shall not require a worker to work for more than 12 hours per day.
Conditions of Employment Regulations 1991 §3(1)(b)
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Exceptions

Watchmen are excluded from the 12 hour daily working time limit. Further, the Minister may specify a different limitation on working hours in respect of any occupation by notice in the Gazette.
Conditions of Employment Regulations 1991 §3(1)(a)

Weekly hours limit


General limit

An employer shall not require a worker to work for more than 60 hours per week.
Conditions of Employment Regulations 1991 §3(1)(b)
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Exceptions

Watchmen may be required to work up to 72 hours in a week. Further, the Minister may specify a different limitation on working hours in respect of any occupation by notice in the Gazette.
Conditions of Employment Regulations 1991 §§3(1)(a), 3(3)

OVERTIME WORK


Criteria for overtime


General

A worker, other than watchman, may be required by his or her employer to work overtime in exceptional circumstances.
Conditions of Employment Regulations 1991 §6(1)(b)
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Worker`s influence

A worker, other than a watchman, may agree to work overtime.
Conditions of Employment Regulations 1991 §6(1)(a)

Limits on overtime hours


General limits

A worker may agree or be required to work for up to 60 additional hours per month, or an aggregate of 15 additional hours per week.
Conditions of Employment Regulations 1991 §6

Restrictions/exceptions

No restrictions on or exceptions to the limitation on overtime identified.

Compensation for overtime work


Overtime rate(s)

Workers, other than watchmen and shift-workers, are to be paid the following rates for overtime worked:
(i) 1 ½ hours’ pay for 1 hour’s overtime worked on a weekday;
(ii) 2 hours’ pay for 1 hour’s overtime worked on a weekly rest day or public holiday.
Conditions of Employment Regulations 1991 §§3, 6(2)(a)

Exceptions

Shift-workers are to be paid at the following rates for overtime worked:
(i) 1½ hours’ pay for 1 hour’s overtime worked on a week-day or Sunday;
(ii) 3 hours’ pay for 1 hour’s overtime worked on a public holiday.
Conditions of Employment Regulations 1991 §6(2)(b)

Compensatory rest

The employer may give the worker time off equivalent to not more than two-thirds of the number of hours worked as overtime in lieu of payment, unless the employer and the worker agree to convert any part or all of the overtime hours worked in cash.
Conditions of Employment Regulations 1991 §6(2)

Compensation procedure

No relevant provisions identified.

Notice of requirement to work overtime


General provisions

No relevant provisions identified.

Special categories


Shift work

Shift-workers are to be paid at the following rates for overtime worked:
(i) 1½ hours’ pay for 1 hour’s overtime worked on a week-day or Sunday;
(ii) 3 hours’ pay for 1 hour’s overtime worked on a public holiday.
Conditions of Employment Regulations 1991 §6(2)(b)

Pregnant workers/recent birth

A female worker shall not be employed on overtime work from the time she is 6 months pregnant and up to 3 months after her confinement.
Conditions of Employment Regulations 1991 §23(1)

SCHEDULES


General

No relevant provisions identified.

REST PERIODS


Rest breaks


General provisions

No express provision for rest break entitlements identified. However, the Conditions of Employment Regulations indicate that the daily and weekly working time limits include an aggregate of a half-hour’s break per day (but excludes any longer break which may be given for meals or any other purpose).
Conditions of Employment Regulations 1991 §3(2)

Daily rest periods


Duration

An employer shall ensure that there is an interval of at least 8 consecutive hours between the end of a daily shift and the beginning of the next shift, provided that where a daily shift is divided into 2 parts the interval may be reduced proportionately.
Conditions of Employment Regulations 1991 §4

Exceptions

No exceptions identified.

Weekly rest periods


Duration


» General

An employer shall grant to his worker at least 24 consecutive hours’ rest in any period of 7 days.
Conditions of Employment Regulations 1991 §4

» Exceptions

No exceptions identified.

Day specified


» General

No day specified by statute.

Work on weekly rest day


» Criteria

No criteria is imposed on requiring a watchman, shift-worker or essential services worker to work on weekly rest days. Requiring any other category of worker to work on weekly rest days is prohibited.
Conditions of Employment Regulations 1991 §5

» Compensation (for working on a rest day)

A worker, other than a shift-worker or a watchman, who works on a holiday is entitled to double-pay for that day, or to an alternative holiday, at the option of the employer.
Conditions of Employment Regulations 1991 §5(2)
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» Prohibitions and limitations

An employer shall not require a worker to work on weekly rest days, unless the worker is a watchman or a shift-worker or works in an essential service.
Conditions of Employment Regulations 1991 §§3, 5(1)
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ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

No qualifying period identified.

Duration


» General

A worker is entitled to 21 days’ paid annual leave or, where the employment is for less than a year, to 1.75 days for each month of employment, the aggregate number of days being rounded up upon addition to the highest integer.
Conditions of Employment Regulations 1991 §9(1)
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» Exceptions

The duration of annual leave varies for part-time and casual workers, according to the number of hours or consecutive days that they work.

Further, the leave entitlement of the worker in any year may be converted into cash payable in that year where it is mutually agreed between an employer and a worker.
Conditions of Employment Regulations 1991 §9(1), (4), (6), (7)
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Payment


» Amount

Annual leave shall be paid. No provisions regulating the payment of annual leave taken by a worker identified. However, accumulated annual leave entitlements that are to be paid out by mutual agreement between the parties shall be paid as follows:

Salary per year x Number of days entitled / Number of days per year = Cash entitlement on account of leave not taken

Provided that any accumulated leave in excess of 42 days shall be paid at one and a half times the normal pay.
Conditions of Employment Regulations 1991 §9(1), (8)

» Date of payment

No provisions regulating the payment of annual leave taken by a worker identified. However, accumulated annual leave entitlements that are to be paid out by mutual agreement between the parties shall be paid in the year that the entitlement arises.
Conditions of Employment Regulations 1991 §9(4)

Schedule and splitting

The annual leave entitlement is to be taken each year by mutual arrangement between employer and worker. However, the employer shall ensure that a worker engaged by him under a contract of continuous employment or under a contract for a fixed term which lasts for a year or more, takes a minimum period of 14 consecutive days’ leave in a year, unless the worker has agreed to accumulate his leave entitlement.

Leave not taken in a year may be accumulated.
Conditions of Employment Regulations 1991 §9(2), (3)

Work during annual leave

No relevant provisions identified.

Special categories


» Part-time work

A part-time worker is entitled to leave in the proportion which the number of hours worked by him bears to the number of hours which a full time worker in the same occupation would have worked.
Conditions of Employment Regulations 1991 §9(6)

PUBLIC HOLIDAYS


Number and dates

The Central Bank of the Seychelles reports the following 11 public holidays (12 days in total):
1. New Year’s Day - January 1 & 2
2. Good Friday - April 10
3. Labour Day - May 1
4. Liberation Day - June 5
5. Corpus Christi - June 11
6. National Day - June 18
7. Independence Day - June 29
8. Assumption - August 15
9. All Saints Day - November 1
10. Immaculate Conception - December 8
11. Christmas Day - December 25
Public Holidays - Central Bank of Seychelles

Payment

No relevant provisions identified. A copy of the Public Holidays Act 1976 (Act 19 of 1976) was not available at the time of writing.

Work on Public Holidays


» Criteria

No criteria is imposed on requiring a watchman, shift-worker or essential services worker to work on public holidays. Requiring any other category of worker to work on public holidays is prohibited.
Conditions of Employment Regulations 1991 §§3, 5

» Compensation

A worker, other than a shift-worker or a watchman, who works on a public holiday is entitled to double-pay for that day, or to an alternative holiday, at the option of the employer.

A shift-worker or watchman who works on a public holiday is entitled to double pay for that day, or to an alternative holiday, at the option of the employer.
Conditions of Employment Regulations 1991 §5(2), (3)

EMERGENCY FAMILY LEAVE

A worker, other than a part-time or casual worker, may take up to 30 days of paid sick leave, and up to 60 days of unpaid sick leave, in any 12 month period to care for his or her child or other dependant, where:
(i) the worker’s child is under 12 years of age and medically certified sick and a medical practitioner or authorised official recommends that the worker attends the child; or
(ii) any other person who is dependent on the worker is medically certified sick and a social worker certifies that the sick person requires the attendance of the worker.

Further, wherever a worker loses a very close relative or there are other compassionate reasons which require the presence or attendance of the worker, he shall be entitled to compassionate leave. Where such leave is in excess of 4 days in a period of 12 months, the excess may either be unpaid or, at the discretion of the employer, may be deducted from the worker’s entitlement to annual leave.

Finally, a worker shall be allowed reasonable time off work, with or without pay at the discretion of the employer, to attend to matters which cannot normally be attended to except during the worker’s working hours.
Conditions of Employment Regulations 1991 §§10, 12(1), 12(2)

PART-TIME WORK


General provisions

No relevant provisions identified.

Limits


Daily hours limit

No relevant provisions specific to part-time workers identified.

Weekly hours limit

No relevant provisions specific to part-time workers identified.
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Overtime work

No relevant provisions specific to part-time workers identified.

Schedule

No relevant provisions identified.

Rest breaks

No relevant provisions identified.

Daily rest period

No relevant provisions specific to part-time workers identified.

Weekly rest period

No relevant provisions specific to part-time workers identified.

Annual leave

A part-time worker is entitled to leave in the proportion which the number of hours worked by him bears to the number of hours which a full time worker in the same occupation would have worked.
Conditions of Employment Regulations 1991 §9(6)

Right to equal treatment


Right/scope

No relevant provisions identified.

NIGHT WORK


Criteria for night work

The only provision identified regulating night work is a prohibition on employing pregnant women and recent mothers between 10pm and 5am.
Conditions of Employment Regulations 1991 §23(1)

Special categories


Pregnant workers/recent birth

A female worker shall not be employed at night between the hours of 10pm and 5am from the time she is 6 months pregnant and up to 3 months after her confinement.
Conditions of Employment Regulations 1991 §23(1)

SHIFT WORK


Criteria for shift work

The only criteria identified is derived from the definition of shift-worker, being a worker engaged in an occupation which, by reason of its nature, requires the regular attendance and attention of personnel.
Conditions of Employment Regulations 1991 §2

Limits


Daily hours limit

The 12 hour daily limit applies to shift-workers.
Conditions of Employment Regulations 1991 §3(1)(b)

Weekly limit

The 60 hour weekly limit applies to shift-workers.
Conditions of Employment Regulations 1991 §3(1)(b)

Overtime work

The overtime limits of 15 additional hours per week and 60 additional hours per month apply to shift-workers.
Conditions of Employment Regulations 1991 §6

Schedule

No relevant provisions identified.

Rest breaks

No relevant provisions identified.

Daily rest period

An employer shall also ensure that there is an interval of at least 8 consecutive hours between the end of a daily shift and the beginning of the next shift, provided that where a daily shift is divided into 2 parts the interval may be reduced proportionately.
Conditions of Employment Regulations 1991 §4

Weekly rest period

An employer may require a shift-worker to work on weekly rest days. No additional penalty rate shall be payable, unless the shift-worker works overtime or the rest day coincides with a public holiday.
Conditions of Employment Regulations 1991 §§5, 6(2)(b)

ON-CALL WORK


Criteria

No provisions regulating on-call work identified.

FLEXITIME


Criteria

No provisions regulating flexitime arrangements identified.

CASUAL WORK


General provisions

Casual workers are those persons, engaged by the day and from day to day, who are paid on a daily basis and whose engagement by one and the same employer does not exceed 21 consecutive days customary in the business in which the worker is engaged.

Further, an employer shall not employ a casual worker, whether it be the same or another worker, for a period longer than 3 months or such other longer period authorised by a competent officer.
Employment Act 1995 §§2, 25(2)

Normal hours limit

The normal hours limits apply to casual workers.
Conditions of Employment Regulations 1991 §3(1)

Overtime work

The overtime provisions apply to casual workers.
Conditions of Employment Regulations 1991 §6

Schedules

No relevant provisions identified.

Rest periods

The daily and weekly rest period entitlements apply to casual workers.

Annual leave

A casual worker who has worked for the same employer for 5 consecutive days is entitled in respect of every such 5 days to half of his day’s pay in lieu of leave.
Conditions of Employment Regulations 1991 §9(7)

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions regulating short-time work or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No provisions establishing a right to change working hours identified.

INFORMATION & CONSULTATION


Information

A contract of employment entered into by an employer with any worker other than a casual worker must be reduced to writing and specify as accurately as possible the number of working hours per week and, where applicable, the requirement for overtime work.

A copy of the contract must be given to the worker.
Conditions of Employment Regulations 1991 §§21, 22

Consultation

No relevant provisions identified.

Results generated on: 31st October 2014 at 23:14:20.
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