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FAQ


FAQ

Frequently asked questions for the Labour Migration Section

1. Can any non-Seychellois apply for a post to work in Seychelles?

No, all applications should be done through a prospective employer except where the person is:
 

  • A shareholder to the company
  • A director / owner to the company
  • Self-employed persons in specific areas

2. What is the procedure for recruiting a non-Seychellois worker?

The Applicant must:

(a) advertise the post in a local newspaper or through a Private Employment Agency

(b) show proof there is no local candidate available. 

(c) fill a standard Application Form (Downloadable Form HERE)

(d) submit the form duly completed and copy of the advert to the Director for Labour Migration in the Ministry of Labour and Human Resource Development

 

NOTE: An employer who employs a non-Seychellois without complying with (a) and (b) is guilty of an offence under Section 76(2) (a) and is liable to a fine of SR20, 000 under Section 77(1) of the Employment Act 1995.

 

3. What are the relevant documents you should attach with the application form?

  • Proof of vacancy advert (More Info)
  • List of respondents to the advert
  • Updated Establishment List with all information as required on the form
  • CV of prospective post-holder, if already known
  • Business License issued by Seychelles Licensing Authority, where applicable (Link)
  • Company’s Certificate of Incorporation
  • Copy of Gainful Occupation Permit (G.O.P) in the case of renewal applications
  • Marriage Certificate if married to a Citizen of Seychelles
  • Evidence of salary payment (where applicable)
  • List of approved projects and their duration (where applicable)
  • Accommodation Certificate from Ministry of Health
  • Localization/Succession plan and/or training plan (where applicable)

4. How long does it take for approval of post to be granted?

The applicant shall be notified of the decision in a minimum period of 3 working days and a maximum period of 9 working days, provided that all the above requirements are met.

5. What are the next steps when approval of post has been granted?

  • The applicant should liaise with the Immigration Authority for issuance of the Gainful Occupation Permit (G.O.P.). A non-Seychellois should not be engaged in any employment other than for the post and with the Employer/Applicant as approved.

 

  • After one month of employing the non-Seychellois, the applicant should submit one original and three copies of the contract of employment to the Ministry of Labour and Human Resource Development for attestation, together with a copy of the G.O.P issued by the Immigration Authority, plus an attestation fee of SR750.00 per person.

 

NOTE: An employer who employs a non-Seychellois worker without ensuring that the contract of employment, which must be a fixed term contract, is attested by the Ministry of Labour and Human Resource Development or without ensuring that the worker ceases to be in the employment of the employer, unless the contract is, subject to the procedure of employing a non-Seychellois worker, extended or renewed, is guilty of an offence under Section 76(2) (a) of the Employment Act 1995 and liable to fine of SR 20, 000 under Section 77(1).

6. Can you appeal if approval of post has not been granted?

Yes. You may appeal to the Minister for Labour and Human Resource Development within a period of 7 working days from the date of the decision. An employer who fails to appeal within the specified time frame loses the right to appeal.

 

Employers are advised that the timeframe to submit another application once the appeal process is over is 6 months and above.

7. What happens when a non-Seychellois workers’ G.O.P is revoked, has expired or fails to comply with the conditions ?

The person may become a Prohibited Immigrant (PI) under Section (19) 1(d) and may face repatriation or deportation to their home country under Section 23 (2) (b) of the Immigration Decree (1979).

 

8. What constitutes as an offence for a non-Seychellois under the Employment Act 1995?

  • Under the Seychelles Immigration Decree and the Employment Act 1995, it is an offence for a non- Seychellois to engage in any kind of employment without a valid Gainful Occupation Permit.

 

  • A non-Seychellois should not be engaged in any employment other than for the post and with the Employer/Applicant as approved.

9. What penalties are issued to anyone found in breach of the conditions outline in the Employment Act 1995?

  • Any person who is found guilty for such an offence and any person who condones or assists any non- Seychellois to be gainfully occupied without a valid Gainful Occupation Permit shall be liable to a fine of SR 40,000 (Section 77 (2) of Employment Act 1995)
  • A surcharge of SR 400 per day may be imposed in the case where an application for the renewal of the validity of a G.O.P is submitted after the expiry of the current G.O.P (section 77 (3) Employment Act 1995).
  • Repatriation / deportation

The person may become a Prohibited Immigrant (PI)

Section (19) 1(d) and Section 23 (2) (b) Immigration Decree (1979)

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