Over 200 Seychellois already out of work
The employment department yesterday disclosed that around 228 Seychellois have lost their jobs alongside 392 expatriate workers who now have to go back to their respective countries, due to the adverse economic impact of COVID-19.
A large majority of these workers who have been made redundant, both local and foreign, were working in the tourism sector.
The director general for labour relations, Steve Monnaie, made this known following a special meeting chaired by President Danny Faure at State House yesterday, attended by officials from the employment department, Ministry of Finance, Trade, Investment and Economic Planning, and the Seychelles Employee Transition Scheme (Sets).
It is to be noted that Sets became fully operational on July 1, 2020 under the directives of its former project manager, Guy Morel.
As per provisions in the Employment Act, 100 businesses applied to make their employees redundant during the period of March up to June.
Around 634 Seychellois are expected to be made redundant from these applications, Mr Monnaie provided, although the employment department has predicted that over 4,000 workers in total are expected to lose their employment during this health crisis.
So far, the employment department has approved 33 of these applications which have resulted into the 228 Seychellois and 392 expatriate redundancies.
“The tourism sector has been the most affected; we have received applications from several big hotels, self-catering apartments, car hires, souvenir shops and a few take-away outlets,” said Mr Monnaie.
Mr Monnaie has called on employers to explain to their employees, and write clearly on their applications to the employment department, the reasons why they are being made redundant.
He further stressed that employers should pay the redundant workers all of their benefits which includes one-month notice, accrued paid leave, salary up to the last date of employment and compensation for years of service.
“Redundancies come with a cost which is why the Central Bank of Seychelles has come up with a scheme to assist businesses to pay their redundancies packages. The law mandates that you pay your employee their dues. The introduction of Sets by the government, which will pay the redundant employees until December, does not remove an employer’s liability to pay you your benefits; it’s not Sets which will pay your benefits,” Mr Monnaie added.
The head of Sets, Guy Morel, yesterday further noted the scheme has received 177 applicants who have recently been made redundant, out of which 52 have already gained new employment.
Sets is a government-owned company tasked with re-skilling, training and placing Seychellois who lose their jobs in other sectors where there is a need for workers. These workers will receive a monthly allowance from the government from the Financial Assistance for Job Retention (FA4JR).
“We now have 125 persons registered on Sets who have started their one-week onboarding programme before they enter the job placement programme. We are receiving a lot of support from the private sector, government and non-governmental organisations (NGOs) that are partnering with us.”
Mr Morel noted that persons who have been made redundant are not obliged to embark on Sets.
Sets has also integrated eight of the recently unemployed Seychellois in its structure to undertake its administrative duties.
The company’s office is located at Room 2 at ICCS and can be reached on 4325333.
Elsie Pointe
Boosting effective decision-making and efficient usage of resources
According to various researches, transparency and accountability have emerged over the past decade as key ways to address both developmental failures and democratic deficits.
Good governance in the public sector on the other hand promotes effective decision making and efficient use of resources, and it strengthens accountability for the stewardship of those resources.
To enhance the good practice locally, the Productivity Unit within the employment department in collaboration with The Guy Morel Institute (TGMI) is hosting a two-day workshop gathering civil servants aimed at promoting effective decision-making and efficient usage of resources.
The training, which is being conducted by the executive director of the TGMI, Shella Mohideen, has as its main objectives the understanding of good governance and its value, the understanding of the importance of accountability and transparency, putting into practice the principles of good governance for better service delivery, identifying and managing risks for better public sector outcomes and also critically analysing existing governance practices.
Launching the two-day training yesterday, head of the Productivity Unit, Maryvonne Francis, noted that the training is part of the ongoing activities under the National Productivity Strategic Plan (NPSP) 2017-2021 in recognition of the importance of improving performance in all sectors, especially in the public sector.
She explained that productivity plays a leading role in economic growth, organisational performance, competitiveness and innovation.
Ms Francis further added that the training will further promote a culture of good governance by demonstrating its values through effective accountability framework.
This, she said, include determining goals, strategic planning, result-based budgeting, performance management and monitoring along with evaluation.
Among the different topics being covered are the clear understanding of the link between the organisation’s legal framework, mandate, mission and governance and on outcomes for citizens and service users, the understanding of governance roles and functions, and performing effectively in these defined functions and roles, promoting a culture of good governance by demonstrating the values of good governance through an effective accountability framework, developing rigorous systems for taking informed, transparent decisions and managing risk, developing good governance indicators in a framework for assessing good governance practice, understanding the essential linkages, coherence and integration within and across the RBM, assessing and developing the capacity and capability of people with governance responsibilities to ensure appointed civil servants have the skills, knowledge and mind-set required to perform at high level and also engaging stakeholders and making accountability real.
Roland Duval
Four new programmes added to Sets
President Danny Faure yesterday met with the team that will be in charge of the Seychelles Employee Transition Scheme (Sets), a temporary scheme to assist workers who will be made redundant.
The aim of the meeting which was also attended by the Minister for Employment, Immigration and Civil Status, Myriam Telemaque, was to discuss the addition of four new programmes that will work alongside Sets called the National Workers Preparatory Programme.
“The private sector has been affected greatly by COVID-19 and we expect a large number of people from that sector to lose their jobs and in the eventuality that we end up with a significant number of laid-off workers we will have these four programmes in place that will cater to them,” said Guy Morel, project manager for Sets.
Adding to this Mr Morel stated that these programmes will include social and public institution support, community, environment, and special public works. He noted the four programmes will complement the existing placement that we have targeted in the private sector, and will have a portfolio of services and activities that people will subscribe to.
Each programme will be headed by an advisor – Dotty Raforme will be in charge of special public works programme, while Denis Matatiken will head the environmental programme, Raymond Benstrong will have the community public programme and Susan Morel will have the supporting public and social institution portfolio.
“We have already set up a programme with skippers in the marine park where they have agreed to assist us in various activities that we will conduct. We also have a reforestation project on Praslin as well as office work such as log work in government entities,” added Mr Morel.
Over 4000 employees are set to lose their jobs and Mr Morel stated that he believes they will easily be able to place these workers in the appropriate area for the time being.
“It’s the first time that we are facing this problem and we must put all the resources at our disposal to solve this socio-economic problem,” he stated.
Aside from employees who are made redundant, those who are still being employed by their organisations but are sitting idle by will be welcomed on board to join the programme.
“This is a national problem we are facing and we must focus on solving this as we must help our brothers and sisters in their time of need. This problem will not be solved anytime soon so we must put these mechanisms in place in order to retain our socio-economic stability,” Mr Morel said.
Mr Morel explained that Sets expects to be operational from July 1 to December 31, 2020.
He noted that those who join Sets will be provided with financial support from the government in the form of payment of salaries. They expect to be paid their base salary which they were receiving prior to being let go.
Christophe Zialor
SPSF launches SADC labour laws online and at your fingertips
The SADC Private Sector Forum (SPSF) – the unifying voice on regional policies, priorities, issues, and programmes – has launched the ground-breaking SADC Labour Law Guide, an online tool that provides up-to-date labour laws from the region in one central location.
This first-of-its-kind digital resource is accessible on desktop, tablets, and mobiles and available in three languages – English, French and Portuguese.
In 2017, the SPSF, with the support of the International Labour Organisation (ILO),
set out to compile a Compendium of Labour Laws in the Southern African Development Community (SADC). Its goal was to create a single access point for all labour laws in the region and subsequently a greater understanding of employers’ legal obligations, promote decent work principles, improve compliance, and facilitate formal business, trade, and employment in and between SADC countries. The result – a standardised, updated and verified single
source to all labour laws in the region.
At a time when the need and use of online information and communication is greater than ever before, the online Labour Law Guide elevates African innovation and provides a welcome and competitive resource. It will no doubt
increase accessibility to labour laws which are integral to activity across sectors from agriculture to energy and from investment to trade.
“We are extremely excited to be at the forefront of an innovative African knowledge platform. The Labour Law Guide is impressive. As a resource it will have a huge impact on the future of work, as well as development and
sustainable growth on the continent as it will facilitate investment flow into our region,” said Dr Aggrey Mlimuka, SPSF chairperson.
What it does
The SADC Labour Law Guide brings together up-to-date labour laws from each of the SADC countries and allows users to search and deep dive into components of laws of any specific country, compare the laws in any two countries, or get a comparative SADC view. Search results can be easily downloaded or shared. The Guide provides access to information on fundamental rights, minimum standards legislation, labour institutions, foreign worker provisions, and social security provisions.
Along with the labour laws, the platform includes a purpose built COVID-19 dashboard. This provides access to regularly updated information under ten key ‘regulatory highlights’, from Enabling Laws to Health & Safety and Goods through Ports to Unemployment Relief, where the pandemic is leaving its mark. The dashboard is a comprehensive way to keep abreast of both in-country and regional responses and reactions to COVID-19. The information is compiled and maintained through the co-ordinated effort of major legal firms from across the region.
The dashboard also displays a comparative look at the state of COVID across SADC, Africa and the rest of the world.
Who is it for?
Sharing information and spreading ideas that work is key to strengthening the region. Through the Labour Law Guide SPSF upholds its mandate to support regional business and investment, promote compliance and decent work principles, and facilitate both trade and employment across SADC. It is therefore designed with investors, businesses institutions (from SMEs to major corporations), governments, labour organisations, academia, and students in mind.
Nathi Dlamini, Business Eswatini, chief executive, said, “The Labour Law Guide is the most ingenious and innovative knowledge platform in Africa. I am extremely proud to be associated with the project.”
The monumental cross-country collaborative effort, endorsed by SADC, is evidence of both the region’s and Africa’s potential.
About SPSF
The private sector is Africa’s engine of economic growth and development, creating jobs, generating income, and providing essential goods and services across the continent. The SPSF is the unifying voice of the SADC private
sector on regional policies, priorities, issues, and programmes. The organisation advocates for a business-friendly regional environment by engaging firstly with SADC and secondly with all other stakeholders, as necessary. The SPSF is a hub for SADC business-to-business networking. Its strategic location in the Business Botswana offices in Gaborone together with other tripartite constituents such as the SADC secretariat and the Southern African Trade Union Co-ordination Council (SATUCC), is an enabler for coordination of its mandate.
#SADCLabourLawGuide https://www.sadclabourlawguide.spsf.org.bw
Private sector learns more about new redundancy scheme Sets
Employees and stakeholders in the private sector yesterday took part in a meeting, coordinated by the Seychelles Chamber of Commerce and Industry, to learn more about the Seychelles Employee Transition Scheme, its structure and how it will discharge its mandate.
A temporary scheme to help workers who will lose their job as from July 1 up to December 2020, the Seychelles Employee Transition Scheme (Sets) is an emergency support mechanism put in place by the government to work alongside the Financial Assistance for Job Retention (FA4JR).
The number of Seychelles workers likely to lose their jobs in the private sector as from July 1 has been estimated to linger around 4,000 due to right-sizing in companies and potential businesses closing down because of the economic impact of COVID-19.
Twenty percent of small and medium enterprises are expected to fold.
Sets expects to gather these people who are made redundant – as well as the self-employed and business persons whose companies have shut down – under its umbrella to facilitate retraining, up-skilling, and temporary work placement services.
The scheme will not be available to persons who were made redundant prior to July 1 and persons who enter employment in the period between July 1, 2020 and December 1, 2020.
It is to be incorporated as a state-owned company under the patronage of the Ministry of Finance, Trade, Investment and Economic Planning and not the Ministry of Employment and Human Resource Development as most would have thought.
According to statistics from the last quarter of 2019, the private sector employs the most workers in the country with 37,409 employees compared to 10,513 persons working in the government and 7,882 in parastatals.
Nonetheless, Seychellois workers represent 48% of employees (17,985) in the private sector while expatriate workers make up 52% with 19,424.
Guy Morel, project manager for Sets, provided a detailed presentation on the scheme and was ready to answer the attendees’ questions, which were many.
Several persons expressed their confusion as to why Sets would be incorporated as a state company rather than a governmental organisation or department, or even as a foundation, as one lady suggested.
Mr Morel explained that the setting up of Sets as a company was easier, given the time constraint, compared to establishing a whole new government department which would entail various procedures involving the National Assembly.
“We felt that using the companies’ ordinance would be the fastest route to incorporate a legal entity to tackle this problem. The problem with if Sets was to become an association, is that it would pass up the right to decide on the National Assembly and the sponsor has very little control,” explained Mr Morel.
“Incorporating it as an SOE, with the state being the shareholder – the government being just a custodian – then we can get this entity up and running in the next few days. Sections 3 and 4 of the ordinance is very clear; it is possible to do that even though our mandate is not for profit.”
Some asked why Sets is needed at all since there are already programmes in place such as the Unemployment Relief Scheme (URS), My First Job, Skills Development and the newly introduced university graduate internship programme.
In response, Mr Morel said that all of these programmes have their specific target demographic and Sets targeted demographic would only consist of persons made redundant between July 1 and December 2020.
Given that the persons who join Sets will be paid their basic salary, without any fringe benefits and allowances, to be paid by FA4JR, several employers argued that FA4JR should continue to help companies pay their employees until December, in order for them not to be made redundant in the first place.
One person even queried whether Sets contravenes the terms and conditions which the budget for employment relief was approved for by the National Assembly.
Mr Morel stressed that it did not, since FA4JR would still be doling out salary payments while Sets would operate with minimal resources.
Sets will be conducting further meetings with other stakeholders as it prepares for its official launch on July 1.
Elsie Pointe
Temporary scheme to mitigate impacts of redundancies
As part of its emergency support programme to cushion the economic impact of COVID-19, the government is putting in place the Seychelles Employee Transition Scheme (Sets), a temporary scheme to assist workers who will be made redundant soon.
However unlike schemes such as the Unemployment Relief Scheme (URS), Sets will cater solely to Seychellois who will lose their jobs as from July 1 when employers will regain their legal ability to make their Seychellois workers redundant.
It has been predicted that existing programmes like the URS will be overwhelmed and will not have enough resources to deal with the large influx of people who will be made redundant.
This is where Sets expects to step in as a state owned company to facilitate retraining, up-skilling, and temporary work placement services.
Sets will also assist with re-entry into the labour market as job openings become available while providing financial support.
Sets expects to be incorporated as a fully-fledged company before the end of this month.
Guy Morel, who is facilitating the process, explained that Sets expects to be operational as from July 1, to end of December 31.
Aside from employees who are made redundant, those who were self-employed as well as business owners who have had to shut down their businesses due to economic hardship will also be welcomed onboard Sets.
“Sets will be the vehicle used to make the transition from employment to redundancy less painful for those affected,” Mr Morel highlighted.
He noted that those who join Sets will be provided with financial support from the government in the form of payment of salaries. They expect to be paid their base salary which they were receiving prior to being let go.
“The re-skilling will be done in partnership with professional centres and we have a wide portfolio of professional centres in Seychelles that can be part of our network,” Mr Morel explained.
“But also we will use the window period between July and December to prepare Seychellois workers for potential work that could be available as a result of organisations re-structuring their expatriate workers, taking into consideration that we have almost 20,000 work posts currently occupied by expatriates. The opportunities are there but we simply have to match the right talents with the right posts.”
Mr Morel noted that Sets’ network and partnership will also include organisations in the private sector, civil society and government to manage this “quite complex socio economic situation” that is inevitable.
Sets’ operational strategy is to take in around a dozen persons who will become redundant as from July to help run the company, who will be paid their base salary as well.
It expects to operate at “minimal cost” by making use of district administration centres in the districts where it plans to set up offices – Anse Royale, La Digue, Praslin – and a government-owned location for its Victoria headquarters.
Elsie Pointe
Graduates to follow internship programme in relation to available jobs
Due to scarcity of jobs on the local market as a result of the coronavirus (COVID-19) pandemic, the Ministry of Employment, Immigration and Civil Status, in collaboration with the Agency for Social Protection (ASP), will as from July 1, 2020 be introducing a new internship scheme for returning and local based graduates.
The scheme, acting as a safety net, will allow the graduates to work temporarily, though not in their related field of study, for an allowance of R8550 per month until relevant jobs in their field of study are available.
Post-secondary students will also be on an internship programme and they will receive an allowance of R5800 as part of their participation on the programme. The two internship programmes will start on July 1, 2020. The graduates and post-secondary students will be chanelled in sectors where at the moment job availability is high and if possible they will be placed in their areas of study.
It was the director general for employment promotions, Letimie Doogley, who made the statement after attending the usual post COVID-19 employment meeting for key stakeholders held every Tuesday and chaired by President Danny Faure.
In a press briefing at State House Annex, Mrs Doogley said that, among other employment matters discussed included the setting up of the Seychelles Employee Transition Scheme (SETS) for the re-skilling of workers who have and would further lose their jobs. Part of the discussion was centered on the current employment programmes of the employment department, in relation to returning and local university graduates and for post-secondary students.
She noted that the meeting had allowed the employment department to present its proposals in relation to employment incentives in its three on-going programmes, notably My First Job Scheme (targeting youths from professional centres), the Skills Development Programme (targeting youths between 15 years old and 30 years old) and the Unemployment Relief Scheme (targeting vulnerable people).
She further noted that the idea is to place as many people as possible, especially the youths, in employment, given the situation on the labour market in post COVID-19.
Other than the internship programme to start soon, she claimed that 2000 people are currently on all of those three programmes.
She noted that all the allowance schemes under those programmes have been adjusted. As example, she said that areas for job internships include restaurants, bars, take-aways, construction, delivery service and IT among others.
She claimed that participants on the internship programme will have to abide by set conditions among which is if they refuse to attend the internship programme or a job on offer, they will be removed from the progamme.
She noted that apart from the on-the-job training, participants on the internship programme will also benefit from assistance by The Guy Morel Institute.
She claimed that there are monitoring mechanisms in place to safeguard the smooth running of the internship programme.
The chief executive of ASP, Marcus Simeon, who was also present at the employment stakeholders meeting, said that due to the turnaround in the economy, the government has put in place measures and structures to protect employees still on the job and those looking for a job but are seeking assistance from the agency.
He added that people should not capitalise on the financial assistance given to them by government through staying at home and doing nothing but to make it their duty to work for the benefit of the country’s economy when they are offered a job opportunity.
Mr Simeon said that now is the time for people in employment to thrive to secure their jobs even though faced with the possibility of salary cuts, because the tendency shows that it will be difficult for someone to be reinstated in the same job as some else could have filled that post.
He said that 3000 people have registered as being unemployed and are seeking financial assistance from ASP. He noted that 10 to 15% of the 3000 people seeking assistance from ASP are on methadone.
Apart from President Faure, the private sector and trade unions, the meeting at State House yesterday morning was also attended by the Minister for Finance, Trade, Investment and Economic Planning Maurice Loustau-Lalanne, the Minister for Employment, Immigration and Civil Status Myriam Telemaque, the Minister for Tourism, Civil Aviation, Ports & Marine Didier Dogley and other top officials from the employment and tourism departments.
The meeting continued with the inclusion of representatives from the health and police department and from the Division of Risk and Disaster Management (DRDM) to discuss strategies to further help businesses.
Patrick Joubert
New measures to minimise the effect of COVID-19 on the world of work
The COVID-19 pandemic is greatly affecting the world of work thus threatening the livelihood of many all over the world. Without quick and appropriate response on the part of governments, this could lead to grave economic downturn with many workers losing their jobs. In order to prevent a situation where our citizens are terribly affected in this process, the Ministry has quickly stepped in with several measures to cushion the effect of the pandemic on our workers.
After several discussions with its tripartite partners, workers and employers Unions, as well as representatives from the private sector, the Ministry has amended the Employment Act, 1995 and introduced a temporary GOP framework to allow businesses to plan and re-adapt to the current economic situation being faced by our country and for the Ministry to ensure that priority of employment remains for Seychellois.
The law and framework have been devised alongside the different employment programmes in existence and to be introduced to ensure the wellbeing of our citizens in this current economic climate.
Where the Employment (Amendment) Act, 2020 is concerned, employers who have received support from the government cannot retain or reduce the salary of a worker, both Seychellois and non-Seychellois, without first initiating the negotiation procedure with the Ministry of Employment, Immigration and Civil Status. To note that any approval by the Competent Officer of the Ministry on the subject-matter will not have effect before the 30th June 2020, meaning that the employer can issue notice of termination to the worker but the effective date of termination can only be after the month of June.
Likewise, where salary support has been forthcoming, the employer cannot lay-off or make redundant a worker, without first initiating the negotiation procedure. In this instance, it is only for Seychellois employees that the employer will not be able to take action until 1st July 2020, if the application is approved by the Competent Officer. For their non-Seychellois employees they can action the approval anytime, but respecting the different timeframes provided in the Employment Act 1995.
Employers who have not received salary support from the government may negotiate with a worker to retain or reduce the salary without having to initiate the negotiation procedure first but, however, if the worker is aggrieved by the decision of the employer, the worker may initiate the grievance procedure with the Ministry of Employment, Immigration & Civil Status. When it comes to lay-off and redundancy, however, the employer is required to initiate the negotiation procedure but may action any approval from the Competent Officer in accordance with the Employment Act 1995.
In all situations, that is, whether the employer has been assisted or not, when it comes to lay-off and redundancy of workers, when there is a Seychellois and non-Seychellois occupying a similar post in the organization, the employer will not be allowed to take such action against the Seychellois employee.
As for the temporary GOP Framework it comprise of firstly, extension of GOP, which applies to employer who decides not to renew the GOP of its Non- Seychellois worker. However, because many international airports are currently closed the worker cannot depart the country. An extension for up to 3 months will be provided to legalise the stay of the worker in the country and to give ample time for repatriation after re-opening of the International airports. Due to the force majeure situation, the extension of the GOP will be free of charge and the process can be done from 01st July until 31st December 2020. Further extensions of one month will be evaluated on a case to case basis, if borders are still closed. All GOP extension applications are to be done directly with the Immigration Department. With this arrangement, the employer will still be responsible to provide shelter and food to the workers, as applicable. Should it wish to continue to use the services of the Non-Seychellois worker while taking care of its upkeep, this should be under a contract of employment and all terms and conditions under employment and other applicable laws shall apply.
For the employer who would like to renew the GOP of its workers currently in the country or overseas, they may apply directly to the Immigration Department, on condition that the post is not on the localization plan and the organization is operating within its quota. For organizations that are below their quota, no labour market test is required, that is, it does not have to advertise the post first. Applications will be accepted with GOP expiring within 6 weeks, and all immigration fees will be applicable. The Immigration Department will refer organizations operating above their quota to the Employment Department to follow the normal procedure of advertising the post. Therefore, in order to avoid any inconvenience, employers are encouraged to go directly to the Employment Department with their requests if they know that they are operating above their quota. To note that this particular process will be re-visited in consultation with the private sector in August 2020 after proper assessment of the local labour market is undertaken by the Ministry.
Between 1st July 2020 to 30th June 2021, employers who have laid-off Non-Seychellois workers in the country or overseas, due to COVID-19 and wish to revalidate their GOP to cover unused period spent away from work on lay-off need to submit their applications directly to the Immigration Department. To note that the GOPs must be valid in order to apply for revalidation and the correct procedure for lay-off under the Employment Act, 1995 has been followed. Employers also need notify the Employment Department of their intentions after the specified period of lay-off as to whether it will prolonged, in case that the business will partially or wholly operational or apply for redundancy.
Employers with Non-Seychellois workers on existing GOPs which are currently out of the country due to border closure must write to the Employment Department by 30th June 2020 to inform which of the non-Seychellois workers will remain in their organization, or will only return for the purpose of collecting their personal belonging. Permission to return will be granted by the Public Health Authority. Employers are reminded that they are still required to follow the correct procedures under the Employment Act 1995 if at any point they want to terminate the contract of employment of any of their workers, including those currently overseas.
Non-Seychellois workers made redundant cannot be re-employed by the same employer unless 6 months has elapsed from date of termination. An employer wishing to fill a redundant post by a non-Seychellois has to apply to the Employment Department for approval by using the normal post application procedure.
Given that many businesses are experiencing a reduction in business thus going through some financial hardship, the Ministry is allowing employers who are no longer able to retain their non-Seychellois workers to be moved to another employer, with the non-Seychellois’ consent, without requiring the non-Seychellois worker to leave the country. This new arrangement will only be allowed for a short period, between 1st July to 31st December 2020. To note that the employer has to first terminate the contract of the non-Seychellois worker, going through the normal procedures under the Employment Act, 1995 with payment of all benefits due. The employer also retains the responsibility of providing food and shelter to the Non-Seychellois worker until a new GOP with the next employer is issued.
The new employer wishing to take on board the non-Seychellois has to go through the normal process of applying for the post with the Employment Department that would include provision of proof of accommodation, projects or contracts where applicable. The post has to be advertised and only if a local is not available to take up would the post be approved. The post has to be an identical one that the non-Seychellois worker was occupying with the previous employer with same qualifications and experience. Any agreement between the two employers, including repatriation of the worker, has to be done in writing and submitted to the Employment Department when the application is being made.
The Ministry is counting on the cooperation of all workers and employers to see that the framework meets its general objectives. Anyone who is affected by any decisions or observes or comes to know of any actions that go contrary to the spirit of the new Employment (Amendment) Act, 2020 and GOP framework should call our hotline 2804041/4303930 or email us: This email address is being protected from spambots. You need JavaScript enabled to view it..
Fourth consultative session chaired by President Danny Faure with key representatives of government and private sector
New GOP framework discussed
A new gainful occupation permit framework related to COVID-19, strategies required to be in place beyond July 1 and proposals for the way forward for national programmes and employment schemes were some of the points discussed during yesterday’s fourth consultative session.
President Danny Faure chaired the session with key representatives of government and private sector at State House.
The meeting was a follow-up of previous consultative sessions held between the respective sectors regarding the economic response to COVID-19.
The meeting was centered on feedback from the Central Bank of Seychelles and Ministry of Finance, Trade, Investment and Economic Planning regarding points raised last Tuesday, and the presentation of a new gainful occupation permit (GOP) framework related to COVID-19 by the Ministry of Employment, Immigration and Civil Status.
The members also discussed strategies required to be in place beyond July 1 and proposals for the way forward for national programmes and employment schemes. The implementation of the Financial Assistance for Job Retention programme (FA4JR) was also reviewed.
Various decisions were made and approved during that meeting. After the meeting, Employment, Immigration and Civil Status Minister Myriam Telemaque, employment principal secretary Jules Baker, Seychelles Chamber of Commerce and Industry (SCCI) chairman Oliver Bastienne, Seychelles Hotel and Tourism Association (SHTA) chairperson Sybille Cardon and the representative of the General Employer of Trade Union of Seychelles (GETUS), Tina Hoareau met with the press to give an update on the decisions taken.
Minister Telemaque gave a detailed explanation on all measures related to GOPs and expatriate workers.
1. Extension of GOPs
a) If an employer decides not to renew the GOP of its non-Seychellois worker, an extension of the GOP will be provided for up to three months, to legalise status of the worker in the country (giving ample time for repatriation after re-opening of the international airport).
b) The employer must provide food and shelter for the worker.
c) Extension of the GOP will be free of charge due to force majeure from July 1, 2020 to December 31, 2020 and medical certificate for the worker in the country will not be required.
d) If the employer wishes to continue to use the services of the non-Seychellois worker, it should be done under a contract of employment and all terms and conditions under employment and other applicable laws shall apply.
e) GOP extension will be applicable only until repatriation of the worker between the period of July 1 and December 31, 2020. Further extension of one month will be evaluated on a case by case basis, if border closure.
f) The extension application is to be done directly with the immigration department.
2. Renewal of GOPs
a) Employers who would like to renew GOPs of its workers currently in the country or overseas, may apply directly to the immigration department, on condition that the post is not on the localisation plan and the organisation is within its quota. If companies are operating above the quota, the immigration department shall refer the businesses to the employment department to follow the normal procedure to test the labour market.
b) No labour market test is required until December 2020 for organisations below quota.
c) All immigration fees will be applicable.
d) Immigration department will accept applications with GOP expiring within six weeks and less
e) Government to meet with private sector to revisit the conditions early August 2020 after proper assessment of the local labour market.
3. Revalidation of GOPs
a) Employers who have laid-off non-Seychellois workers in the country or overseas, due to COVID-19 and wish to revalidate the GOPs to cover unused period spent away from work on lay-off, may do so between July 1, 2020 and June 30, 2021.
b) Application is to be submitted directly to immigration department.
c) GOPs must be valid. No request for revalidation will be considered as from July 1, 2021.
d) It must be noted that employers who wish to lay-off workers on GOP will require approval from the employment department and the timeframe of the lay-off will be determined by the competent officer but shall not be more than six months.
e) An employer shall notify the employment department of his intention after the specified period of the lay-off as to whether the lay-off will be prolonged, the business will be partially or wholly operational or apply for redundancy.
4. Redundancy of non-Seychellois workers
Employers who have made redundant non-Seychellois workers and wish to re-employ the same workers, may submit a new application to employment department by following the normal procedure of labour market test. An application to recruit the same non-Seychellois worker may not be submitted six months before the redundancy approval has elapsed.
5. Non-Seychellois workers on existing GOP and out of the country due to border closure
a) These employers must write to employment department by June 30, 2020 to inform which of the non-Seychellois workers will be maintained in their organisation, or needs to return only for purpose of collecting their personal belongings.
b) Permission to return to Seychelles will be granted by the ministry based on guidelines from the Public Health Authority.
6. Change of employers by non-Seychellois workers
Employers wishing to move their non-Seychellois workers within their different businesses or with another employer will be allowed to do so from July 1 until December 31, 2020 on the condition that:
a) The second employer shall go through the normal process of testing the labour market and shall provide feedback to the employment department on the applications and process of interviews.
b) If no Seychellois is available the second employer may apply to the employment department to recruit a non-Seychellois worker after having agreed with the first employer.
c) Conditions of the move is agreed in writing by the two employers and agreement is attached with application when submitting to the employment department.
d) The worker also gives his or her consent to the change of employer in writing and agreement is attached with application.
e) The non-Seychellois is moved into identical post with same qualification and experience.
f) The non-Seychellois remains the responsibility of the first employer until the second employer is issued with a GOP for the non-Seychellois worker.
g) The new employer shall provide proof of accommodation. In the case of construction and security services, the new employer shall provide proof of project or contract.
h) First employer must pay all legal benefits to the non-Seychellois worker prior to moving to second employer.
i) The new employer shall submit a new contract of employment to the employment department for attestation.
7. Localisation
a) If a non-Seychellois worker is made redundant and the post features on the localisation plan, the local understudy shall take up the position if ready and still available.
b) It was recommended for discussion on challenges of localisation to continue in a forum.
8. Certificate of Entitlement
Certificate of Entitlement (COE) to be maintained based on conditions which will be further discussed between the Ministry of Employment, Immigration and Civil Status and Seychelles Hotel and Tourism Association (SHTA).
Employment (Amendment) Act 2020,
PS Baker talked about the Employment (Amendment) Act 2020 which was assented to by President Faure on June 1 and gazetted yesterday. “Three new sections have been proposed. The Amendment to the Employment Act regulates the deferment of payment, and reduction of the wages of a worker pending the termination of the government programme for salary support to workers as a result of the COVID-19 pandemic. The Amendment to the Employment Act also regulates the deferment of payment, and reduction of the wages of a worker during the period of government programme for salary support to workers as a result of the COVID-19 pandemic. The Amendment also restricts the lay-off or redundancy of Seychellois workers in certain circumstances. It also provides that any approval given by a competent officer to temporary lay off a Seychellois worker or terminate the employment of a Seychellois worker on grounds of redundancy in certain circumstances shall not take effect prior to July 1, 2020.”
SCCI chairperson Oliver Bastienne: “Positive deliberations”
Mr Bastienne said that “with regards to the discussions we had this morning at State House, we have all agreed on the importance of having foreign workers in our organisations. I believe the deliberations have been extremely positive and the GOP framework that has been formalised by us in collaboration with the government is fair and balanced. We had solid deliberations in regard to the importance of developing, skilling and training of Seychellois workforce as we move forward. We also talked about how to ensure various programmes and schemes in place in regards to unemployment. We are still in discussions with that and we hope that we can get more clarity in the coming days. The second component we discussed was about the Central Bank of Seychelles’ relief scheme. From our perspective we shared our views and we are still in discussion with the Bankers Association and it is very important that all actors understand each other and we hope next week we can get more concrete announcement. Under this tripartite, we put a proposal in regards to the micro and small enterprise, especially those who have limitations and cannot access these funds. We have to really isolate and look at them differently. We also talked about the FA4JR and the survey did by the SCCI and how we are working with the committee to present our findings. We are also proposing that the committee meets with the different business associations as there might be different issues with the different businesses.”
GETUSrepresentative Tina Hoareau: “Historic moment in Seychelles”
“GETUS would like to thank the government for listening to our recommendations that we have been discussing for the last three weeks. It has been a wonderful collaboration and we appreciate that our points have been taken into consideration in the new GOP framework. COVID-19 should not be looked at negatively and we have to find the positivity in that. This created a new forum/opportunity for private sector, civil society and the government to work together and move forward. We looked at the issues together and worked on them together to find solutions. The Employment Act also reflects the views of the private sector. Regarding the assistance from the FA4JR, we still find some issues but it is work in progress and we can see some light at the end of the tunnel. We can say that this is a historic moment in Seychelles where finally the tripartite is working shoulder to shoulder.”
SHTA chairperson Sybille Cardon: “We would like to see the same procedure for major decisions”
“This, I think, is the first time we are all working together and we would like to see the same procedures for upcoming issues when the government needs to take decisions. Tourism is the main industry in the country and in order for the hotels and guest houses to have a better vision of the future they need to know what will happen with their expats and to make plan accordingly when we will bounce back. Next week, we will have another meeting with the President to see what to do with staff who will be laid off or made redundant and how we can assist with training. It is not something that we want to see, but it is important for some businesses to come up with campaigns to make use of the personnel. We also have to talk about the re-opening of our borders. I know this is a sensitive subject, but we have to realise that tourism is a major component of the workforce in Seychelles. We have to start establishing procedures together with the department of health in order to prepare ourselves.”
Present for the meeting at State House yesterday morning were Employment, Immigration and Civil Status Minister Telemaque, Attorney General Frank Ally, employment principal secretary Jules Baker, employment special advisor Veronique Bresson, employment chief policy analyst Susan Morel, Seychelles’ Federation of Workers’ Union (SFWU) secretary general Antoine Robinson, General Employer of Trade Union of Seychelles (GETUS) executive secretary Tina Hoarau, SHTA chairperson Sybille Cardon, SHTA vice-chairperson Allen Mason, SCCI chairperson Oliver Bastienne, SCCI representative Maria Stevens, Praslin Business Association representative Paul Rouillon, and La Digue Business Association representative Jose St Ange.
The next consultative session will be held next Tuesday June 9, 2020.
Vidya Gappy
President Faure assents to Employment (Amendment) Act 2020
President Danny Faure has assented to the Employment (Amendment) Act 2020, which was approved by the National Assembly on May 19, 2020.
The Amendment to the Employment Act (Cap 69) regulates the deferment of payment, and reduction of the wages of a worker pending the termination of the government programme for salary support to workers as a result of the COVID-19 pandemic.
The Amendment to the Employment Act (Cap 69) also regulates the deferment of payment, and reduction of the wages of a worker during the period of government programme for salary support to workers as a result of the COVID-19 pandemic.
The Amendment also restricts the lay-off or redundancy of Seychellois workers in certain circumstances. It also provides that any approval given by a competent officer to temporary lay off a Seychellois worker or terminate the employment of a Seychellois worker on grounds of redundancy in certain circumstances shall not take effect prior to July 1, 2020.
Press release from the Office of the President
