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 30^th 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 1^st 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 01^st July until 31^st 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 1^st July 2020 to 30^th 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 30^th 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 1^st July to 31^st 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..