Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Seychelles (Ratification: 1978)

The Committee notes the Government’s reports and the attached documents.

Articles 1 and 3 of the Convention. The Committee notes the Government’s indication that an Employment Task Force has been formed under the Ministry of Social Affairs and Manpower Development to study the purpose and objectives of a minimum wage-fixing machinery which will then be placed before the National Tripartite Employment and Labour Council (NTELC) for discussion with the social partners and other relevant stakeholders. The Committee also notes from the Government’s report that the Seychelles Workers Union is currently preparing a detailed paper on the establishment of a wage-fixing system to be submitted to the NTELC for discussion at its next sitting.

While taking note of the Government’s statement that there exist no formal minimum wage-fixing machinery in the country, the Committee is bound to observe that national legislation does provide for an institutionalized procedure whereby minimum rates of wages can be fixed in the form of either a national minimum wage for all workers or mandatory wages in respect of specific occupational categories. More concretely, the Committee draws attention to section 40(1) of the Employment Act, 1995 (Act No. 2 of 1995), which stipulates that the Minister of Social Affairs and Manpower Development may, after consultation with the unions, the employers’ organizations and such other representatives of workers of any category who are not members of any union whom the Minister considers it fit to consult, make regulations prescribing the statutory wages to be paid to workers by employers. The Committee understands, however, that the Government has not made use of this legislative arrangement and therefore no minimum wage regulations have been issued so far.

In this connection, the Committee recalls that by ratifying the Convention the Government has undertaken not only to ensure legislative conformity with the provisions of the Convention, but also to operate effectively a minimum wage fixing machinery in practice, while being free to decide its nature and form, especially by associating the employers and workers concerned in its functioning. The Committee hopes that the Government will take the necessary steps to give practical effect to the minimum wage-fixing system laid down in its labour legislation and would appreciate receiving copies of any ministerial regulations adopted pursuant to section 40(2) of the Employment Act, 1995, as well as copies of any collective agreements establishing minimum wage rates for specific categories of workers.

Article 5 of the Convention and Part V of the report form. The Committee notes the Government’s indication that although there exist no formal minimum wage-fixing machinery, it has been customary to set in the private sector minimum wages comparable to, and in some cases even higher than, those prescribed for government employees. The Committee requests the Government to continue to provide all available information on the evolution of the minimum wage rates applicable to workers in the public and private sectors, the approximate number of workers concerned, and the activities of inspection services with regard to the enforcement of the average national minimum wage norm currently in force.