Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Seychelles (Ratification: 1978)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Association of Seychelles Employers (ASE) and of the Seychelles Federation of Workers’ Unions (SFWU) regarding the application of Conventions Nos 26 and 99 (minimum wage fixing machinery) communicated with the Government’s reports. In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment.

Articles 1 and 2 of Convention No. 26 and Article 1 of Convention No. 99. Scope of application. The Committee notes that, in reply to its previous request for information on the practical application of section 6 of the Employment (National Minimum Wage) Regulations 2007, which provides that the Minister in charge of employment matters may exempt any worker or category of workers from the application of these Regulations, the Government indicates that during the reporting period no exceptions were made in the application of this provision. The Committee also notes that, in reply to its previous request concerning the treatment of foreign workers, the Government indicates that the 2014 National Employment Policy adopted with ILO technical assistance includes a strategy on migration, foreign labour and localization with the aim of promoting equal pay for work of equal value regardless of nationality at all levels and that a national labour migration policy is under development.

Article 3(2) of Convention No. 26 and Article 3(3) of Convention No. 99. Participation of social partners in the operation of the minimum wage fixing machinery. The Committee notes that, in reply to its previous request on this matter, the Government indicates that a working group, consisting of the Ministry of Finance, the Central Bank and the National Bureau of Statistics, assesses the economic indicators in order to determine the inflation rate and advises the Government on the necessity for any increase in the minimum wage. The Committee also notes that, while section 40 of the Employment Act provides for consultations with social partners in the determination of the minimum wage, the observations from the ASE and the SFWU indicate that such consultations are not ensured in practice. The Committee therefore requests the Government to take the necessary measures to ensure that employers’ and workers’ organizations are effectively consulted in connection with the operation of the minimum wage fixing machinery and to provide information in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 3 of the Convention. Scope of minimum wage fixing machinery – Consultations with the social partners. The Committee requests the Government to refer to the comments made under the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Partial payment of minimum wages in the form of allowances in kind. The Committee notes the Government’s indication that the regulations referred to in section 40(2)(d) and (3)(d) of the Employment Act, 1995 concerning the partial payment of wages in kind have not yet been issued. It requests the Government to keep the Office informed of any progress made in this regard and to transmit a copy of those regulations once they are adopted.

The Committee also requests the Government to refer to other points raised under Convention No. 26.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 3 of the Convention. Further to its previous comments on this point, the Committee notes the Government’s indication that the President has recently requested the Government to take the necessary action to set up the minimum wage fixing machinery and establish a national minimum wage, while the Ministry of Social Affairs and Employment has been instructed to prepare, in consultation with the employers’ and workers’ organizations and other stakeholders, proposals as to how the system of minimum wages should work. The Committee hopes that the Government will take without any further delay appropriate steps pursuant to section 40(2) of the Employment Act, 1995 to give full effect to the requirements of the Convention, and ventures to suggest that the Government might consider having recourse to the technical assistance of the Office. It asks the Government to keep it informed of any development in this regard.

Article 2. In the absence of any response provided on this matter, the Committee is obliged to renew its request for clarification as to whether any measures, legislative or others, have been taken or are envisaged in order to regulate the partial payment of wages in the form of allowances in kind, which is referred to in section 40(2)(d) of the Employment Act, in accordance with the requirements of this Article of the Convention.

Article 5 and Part V of the report form. The Committee notes the statistical information, supplied by the Government in an earlier report regarding the application of Convention No. 26, concerning the evolution of average monthly earnings during the period 1984–98 by sector and occupational category, including agriculture, forestry and fishing. The Committee requests the Government to continue to collect and communicate up to date information on the occupations and approximate number of workers covered by this Convention and the minimum rates of wages applicable.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report.

Articles 1 and 3 of the Convention. Further to its previous comments on this point, the Committee notes the Government’s indication that the President has recently requested the Government to take the necessary action to set up the minimum wage fixing machinery and establish a national minimum wage, while the Ministry of Social Affairs and Employment has been instructed to prepare, in consultation with the employers’ and workers’ organizations and other stakeholders, proposals as to how the system of minimum wages should work. The Committee hopes that the Government will take without any further delay appropriate steps pursuant to section 40(2) of the Employment Act, 1995 to give full effect to the requirements of the Convention, and ventures to suggest that the Government might consider having recourse to the technical assistance of the Office. It asks the Government to keep it informed of any development in this regard.

Article 2. In the absence of any response provided on this matter, the Committee is obliged to renew its request for clarification as to whether any measures, legislative or others, have been taken or are envisaged in order to regulate the partial payment of wages in the form of allowances in kind, which is referred to in section 40(2)(d) of the Employment Act, in accordance with the requirements of this Article of the Convention.

Article 5 and Part V of the report form. The Committee notes the statistical information, supplied by the Government in an earlier report regarding the application of Convention No. 26, concerning the evolution of average monthly earnings during the period 1984-98 by sector and occupational category, including agriculture, forestry and fishing. The Committee requests the Government to continue to collect and communicate up-to-date information on the occupations and approximate number of workers covered by this Convention and the minimum rates of wages applicable.

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

The Committee notes the information provided in the Government’s reports.

Article 1, paragraph 1, of the Convention. The Committee notes the Government’s statement that there exists no machinery for setting minimum wage rates for workers employed in agricultural undertakings and related occupations as set out in section 40(1)(a) of the Employment Act, 1995 (Act No. 2 of 1995). It also notes that an Employment Task Force has been established in the Ministry of Social Affairs and Manpower Development for the purpose of creating such a machinery following which the Government will undertake discussions with the social partners with a view to reaching an agreement on the operation and application of the machinery.

In this connection, the Committee wishes to point out - as it has also observed in a similar comment regarding the application of Convention No. 26 - that the Employment Act, 1995, as it reads at present does provide for an institutionalized procedure whereby minimum rates of wages can be fixed either generally or for specific groups of workers. The Committee hopes that the Government will soon take all practical steps to give effect to the minimum wage fixing system laid down in its labour legislation and would appreciate receiving copies of any wage regulations which may be issued pursuant to section 40(2)(a) of the Employment Act, 1995.

Article 2, paragraph 2. The Committee notes that the Government refers to section 32 of the Employment Act, 1995, and indicates that there exist no national laws or regulations, collective agreements or arbitration awards which authorize the partial payment of wages in the form of allowances in kind. The Committee notes, however, that under section 40(2)(d) of the Employment Act, the Minister may adopt regulations allowing for benefits or advantages given by the employer in lieu of payment in cash and defining the maximum value to be attributed to them, while under section 40(3)(d) similar regulations may prescribe the maximum sum which an employer may deduct from the worker’s wages in respect of food or housing provided by him. The Committee therefore requests the Government to specify whether any such regulations have so far been adopted and, if so, to indicate the measures taken to ensure that authorized allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that the value attributed to them is fair and reasonable, as set forth in this Article of the Convention.

Article 5. The Committee notes the information that, in the absence of a specific machinery for fixing minimum rates of wages for agricultural workers, each agricultural undertaking has its own scheme of service which regulates the job specification and the remuneration that corresponds to each particular job. It further notes that the agricultural sector does not represent a considerable proportion of the workforce and that the majority of employed labour are government employees falling under the public service minimum wage, while in the private sector the majority of agricultural workers are self-employed. The Committee requests the Government to continue supplying information on all future developments with regard to minimum wage rates applicable to workers employed in agricultural undertakings and related occupations, the approximate number of workers concerned, the average minimum wage rates currently in force, and the enforcement measures by which the application of those rates is guaranteed.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report in reply to its previous comments. It notes the Government's statement that there has been no change in the fixing of the minimum wages for agricultural and allied workers. Therefore, the Committee trusts that the Government will make every effort in its next report to indicate: (i) in accordance with Articles 1 and 5 of the Convention, how minimum wages for agricultural and allied workers are fixed in practice; (ii) the measures taken or envisaged to ensure the application of section 40 of the 1990 Employment Act in the agriculture sector; and (iii) any progress made in the implementation of the minimum wage in the agriculture sector and the results obtained in this respect (for example, the results of inspections carried out (including the number of violations of minimum wage provisions revealed, the penalties imposed, etc.)).

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Government indicated that the wage-fixing machinery for agricultural workers established in section 40(1) and (2) of the 1990 Employment Act has not been used. The Committee asks the Government to indicate, in accordance with Articles 1 and 5 of the Convention, how the fixing of minimum wages for agricultural and allied workers is guaranteed in practice. Please indicate the measures taken or envisaged to ensure the application of section 40 of the 1990 Employment Act in the agriculture sector. The Committee hopes that the Government will shortly be able to provide information on progress made in implementation of the minimum wage-fixing machinery and the results obtained. It also asks the Government to continue to provide information on the occupations and approximate numbers of workers covered by the Convention and the applicable minimum wage rates.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in reply to its previous comments.

The Government indicates that the wage-fixing machinery for agricultural workers established in section 40(1) and (2) of the 1990 Employment Act has not been used. The Committee asks the Government to indicate, in accordance with Articles 1 and 5 of the Convention, how the fixing of minimum wages for agricultural and allied workers is guaranteed in practice. Please indicate the measures taken or envisaged to ensure the application of section 40 of the 1990 Employment Act in the agriculture sector. The Committee hopes that the Government will shortly be able to provide information on progress made in implementation of the minimum wage-fixing machinery and the results obtained. It also asks the Government to continue to provide information on the occupations and approximate numbers of workers covered by the Convention and the applicable minimum wage rates.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with concern that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee notes with concern that it has been making for a number of years comments concerning Article 5 of the Convention which provides that each Member which ratifies the Convention must communicate information on the methods and the results of the application of the minimum wage fixing machinery and, in summary form, the occupations and approximate number of workers covered by this Convention, and the minimum rates of wages applicable. The Committee hopes that the Government will provide this information.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee notes that it has been making for a number of years comments concerning Article 5 of the Convention which provides that each Member which ratifies the Convention must communicate information on the methods and the results of the application of the minimum wage fixing machinery and, in summary form, the occupations and approximate number of workers covered by this Convention, and the minimum rates of wages applicable. The Committee hopes that the Government will provide this information.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes from the Government's last report, received in March 1990, that a new Employment Act was adopted in 1985 and that new Wages Regulations were adopted in 1987 following consultations with the trade unions and the Federation of Employers, in accordance with the provisions of section 46 of the above-mentioned Act. The Committee will examine these texts at its next session.

However, the Committee notes that the report contains no reply to the comments it has been making for a number of years concerning Article 5 of the Convention which provides that each Member which ratifies the Convention must communicate information on the methods and the results of the application of the minimum wage-fixing machinery and, in summary form, the occupations and approximate number of workers covered by this Convention, and the minimum rates of wages applicable. The Committee hopes that the Government will provide this information with its next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes from the Government's last report, received in March 1990, that a new Employment Act was adopted in 1985 and that new Wages Regulations were adopted in 1987 following consultations with the trade unions and the Federation of Employers, in accordance with the provisions of section 46 of the above-mentioned Act. The Committee will examine these texts at its next session.

However, the Committee notes that the report contains no reply to the comments it has been making for a number of years concerning Article 5 of the Convention which provides that each Member which ratifies the Convention must communicate information on the methods and the results of the application of the minimum wage-fixing machinery and, in summary form, the occupations and approximate number of workers covered by this Convention, and the minimum rates of wages applicable. The Committee hopes that the Government will provide this information with its next report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes from the Government's last report, received in March 1990, that a new Employment Act was adopted in 1985 and that new Wages Regulations were adopted in 1987 following consultations with the trade unions and the Federation of Employers, in accordance with the provisions of section 46 of the above-mentioned Act. The Committee will examine these texts at its next session.

However, the Committee notes that the report contains no reply to the comments it has been making for a number of years concerning Article 5 of the Convention which provides that each Member which ratifies the Convention must communicate information on the methods and the results of the application of the minimum wage-fixing machinery and, in summary form, the occupations and approximate number of workers covered by this Convention, and the minimum rates of wages applicable. The Committee hopes that the Government will provide this information with its next report.