Labour Relations (Public Service) Convention, 1978 (No. 151) - Seychelles (Ratification: 1999)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Association of Seychelles Employers (ASE) – Seychelles Chamber of Commerce (SCCI) communicated with the Government’s report.

Article 7 of the Convention. Negotiation of terms and conditions of employment. In its previous comment, the Committee requested the Government to increase its efforts in promoting collective bargaining as the main means of determining the terms and conditions of employment in the public service. The Committee notes the Government’s indication that a workshop on the importance and the benefits of collective agreements was conducted in September 2019 by the Ministry of Employment and Social Affairs and the ILO.

The Committee further notes that the Government indicates that: (i) no collective agreements have been reached during the reporting period; (ii) decisions pertaining to terms and conditions of employment in the public service were made unilaterally by the Government in compliance with set standards of parity and transparency for public employees in the executive branch; and (iii) workers’ organisations have been involved in discussions and negotiations when there were grievances from their members. The Committee notes these elements. Recalling that pursuant to Article 7 of the Convention, terms and conditions of public employees may be determined either through the principle of negotiation between authorities concerned and public employees’ organizations, or through other methods, such as consultation, the Committee highlights that the interactions between the public authorities and the public employees’ organizations cannot be limited to the sole examination of specific grievances. Noting the Government’s indication that decisions pertaining to terms and conditions of employment in the public service are adopted unilaterally, the Committee requests the Government to take, after consultation with the representative organizations concerned, the necessary legislative and regulatory measures to guarantee the participation of public employees in the determination of their terms and conditions of employment. The Committee requests the Government to provide information on any progress in this regard and recalls that it may avail itself of the assistance of the Office.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7 of the Convention. Negotiation of terms and conditions of employment. The Committee had previously requested the Government to indicate the number of trade unions of public employees existing in the country, the number of collective agreements concluded by them and the categories and the number of public employees covered by such agreements. The Committee notes the observations submitted by the Seychelles Federation of Workers Unions (SFWU) received on 20 October 2014. According to the SFWU, the Teachers Medical and other Public Service Employees Union (TMPU) has a recognition agreement with the public service to represent its members in the public sector, however no collective agreement has been concluded so far. The Committee notes the Government’s indication that it does not have any records of collective agreements concluded by the Public Service Trade Union and the categories of public servants covered by them. It further notes the Government’s indication that the Ministry of Labour and Human Resource Development is working in close collaboration with the SFWU to promote effective tripartism and social dialogue through the Seychelles Decent Work Country Programme (2011–15) and that the Ministry endeavours to ensure the involvement of the social partners in its activities on promotion of tripartism and to assist in the capacity building of its partners as well as to involve them in consultations on labour issues through the existing tripartite committees. The Committee recalls that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for negotiation of terms and conditions of employment between the public authorities concerned and public employees’ organizations. The Committee requests the Government to intensify its efforts in promoting collective bargaining as the main means of determining the terms and conditions of employment in the public service. It requests the Government to provide information on all measures taken in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

In its previous comments, the Committee had requested the Government to provide detailed information on the number of trade unions of public employees existing in the country, as well as on the number of collective agreements concluded by them, and the categories and the number of public employees covered by such agreements. The Committee notes that the Government indicates in its report that the Public Services Orders (2011) (third revised edition) was adopted, as updated based on the circulars issued between 2003 and December 2010, which stipulate that the policy of the Government is to encourage active participation by employees in the trade unions’ affairs and that such active participation shall not prejudice an employee’s public service career (section 123). However, the Committee notes that the Government indicates in its report that trade unions have not had much impact in the Seychelles Public Service, in view of the fact that employees have recourse to other instances in the event of any grievance, namely the Public Service Appeal Board (PSAB), the Ombudsman and Judicial Review. In these circumstances, the Committee once again requests the Government to indicate: (i) the number of trade unions of public employees existing in the country; (ii) the number of collective agreements concluded by them; and (iii) the categories and the number of public employees covered by such agreements. The Committee further requests the Government to indicate the measures taken or envisaged to encourage the active participation of public employees in the trade unions’ affairs.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. The Committee further notes the Public Service Orders (1996), as updated based on circulars issued between 1996 and December 2003, which stipulates that the policy of the Government is to encourage active participation by employees in the trade unions’ affairs and that such active participation shall not prejudice an employee’s public service career (section 100).

The Committee requests the Government to provide detailed information on the number of trade unions of public employees existing in the country, as well as on the number of collective agreements concluded by them, and the categories and the number of public employees covered by such agreements. 

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret 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 had noted the Government’s indication that it has sent the legislative texts previously requested by the Committee. However, it appears that they have not been received. The Committee therefore requests the Government to provide copies of the legislative texts concerning collective bargaining rights of public servants, including the relevant public service orders to which the Government referred in its report, as well as statistics in respect of the number of trade unions of public employees existing in the country and the number of collective agreements concluded by them.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s indication that it has sent the legislative texts previously requested by the Committee. However, it appears that they have not been received. The Committee therefore requests the Government to provide copies of the legislative texts concerning collective bargaining rights of public servants, including the relevant public service orders to which the Government referred in its report, as well as statistics in respect of the number of trade unions of public employees existing in the country and the number of collective agreements concluded by them.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 requests the Government to provide copies of the legislative texts and administrative regulations mentioned in its report and to provide more detailed information on the collective bargaining rights of public servants or any other methods of determining conditions of work in the public administration.

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

The Committee takes note of the Government’s first report.

The Committee requests the Government to provide copies of the legislative texts and administrative regulations mentioned in its report and to provide more detailed information on the collective bargaining rights of public servants or any other methods of determining conditions of work in the public administration.