Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Seychelles (Ratification: 2005)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations from the Association of Seychelles Employers (ASE) and the Seychelles Chamber of Commerce and Industry (SCCI), transmitted together with the Government’s report.

Article 5 of the Convention. Effective tripartite consultations at least once a year. The Committee notes the Government’s indication that the National Consultative Committee on Employment (NCCE) was reinstalled in 2017. However, due to different changes in the Ministry responsible for labour matters, the NCCE did not meet until 17 July 2018. The Government reports that tripartite consultations were held on proposed amendments to the Employment Bill related to, inter alia, the transfer of employment mediation services, termination of employment by mutual agreement, and the Labour Migration Policy. However, no consultations were held on matters relating to international labour standards covered by the Convention. The Committee further notes that, in its observations, the ASE and the SCCI argue that tripartite mechanisms are inefficient and ineffective due to the lack of social dialogue in the country. The ASE and the SCCI therefore emphasizes the need to revise the manner in which the Government and the social partners works together and to extend the remit to ensure a more inclusive approach. The Committee recalls in this regard that the fundamental obligation under the Convention is to ensure effective tripartite consultations at appropriate intervals, but at least once a year, on all of the matters concerning the activities of the ILO related to international labour standards set out in Article 5(1) (2000 General Survey on tripartite consultation, paragraph 28). Noting the important concerns raised by the ASE and the SCCI as regards the ineffectiveness and inefficiency of tripartite mechanisms in the country, the Committee requests the Government to respond to these allegations and to provide with its next report detailed information on how the Convention is implemented in national law and practice. It also requests the Government to engage in consultations with the social partners with a view to exploring how the procedures required by the Convention could be improved and to provide information accordingly.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations made by the Seychelles Federation of Workers’ Unions (SFWU) received in August 2017, as well as the observations made by the Association of Seychelles Employers received in September 2017.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the detailed information provided by the Government in its report. The Government indicates that, for purposes of the Convention, tripartite consultations are undertaken in the National Consultative Committee on Employment (NCCE), which provides a platform for discussions between the tripartite partners. Nevertheless, in its observations, the SFWU observes that the NCCE has not been active for some time. It also observes that, apart from the NCCE, workers’ organizations are represented on other tripartite entities, such as the Occupational Health and Safety Board, the Productivity Committee, the Decent Work Country Programme Advisory Committee and the Employment Tribunal. The Association of Seychelles Employers observes that while the NCCE has not been meeting for the last few years, any issues affecting the Association of Seychelles Employers or its members are communicated with the competent officers at the Ministry of Employment. The Government adds that the Ministry of Employment, Immigration and Civil Status communicates all questionnaires concerning items on the agenda of the International Labour Conference to the social partners and to relevant stakeholders for their inputs, in addition to communicating the final version of the texts prior to their submission to the ILO (Article 5(1)(a)). With regard to the submission of instruments to the competent authorities (Article 5(1)(b)), the Government notes that, in 2014, the Republic of Seychelles presented a Cabinet Memorandum informing the Government of the pending instruments adopted by the International Labour Conference to be submitted to the National Assembly. The Government adds that the submission of all proposals to the national competent authority will be undertaken before the end of 2017 and that the remaining two Conventions and two Protocols will be submitted to the National Assembly by the end of July 2018. With regard to the examination of unratified Conventions (Article 5(1)(c)), the Government indicates that ILO reports on unratified Conventions and Recommendations are circulated to the social partners and relevant stakeholders each year for their inputs prior to their submission to the ILO. The Committee notes the Government’s indication that, during the reporting period, tripartite consultations were held on sick leave and paternity leave in which the following unratified Conventions were discussed: the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Social Protection Floors Recommendation, 2012 (No. 202); the Medical Care and Sickness Benefits Convention, 1969 (No. 130); the Sickness Insurance (Industry) Convention, 1927 (No. 24), and the Sickness Insurance (Agriculture) Convention, 1927 (No. 25). With respect to the topic of paternity leave, the tripartite consultations included consideration of the possible ratification of the Maternity Protection Convention, 2000 (No. 183), and its accompanying Recommendation (No. 191), as well as the Workers with Family Responsibilities Convention, 1981 (No. 156). Furthermore, in response to the Committee’s previous request, the Government indicates that tripartite consultations will be held to re-examine the possible ratification of the Employment Policy Convention, 1964 (No. 122), following the launch of the revised National Employment Policy in April 2014 and in light of the ongoing revision of its Action Plan 2014–16. The Government explains that, at present, it does not intend to consider the ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), given that the Seychelles ratified the Labour Inspection Convention, 1947 (No. 81), and its limited human resources do not permit it to extend the inspection structure to cover specific areas. Finally, the Government indicates that no proposals have been made during the reporting period for the denunciation of ratified Conventions and provides a list of Conventions which have been automatically denounced due to the ratification of the revising Conventions (Article 5(1)(c)). The Committee requests the Government to continue supplying detailed information on the content and outcome of tripartite consultations held on the matters relating to international labour standards covered by Article 5(1) of the Convention, including consultations on the re-examination of unratified Conventions.

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

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that the National Consultative Committee on Employment (NCCE) provides the necessary platform for tripartite consultations between representatives of the Government and employers’ and workers’ organizations. It adds that the NCCE recognises the relevance of promoting the implementation of international labour standards in accordance with the Convention. The Committee notes in this regard the detailed information provided by the Government on the matters covered by Article 5(1) of the Convention. With regard to the submission of instruments pursuant to article 19 of the ILO Constitution, the Committee notes the discussions held within the NCCE in June 2014 on an information paper of the Ministry of Labour and Human Resource Development exploring the possibility of submitting at most six instruments from 2014 to 2016 to the national competent authority in order to begin to clear the backlog concerning instruments pending submission. Moreover, the Committee notes the information provided concerning the reports to be made on the application of ratified Conventions (Article 5(1)(d)). The Ministry of Labour and Human Resource Development established a workplan which indicated the ratified Conventions that the Government had to report on by 1 September 2014. The stakeholders that needed to provide the applicable inputs were also specified in the workplan. The Government adds that the Ministry is duly considering the possibility of including the workplan of the reports on the ratified Conventions due in 2015 on the agenda of the NCEE. It also indicates that, as customary, the requests of reports are circulated to the stakeholders, including the social partners, for their inputs. The Ministry also circulates the final report to the social partners prior to the submission to the ILO. The Committee invites the Government to provide updated information on the content and outcome of the tripartite consultations held on the other matters concerning international labour standards covered by the Convention, including consultations on the re examination of unratified governance Conventions (namely the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

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

Tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention, received in September 2010. The Government indicates that, in order to enforce Convention No. 144, a National Tripartite Employment and Labour Council (NTELC) was formed in 2005, which became the National Consultative Committee on Employment (NCCE) in 2009. The NCCE is composed of representatives of the Government and of employers’ and workers’ organizations as well as representatives of the Seychelles Chamber of Commerce and Industry (SCCI). Section 4 of the NCCE Regulations of 2010 lays down the consultative functions of the NCCE as regards international labour standards. The Government states that, because over the last four years the NCCE was committed to attend to other economic and social issues (such as the discussion of the Macro Economic Reform Programme), it undertakes to give more effect to the provisions of Convention No. 144 in the next review period. The Committee asks the Government to provide in its next report detailed information on the consultations held on each of the matters set out in Article 5(1) of the Convention, indicating the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations. It further invites the Government to provide information on the involvement of the NCCE in the matters related to international labour standards covered by the Convention.