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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Seychelles (Ratification: 1999)

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

Articles 2, 4 and 6 of the Convention. Pending legislative matters. The Committee recalls that for many years it has been requesting the Government to take measures to amend several provisions of the Industrial Relations Act (IRA) in order to: (i) provide for an effective protection against acts of interference by employers or their organizations in workers’ organizations; and (ii) ensure that recourse to compulsory arbitration in cases where the parties do not reach an agreement through collective bargaining is permissible only in relation to public servants engaged in the administration of the State, essential services in the strict sense of the term and acute national crises. The Committee notes the Government’s indication that: (i) an ILO consultant was mandated to undertake the review of the IRA; (ii) as a result, a draft report with recommendations was submitted to the Ministry of Employment and Social Affairs (MESA) and to the ILO in 2021; (iii) the report is currently reviewed by the MESA; and (iv) once the review of the report is completed, the MESA will meet with stakeholders for validation. The Committee hopes that the legislation will soon be amended in order to bring it into full conformity with the Convention. The Committee requests the Government to provide information in this respect.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on: (i) the measures taken to promote collective bargaining across the different sectors of the economy; and (ii) the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.