Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 - Seychelles (Ratification: 1978)

Article 2 of the Convention. Scope of application. The Committee notes with interest the Government’s information that the Employment (National Minimum Wage)(Exemption) Order, 2008, which excluded non-Seychellois workers employed in the tourism or construction industry from the application of the national minimum wage, was repealed by the Employment (National Minimum Wage)(Exemption) Order, 2010. The Committee understands, however, that under the Employment (Wage Increase) Regulations, 2010, a 20 per cent wage increase has been granted except for non-Seychellois employees whose wage formula will be specified separately. Recalling that remuneration levels should be fixed according to objective factors such as the quantity and the quality of the work performed, the Committee requests the Government to further clarify how it is ensured that foreign workers receive equal remuneration with national workers when performing work of equal value. Moreover, the Committee reiterates its request for additional explanations concerning the broad discretionary power conferred upon the Minister of Employment and Human Resources, by virtue of section 6 of the Employment (National Minimum Wage) Regulations, 2007, to exempt any worker or category of workers from the application of the national minimum wage subject to such conditions as he/she may think fit, and the need to ensure that employers’ and workers’ organizations are duly consulted before any decision for exemption is taken.

Article 3(2). Minimum wage fixing machinery. The Committee notes the Government’s information that the national minimum wage is currently fixed by the Ministry of Finance, Trade and Investment in consultation with the Ministry of Labour and Human Resources Development. The Government also indicates that the consultation process with the workers’ and employers’ organizations was not lengthy due to the urgency for the Government to introduce the minimum wage, as a requirement of the Macro Economic Reform Programme set by the IMF. The Government further states that the social partners are kept informed of developments regarding this subject through the tripartite National Consultative Committee on Employment (NCCE) or other mediums. The Committee wishes to emphasize, in this respect, the fundamental importance of genuine consultations with the social partners for the effective operation of the minimum wage-fixing process. As the Committee has pointed out on numerous occasions, “consultation” has a different connotation from mere “information” and from “co-determination”. Consultation has to be meaningful in the sense that employers’ and workers’ representatives should be given a real opportunity to express their views and their views should be given appropriate consideration. The Committee considers that the principle of full consultation with and direct participation of representative employers’ and workers’ organizations in setting or revising minimum wages should apply at all times and that the implementation of an economic reform programme does not absolve the Government from its responsibilities in this regard. The Committee accordingly requests the Government to take all appropriate steps to ensure that employers’ and workers’ organizations are fully consulted and directly participate at all stages of the establishment, operation and modification of the minimum wage fixing machinery, as required under this Article of the Convention.

Article 5 and Part V of the report form. Application in practice. The Committee notes the Government’s information that the national minimum wage was last increased by the Employment (National Minimum Wage) (Amendment) Regulations, 2011 and is presently set at 21 Seychellois rupees (SCR) per hour for regular workers (approximately US$1.6) and SCR24.20 per hour for casual workers (approximately $1.8). The Committee also notes the sample copies of inspection visits carried out concerning minimum wage-related offences. The Committee would appreciate if the Government would continue supplying up-to-date information on the practical application of the Convention.