Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Seychelles

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2005)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1999)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour Inspection

Articles 7, 10, 11 and 16 of Convention No. 81. Coverage and resources of the labour inspection system and training for labour inspectors. Following its previous comments, the Committee notes the information provided by the Government in its report that the Employment Department employs a total of 16 Labour Inspectors of which 10 are based on Mahe Island in the Labour Monitoring and Compliance Section and 6 are based in the Outstation Offices on Praslin and La Digue Island. The Government indicates that the labour inspectors are provided with the relevant resources necessary to discharge their duties effectively. It also indicates that to further strengthen the labour inspection system, a proposal has been submitted to the authorities for restructuring the Labour Monitoring and Compliance Section and recommendations have been made for additional staff to be recruited in all Units. The Committee notes however that the statistics provided by the Government in its report under the Occupational Safety and Health Convention, 1981 (No. 155) indicates a substantial decrease in the number of inspections (over 40 per cent) from 2015 (898 inspections) to 2022 (538 inspections). Concerning training, the Government indicates that for the period of 1 June 2020 to 1 September 2023, four labour inspectors have completed training, including in occupational safety and health (OSH) (1 inspector) and labour studies which last for two and a half years (3 inspectors). Regarding the Seychelles International Trade Zone (ITZ), the Committee notes that as of June 2023, the Financial Services Authority (FSA) has reported 18 licensed companies in ITZ with 2,157 recorded employees as of May 2023. The Government indicates that the ITZ section of the FSA regulates employment inside a trade zone and conducts its customary employment visit every year as per a schedule of visits shared with the Ministry of Employment and Social Affairs at the start of each year. The labour inspectors from the Employment Department accompany the ITZ inspectors on some visits, assisting with observations or staff interviews and providing recommendations, if necessary. In this respect, the Committee notes the information provided regarding the number of visits conducted by ITZ inspectors in the past four years, including three visits as of June 2023 and the follow-up procedure conducted by the FSA after each visit. Regarding staff training, the Government indicates that the ITZ section currently has four staff that specifically deal with employment-related matters. Three of these staff have received training in the management of OSH and one has completed training in labour law. The Committee also notes that the Government is in the process of outsourcing the development of an electronic information system which would support the inspectorate in the collection, analysis and reporting of visits, cases and offences. The Committee requests the Government to indicate the reasons for the substantial decrease in the number of inspections undertaken since 2015 and to indicate the measures adopted in order to increase the number of inspections. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this respect. It further requests the Government to continue to provide information on: (i) the number of inspectors and on the restructuring of the labour inspectorate, including information on any new recruitment; (ii) the number of inspections carried out by both the Labour Monitoring and Compliance Section of the Employment Department and the International Trade Zone section of the Financial Services Authority; (iii) the specific training received by labour inspectors for the proper performance of their duties; and (iv) the progress made in the development of electronic information systems for the inspectorate.

Article 14. Notification of industrial accidents and cases of occupational disease. Following its previous comments, the Committee notes with interest that the Government has formally re-initiated a complete review of the OSH Decree with the intent of ensuring that all necessary and applicable provisions of international conventions and standards are incorporated into the legislation. The Committee also notes various activities undertaken by the Government for the promotion of occupational safety and health, including awareness-raising campaigns conducted at the workplace and national levels. Regarding industrial accidents and occupational diseases, the Committee notes references made by the Government to the provisions of the OSH Decree, including section 32(1) on employers’ obligation to report any accident, dangerous occurrence, occupational poisoning, injury or disease. It further notes the statistics and information provided by the Government on a total of 188 occupational accidents and injuries registered for the years 2020 to 2022. The Committee notes that these figures, demonstrate that there has been over 50 per cent increase in the number of occupational accidents and injuries reported from 2021 (41 injuries) to 2022 (100 injuries). With regard to occupational diseases, the Government reaffirms that without a system for the collection of information, the identification and reporting of occupational diseases remains a challenge for the Ministry of Health. However, in this respect, the Government indicates that with the expected development of the Health Information System (HIS), based on the International Classification of Diseases (11th Revision) with codes for diseases and injuries, the capacity of the Health Centres for recording injuries and diseases is expected to improve. The Committee requests the Government to provide updated information on the progress made in the development and implementation of the HIS and on other measures taken to ensure the notification of both occupational accidents and diseases.It also requests the Government to continue to provide statistics regarding occupational accidents and diseases and information on the reasons for the substantial increase registered in the number of occupational accidents and injuries from 2021 to 2022.

Article 15(c). Confidentiality of complaints. The Committee previously noted the Government’s indication that it would consider including a provision on confidentiality of the source of any complaint in the ongoing review of the OSH Decree. In this respect, the Government indicates that the Technical Assistance of the ILO has been requested. The Government further reiterates that during internal sessions, all officers are reminded of the importance of keeping sources of complaints confidential and instructed on how to proceed with an inspection upon the receipt of a complaint. The Committee request the Government to provide detailed information on measures taken to ensure that in the current review of the OSH Decree, full effect is given to the requirements of Article 15(c) of the Convention and to provide information on any progress made in this regard.

Articles 17 and 18. Effective enforcement of appropriate penalties in the event of violation of the legal provisions. The Committee notes the information provided by the Government regarding the dismissal of three cases of occupational accidents referred to in its previous comments. It further notes the Government’s indication that from 1 June 2020 to 30 April 2023, 457 violations were detected out of 1,881 inspections conducted. In this regard, the Government emphasizes that the above figures relate to violations detected at the time of inspections only and do not take into consideration the subsequent verifications to which employers might above been subjected afterwards. The Committee notes that there have been 28 convictions during the period of 1 June 2020 to 31 May 2023 and that the penalties imposed were fines which vary from 2,000 Seychelles rupees to 20,000 rupees. The Committee requests the Government to continue to provide information on the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors and on the number of violation notices transmitted to judicial authorities and the action taken as a result, including the penalties imposed.

Articles 20 and 21. Publication and communication to the ILO of an annual general report on the work of the inspection services. Following its previous comments, the Committee notes the Government’s indication that its approved 2020 Annual Report and draft 2021 and 2022 Annual Reports have been submitted to the Office. However, the Committee notes that these reports have not yet been received by the Office. The Committee requests the Government to ensure that the annual reports on labour inspection services are regularly published and transmitted to the Office and that they contain information on all the matters referred to in Article 21 of the Convention.

B. Labour Administration

Article 5 of Convention No. 150. Consultation between the public authorities and the most representative employers’ and workers’ organizations. With regard to the Committee’s previous comment concerning technical assistance for building the capacities of the National Consultative Committee on Employment (NCCE), the Government indicates that assistance was sought and obtained from the ILO in November 2018 and August 2023. With regard to the functioning of NCCE, the Committee refers to its comment under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 6(2)(a). National employment policy. Following its previous comments on the implementation of the Decent Work Country Program (DWCP) 2011–15 and its impact, the Committee notes the reference made by the Government to the National Employment Policy launched in 2014 to tackle employment issues and promote full, productive and freely chosen employment without discrimination; the implementation of Localization programme (post reserved for Seychellois workers only); and the Special Employment Programmes for youth (aged 15 to 30) which were initiated by the Employment Department. The Committee further notes the indication of the Government that as a result, from 2014 to 2016, Seychelles maintained an annual National Unemployment Rate of below 5 per cent with the National Youth Unemployment Rate decreasing from 13.4 per cent in 2014 to 12.3 per cent in 2016. Regarding the subsequent steps taken following the expiration of the DWCP, the Government indicates that the Localization programme remains to this day, having expanded to supervisor-level posts and above across different sectors of the economy, most notably in the tourism sector. As of June 2023, a total of 195 posts have been localized with 137 earmarked for localization. The Government further refers to the development of the National Productivity Strategic Plan 2017–21 with a Productivity Unit that currently runs an annual calendar of activities and training sessions in partnership with training institutions for both workers and employers on issues of productivity, attitude towards work and management practices. In addition, the Government indicates that upon completion of the DWCP 2011–15, technical assistance was requested from the ILO in 2016 for the development of the Second Generation of the Seychelles DWCP 2019–23, which was launched in 2019 and has been extended to the year 2024. The Committee takes note of this information which addresses its previous request.