Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Seychelles

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1999)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1999)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Legislation. Definition of discrimination and prohibited grounds of discrimination. The Committee notes the Government’s indication in its report that: (1) since the drafting of the 2018 Employment Bill, new consultations have taken place with various stakeholders, and new proposals have been made to amend the 1995 Employment Act and the 1991 Conditions of Employment Regulations; (2) a White Paper listing the proposed amendments, after a review of ILO suggestions, has been prepared and presented to the National Consultative Committee on Employment, other stakeholders and the general public between April and July 2024; and (3) the proposals are being finalized for presentation to the Cabinet of Ministers. The Committee welcomes that Proposal No. 26.1 of the White Paper, which concerns Section 46A of the Employment Act on the prevention of discrimination, defines discrimination (direct and indirect) and enumerates the following prohibited grounds of discrimination: the worker’s sex, maternity and family responsibilities, age, gender, race, colour, nationality, social origin, language, religion, disability, real or perceived HIV status, sexual orientation, political opinion, or membership in a trade union or other association. The Committee notes, however, that Proposal No. 26.1 does not mention the ground of “national extraction” as provided for in Article 1(1)(a) of the Convention. In this respect, the Committee recalls that the concept of “national extraction” in the Convention is not aimed at the distinctions that may be made between the citizens of the country concerned and those of another country, but covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Distinctions made between citizens of the same country on the basis of the foreign birth or origin of some of them are one of the most evident examples (see the Committee’s 2018 General Observation). The Committee urges the Government to take the necessary steps to ensure that the new Employment Act will: (i) explicitly define and prohibit discrimination (direct and indirect) in employment and occupation on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including “national extraction”; and (ii) be adopted without further delay. The Committee asks the Government to continue to provide information on any progress made in that regard.

Discrimination based on sex. Sexual harassment. According to Proposal No. 27.1 of the White Paper, sexual harassment: (1) will now be defined as a “conduct of a sexual nature and other conduct, physical, verbal or non-verbal, based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient”; and (2) shall be punished with “higher penalties when a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects the person’s job”. The Committee welcomes the fact that the scope of application of the draft definition of sexual harassment is no longer limited to persons exercising authority but notes with regret that this definition encompasses only the quid pro quo (blackmail) aspect of sexual harassment and omits the “hostile work environment” aspect – namely, conduct that creates an intimidating, hostile, or humiliating working environment for the recipient (see the 2023 General Survey, Achieving gender equality at work, para. 113). The Committee recalls that the definition of sexual harassment in employment and occupation should include both quid pro quo and hostile work environment sexual harassment (see the Committee’s 2002 General Observation). The Government adds that, between 2021 and 2023, the Family Department of the Ministry of Youth, Sports and Family undertook various awareness-raising activities with workers, employers, and their organizations with a view to preventing and addressing sexual harassment in employment and occupation. The Committee notes that the examples provided do not enable it to have a clear overview of the concrete steps that have been taken to prevent and address sexual harassment in the workplace. The Committee asks the Government to take the measures necessary to ensure that the new Employment Act will define and prohibit both quid pro quo and hostile environment sexual harassment in all aspects of employment and occupation (i.e. access to vocational training, employment and particular occupations, and in terms and conditions of employment). It also asks the Government to provide detailed information on any initiative or measure taken to prevent and address sexual harassment in the workplace.

Article 1(1)(b). Other prohibited grounds of discrimination. Real or perceived HIV status. The Committee notes the Government’s indication that, because of the COVID-19 pandemic, the evaluation of the National Policy on HIV and AIDS and its Action Plan could not take place in 2021, as initially planned, and that it is now planned for 2026 only. The Committee takes note of the above information and again asks the Government to provideinformation on the implementation of the National Policy on HIV and AIDS and its Action Plan, as well as their impacton addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status.

Articles 1 to 3. National policy for equality of opportunity and treatment irrespective of religion, political opinion or social origin.The Committee asks again the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation for all, irrespective of religion, political opinion or social origin, such as any legislative or administrative measures on questions related to stereotypes and prejudices on such grounds, affirmative action measures, or the establishment of monitoring mechanisms or specialized bodies.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. The Committee welcomes the Government’s indication that the Ministry of Employment and Social Affairs, in partnership with the ILO and the Southern African Migration Management Project, implemented a sensitization campaign educating the general public on the economic contribution of migrant workers. The Committee remarks, however, that the Government reports that: (1) the Employment Department has been implementing a “localization programme” (or local talent development), which identifies Seychellois nationals as understudies of foreign workers to be trained to take up higher supervisory and management positions; and (2) when an employer makes an application for employment of non-Seychellois workers, job vacancies are heavily scrutinized to ensure that they are not advertised in a discriminatory way. According to information available on the Ministry of Employment and Social Affairs’ website, in 2021, the “localization programme” has permitted 150 young men and women to be trained and take key positions in their respective organizations. The Committee observes that: (1) the 2019–2023 Decent Work Country Programme (DWCP) for Seychelles, which has been extended to 2025, states that, while foreign labour is needed and can bring skills and technological transfers to the country, the increased number of Gainful Occupational Permits being issued in almost every sector of the economy can have negative impacts on the country and the local community, if not managed and regulated properly; and (2) Proposal No. 8.8 of the White Paper, which concerns Section 18 of the Employment Act on the restriction of employment of non-Seychellois, anticipates an increase of the application fee for a certificate to employ non-Seychellois, as well as an increase in the fines relating to the contracts of non-Seychellois. The Committee also points out that, in its concluding observations on the second periodic report of Seychelles, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW): (1) noted that challenges remain in the implementation of the National Labour Migration Policy (2019), including difficulties in assessing labour market needs and protecting the rights of migrant workers; (2) welcomed the adoption of the National Labour Migration Action Plan (2020–24); (3) noted that migrant workers cannot change employers and that the termination of work contracts through dismissal or quitting implies termination of legal migration status in the country; and (4) recommended that routine and regular inspections of the working conditions of migrant workers in the Seychelles International Trade Zone be undertaken (CMW/C/SYC/CO/2, 17 January 2025, paras 7(c), 12, 33(a) and 45). While recognizing the importance of national development, the Committee wishes to highlight that, under the Convention, migrant workers should not be unfairly discriminated against. The Committee asks the Government to provide information on: (i) the implementation of the National Labour Migration Policy and the National Labour Migration Action Plan; and (ii) measures taken to ensure that the implementation of the “localization programme” does not affect the right of migrant workers to be treated without discrimination based on the grounds formally prohibited by the Convention. In this regard, please provide information on any progress made in relation to the adoption of Proposal No. 8.8 of the White Paper. The Committee further asks the Government to continue to provide information on any initiative or measure taken to: (i) prevent and address discriminatory attitudes and stereotypes based on the race, colour and national extraction of workers; and (ii) promote equality of opportunity and treatment in employment and occupation for migrant workers, including in theSeychelles International Trade Zone.

Equality of opportunity and treatment irrespective of sex. Addressing occupational gender segregation. The Committee notes from the statistical data provided by the Government that women make up the majority of employees in financial and insurance activities; professional, scientific and technical activities; public administration and defence, and compulsory social security; education; human health and social work activities; activities on households as employers; clerical support activities; as well as service and sales activities. For their part, men make up the majority of employees in the following activities: agriculture, forestry and fishery; electricity, gas, steam and air conditioning supply; water supply, sewerage and waste management; construction; as well as transportation and storage. The Government indicates that, on average, between 2019 and 2023, women held 45.2 per cent of managerial positions, and that 63.6 per cent of them were employed as professionals, and 53.5 per cent as technicians and associate professionals. The 2022 “Women in technology” publication of the United Nations Development Programme (UNDP) confirms that women and girls are under-represented in the Science, Technology, Engineering and Mathematics (STEM) sectors and, in 2020, only 8 per cent of women had graduated in STEM programmes at tertiary level compared to 38 per cent men. The Committee observes that, according to the 2024 Labour Force Survey, the enrolment of girls and boys in both primary and secondary schools is balanced, but regrets the unavailability of data disaggregated by sex, regarding enrolment in upper secondary schools and tertiary education. The Committee asks the Government to continue to provide information on steps taken to address effectively occupational gender segregation and, on any progress, achieved in this regard, including statistical data on labour participation disaggregated by sex, economic sector and occupation.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes the statistical data provided by the Government regarding earnings in the public sector for the second quarter of 2024. These data reveal that, on average: (1) women earn 17.2 per cent less than men; and (2) the gender pay gap stands at 12.6 per cent for women employed in public administration, defence, and compulsory social security; 21.3 per cent for those in the education sector; and 27.8 per cent for those working in human health and social work activities. The Government once again emphasizes that, pending the modernization of the Seychelles Revenue Commission’s data collection system, the National Bureau of Statistics (NBS) remains unable to publish sex-disaggregated earnings data for the private sector. The Committee recalls that the Government had previously indicated that the Commission was finalizing procedures for collecting such data in the private sector. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard. In light of the significant wage disparities between women and men in the public sector, the Committee strongly encourages the Government to take the necessary measures to establish the conditions for collecting sex- and occupation-disaggregated earnings data – including for the parastatal and private sectors – to fully assess the extent of the gender pay gap in the country. Please report on any progress made in this respect.

Articles 1 and 2. Legislation. The Committee observes that, according to Proposal No. 25.1 of the White Paper: (1) the principle of equal remuneration for men and women for work of equal value enshrined in Article 1(b) of the Convention shall be introduced into the Employment Act; and (2) the term “pay” shall include “the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”, as provided for in Article 1(a) of the Convention. The Committee expresses the firm hope that the Government will take the necessary steps to ensure that the new Employment Act gives full legislative expression to Article 1 of the Convention and is adopted without further delay. Please provide a copy of the text finally adopted.

Articles 1 to 3. Application of the principle of equal remuneration. Objective job evaluation. The Committee notes with concern the Government’s indication that there has been no new development regarding job evaluation in the private sector. In light of the persistent occupational segregation and substantive gender pay gap in the public and para-public sectors, for which recent data are available, the Committee wishes to draw the Government’s attention to its obligation to ensure that the principle of the Convention is also applied in the private sector. Consequently, once again, the Committee urges the Government to strengthen its efforts to promote the use of objective evaluation of jobs in the private sector, as no legal provision ensuring equal pay for work of equal value has been adopted yet, and to provide information on any measures taken to that end.

Article 2. National minimum wage.The Committee firmly hopes that the Government will be able to provide in its next report data on the percentage of women and men who are paid the national minimum wage. It asks the Government to provide information on any progress made in that regard.

Conventions No s 100 and 111 – Application in practice

Awareness-raising. The Government indicates that: (1) the annual communication plan followed by the Ministry of Employment and Social Affairs aims to sensitize the general public on employment laws and regulations through workshops or television and radio programmes; and (2) the labour clinics introduced by the Industrial Relations Section in 2024 aim to educate workers and offer them the possibility to seek advice on the registration of grievances. However, the general nature of this information makes it difficult for the Committee to evaluate the manner in which the principles of the two Conventions are promoted in practice. The Committee asks the Government to provide detailed information on any measure contributing to raise awareness on the principles of the Conventions among government officials, judges, workers, employers, and their organizations, as well as the general public.

Enforcement. The Committee notes the Government’s indication that, in most cases, discrimination in employment and occupation can only be identified by the officials of the Labour Monitoring and Compliance Section through thorough communication with workers upon inspection visits and that no cases of pay inequality between men and women have been reported to or dealt with by the labour inspectors or brought before the courts or any other competent authority. The Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey on the fundamental Conventions, 2012, para. 870). The Committee requests the Government to provide information on the number, nature, and outcomes of any cases of discrimination in employment and occupation addressed by the competent authorities. In particular, it seeks details on cases involving: (i) sexual harassment; (ii) unlawful discrimination against migrant workers; and (iii) discrimination between men and women with respect to equal remuneration. The Committee also requests information on any measures taken or planned to facilitate access to enforcement mechanisms in cases of discrimination in employment and occupation (e.g. clear and accessible complaint procedures, protection against reprisals, simplification of the complaint process, providing legal aid and assistance, partial reversal of the burden of proof, etc.).