Labour Administration Convention, 1978 (No. 150) - Seychelles (Ratification: 1999)

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) received on 31 August 2015.

The Committee also notes the information provided by the Government in reply to its previous comments on Article 7 of the Convention concerning the services provided to people who are not, in law, employed persons and on Article 10 concerning the appointment of suitably qualified persons as staff of the labour administration.

Article 5. Consultation between the public authorities and the most representative employers’ and workers’ organizations. The Committee notes the Government’s statement that the National Consultation Committee on Employment (NCCE) is the platform for tripartite consultation on employment matters in the country. It notes in this regard, the statement of the SFWU that labour administration is an area that requires capacity building so as to improve the effectiveness of the tripartite constituents in furthering effective social dialogue and consultations. The SFWU indicates that the assistance of the ILO would be welcome in that regard. Referring also to its comments under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee requests the Government to continue to provide information on the activities of the NCCE and the impact of its work, as well as information on any technical assistance sought or received to strengthen capacity in this regard.

Article 6(2)(a). National employment policy. The Committee notes that the second priority in the Seychelles Decent Work Country Programme (DWCP) 2011–15 was the promotion of quality employment and the reduction of unemployment, particularly for women and young people. Therefore, the Committee requests the Government to provide information on the implementation of that priority of the DWCP and its impact, as well as any subsequent steps taken following the expiration of the DWCP.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report and the copy of the Public Service Orders 2011.

Article 5 of the Convention. Consultation between the public authorities and the most representative employers’ and workers’ organizations. The Committee notes that according to the Government’s report, the National Tripartite Employment and Labour Council has been replaced by the National Consultative Committee (NCC). However, the Regulations regarding this Committee were not attached to the report as indicated by the Government. The Committee would be grateful if the Government would provide the ILO with a copy of the regulations of the NCC as well as information on the activities of this body and their impact.

Article 7. Noting the Government’s indication that self-employed persons and members of cooperatives and worker-managed undertakings are covered by the labour administration system, the Committee requests the Government to give further indication of the nature of the services provided to these persons who are not, in law, employed persons.

Article 10. The Committee notes the information provided by the Government on the numbers, distribution, and status of the staff of the labour administration, as well as the terms and criteria for recruitment, and the determination of the financial resources allocated to the labour administration system. The Committee also notes the text of the Public Service Orders and refers the Government to the comments it makes in this regard under Articles 6, 7 and 15 of the Labour Inspection Convention, 1947 (No. 81). The Committee would also be grateful if the Government would specify the proportion of the national budget allocated to the labour administration system.

The Committee also requests the Government once again to communicate, as required under Part IV of the Convention’s report form, extracts of any reports or other periodic information provided by the principal labour administration services referred to in Paragraph 20 of Recommendation No. 158 which supplements the Convention, together with information on any practical difficulties encountered in the application of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the partial replies to its previous comments. It requests the Government to provide further information on: (1) the manner in which effect is given in practice to Article 7 of the Convention, including an indication of the nature of the services provided by the labour administration system to the categories of workers mentioned in this provision – categories which, according to the Government, are covered by the labour administration system; (2) the distribution, in statistical form, of the various categories of staff among the labour administration structures, including particulars concerning terms and criteria of recruitment, legal status (particularly the nature and duration of the employment relationship) and conditions of service (grades, remuneration level, rules on career advancement, disciplinary sanctions procedure and conditions relating to termination), and training provided (content, duration, number of workers concerned); and (3) financial resources allocated for the performance of workers’ duties (Article 10).

The Committee notes the project to set up a national labour advisory committee to replace the National Tripartite Council for Employment and Labour. It would be grateful if the Government would keep the ILO informed in this respect and communicate any relevant texts.

The Committee also requests the Government to communicate, with each of its reports, as required under Part IV of the Convention’s report form, extracts of any reports or other periodic information provided by the principal labour administration services and referred to in paragraph 20 of Recommendation No. 158, which supplements the Convention, together with information on any practical difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the partial replies to its previous comments. It requests the Government to provide further information on: (1) the manner in which effect is given in practice to Article 7 of the Convention, including an indication of the nature of the services provided by the labour administration system to the categories of workers mentioned in this provision – categories which, according to the Government, are covered by the labour administration system; (2) the distribution, in statistical form, of the various categories of staff among the labour administration structures, including particulars concerning terms and criteria of recruitment, legal status (particularly the nature and duration of the employment relationship) and conditions of service (grades, remuneration level, rules on career advancement, disciplinary sanctions procedure and conditions relating to termination), and training provided (content, duration, number of workers concerned); and (3) financial resources allocated for the performance of workers’ duties (Article 10).

The Committee notes the project to set up a national labour advisory committee to replace the National Tripartite Council for Employment and Labour. It would be grateful if the Government would keep the ILO informed in this respect and communicate any relevant texts.

The Committee also requests the Government to communicate, with each of its reports, as required under Part IV of the Convention’s report form, extracts of any reports or other periodic information provided by the principal labour administration services and referred to in paragraph 20 of Recommendation No. 158, which supplements the Convention, together with information on any practical difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the brief information provided in the Government’s first report on the application of the Convention. It would be grateful if the Government would supplement this information by providing further particulars and the relevant documents on: (1) the organization of the external services of the central labour administration system (Article 1 of the Convention); (2) the application in practice of Article 4 concerning the coordination of the functions and responsibilities of the labour administration system; (3) the legal basis for tripartism in the various fields of the national labour policy (Article 5) at the central level, as well as at the regional and local levels, where appropriate; (4) the manner in which effect is given to the various provisions of Article 6, paragraph 2; (5) the manner in which effect is given in practice to Article 7, with an indication of the nature of the services provided by the labour administration system to the categories of workers covered by this provision; and (6) the distribution of the various categories of personnel in the central labour administration and its external services (Article 10, paragraph 1) and the material and logical means of the labour administration services (paragraph 2).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the brief information provided in the Government’s first report on the application of the Convention. It would be grateful if the Government would supplement this information by providing further particulars and the relevant documents on: (1) the organization of the external services of the central labour administration system (Article 1 of the Convention); (2) the application in practice of Article 4 concerning the coordination of the functions and responsibilities of the labour administration system; (3) the legal basis for tripartism in the various fields of the national labour policy (Article 5) at the central level, as well as at the regional and local levels, where appropriate; (4) the manner in which effect is given to the various provisions of Article 6, paragraph 2; (5) the manner in which effect is given in practice to Article 7, with an indication of the nature of the services provided by the labour administration system to the categories of workers covered by this provision; and (6) the distribution of the various categories of personnel in the central labour administration and its external services (Article 10, paragraph 1) and the material and logical means of the labour administration services (paragraph 2).