Employment Services Bureau (ESB)

An employer is required to notify the Employement Services Bureau (ESB) whenever a vacancy is available.

Recruitment of Personnel

When a company wishes to recruit personnel, the employer should first register the vacancy with the Employment Services Bureau. The employer shall then advertise the vacancy in a local newspaper or in ways that may be necessary to bring the vacancy to the notice of persons seeking employment or seek the services of a private employment agency.

All Seychellois being considered for employment by the employer should have a valid job card issued by the Employment Services Bureau. Upon recruitment, the job card must be submitted to the ESB within a period of 15 days.

If after the vacant post has been advertised and there is no response from a suitable qualified Seychellois, then the employing organisation may submit a request to the Ministry responsible for employment for the post to be filled by a non-Seychellois.
Once approval is granted, the organisation concerned is issued with a certificate to be produced at the Immigration Authorities to obtain a Gainful Occupational Permit (GOP).

A person who wishes to be employed in their his/her business may register himself/herself as a self-employed person at the ESB.

Different Types of Employment Contracts

The following is intended as a guideline to illustrate the different types of contracts that may be applicable for the employment of Seychellois:

• Continuous Employment
  This means consecutive employment for an unlimited period.

• Fixed-Term Employment
  This means consecutive employment for an unlimited period.

• Casual Employment
  This covers the employment of a worker for a period not exceeding 21 days.

• Part-Time Employment
  Employment other than casual continuous or fixed term.

Preparation of Employment Contract

The contract of employment can be written in English, French or Creole. Two copies should be prepared; one for the employee and the other for the employer. A probabtion preiod not exceeding six months may be incorporated in the contract on first appointment.

Termination of Contract by the Employer

An employer cannot terminate the employment of an employee except under (a) and (b) without first initiating the negotiation procedure. This applies for all employers except Government Ministries.

• a) Termination in cases of misconduct
  An employer may terminate the contract of his employee without notice on ground of misconduct.

• b) Termination during the period of probation
  An employer may terminate the contract of an employee with a 7 day notice where the employee fails to satisfactorily complete his period of probation.

Salary Scale

The public service adopts special salary scales or schemes of service. However, these are not compulsory or binding upon the private sector which is free to enter into negotiations and conclude agreements with employee representatives. The private sector is encouraged to implement as far as possible the salary scale used in the public sector, as indicated in the Basic Cost section.

Working Hours

Work hours in Seychelles vary according to different sectors of employment. For example:

• Hotels 48 hours per week

• Construction 45 hours per week

• Banks 40 hours week

• Public service 35 hours per week

Annual Leave

Annual leave is 21 calendar days or 1.75 days for each month worked.

Sick Leave

Employers are obliged to pay the full salary of employees up to SR 2,000 for bona fide sick leave for up to 30 days per annum or 60 days if the employee is hospitalised.
This condition is applicable to all employees working in the public or private sector including non-Seychellois workers on the condition that the employees are registered with the Social Security Fund, at the Ministry of Finance.
The Social Security Fund will reimburse the employer up to 80% of salary to a maximum ofSR 2,000. Reimbursement is dependent on production of a valid (original) medical certificate and proof that the employer has paid the salary.
There is a time limit of 6 months for claiming of sickness reimbursement.

Change of Ownership

In principle, owners should pay compensation to their employee(s) before passing the business over. New owners may employ the workers if they see fit.