SEYCHELLES Law and Practice Contributed by: Valery Freminot, Salina Sinon, Ruby Simeon and Hazel Naiken, Rivard Nariman
4. Employment Law 4.1 Nature of Applicable Regulations The employment relationship is governed by the Employment Act 1995 and Employment (Condi - tions of Employment) Regulations 1991. Case law developments have affected practice, but are not considered a source of law. Govern - ment employees are required to adhere to cer - tain codes and practices as prescribed in Public Service Orders. 4.2 Characteristics of Employment Contracts Legally, employment contracts must be pre - pared in writing, be signed by the employer, and must specify: • the names of the employer and worker; • the nature of the employment; • in the case of a fixed-term contract, either the term or the specific scheme or project or specific work on which the worker is to be engaged; • in the case of a contract of continuous employment, the probation period (if any); • the place where the work is to be performed; • the remuneration or wages to be paid, as well as the periods of payment and any other benefits the worker is to receive; • the number of working hours per week; • the requirements for overtime work, where applicable; and • such other particulars as may be prescribed. 4.3 Working Time There is a minimum working time of eight hours per day (or 40 hours per week). There is a maxi - mum working time of 12 hours per day (or 60 hours per week) and, exceptionally, 15 hours per day.
Overtime is regulated and a maximum number of hours is set (15 hours exceptionally). The rate at which it is paid is also set. 4.4 Termination of Employment Contracts Termination of Employment Contracts by Employee Fixed-term contracts can be terminated in accordance with the termination clause of the contract. This typically allows the employee to terminate by giving three months’ notice or accepting payment in lieu thereof. In such a case, the employee is paid any annual leave accumulated and any benefits as agreed under the contract; in most cases, this benefit would have been forfeited for early termination of the contract. Continuous employment can be terminated by the employee by giving the statutory one-month notice (or notice of seven days if the employee is still on probation), or the agreed notice as per the employment contract, or payment in lieu of notice. In this case, compensation for length of service and any accumulated annual leave is due. Termination of Employment Contracts by Employer For both fixed-term and continuous employ - ment, the employer may terminate in cases of serious disciplinary offences. In this case, the employee will only be entitled to payment of any accumulated annual leave, and not to compen - sation for length of service. Redundancies Employers may opt for this where: • the business has ceased to operate, in whole or part;
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