Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Seychelles

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1978)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1978)

The Committee notes the observations of the Association of Seychelles Employers (ASE) and of the Seychelles Federation of Workers’ Unions (SFWU) regarding the application of Conventions Nos 26 and 99 (minimum wage fixing machinery) communicated with the Government’s reports. In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment.

Articles 1 and 2 of Convention No. 26 and Article 1 of Convention No. 99. Scope of application. The Committee notes that, in reply to its previous request for information on the practical application of section 6 of the Employment (National Minimum Wage) Regulations 2007, which provides that the Minister in charge of employment matters may exempt any worker or category of workers from the application of these Regulations, the Government indicates that during the reporting period no exceptions were made in the application of this provision. The Committee also notes that, in reply to its previous request concerning the treatment of foreign workers, the Government indicates that the 2014 National Employment Policy adopted with ILO technical assistance includes a strategy on migration, foreign labour and localization with the aim of promoting equal pay for work of equal value regardless of nationality at all levels and that a national labour migration policy is under development.

Article 3(2) of Convention No. 26 and Article 3(3) of Convention No. 99. Participation of social partners in the operation of the minimum wage fixing machinery. The Committee notes that, in reply to its previous request on this matter, the Government indicates that a working group, consisting of the Ministry of Finance, the Central Bank and the National Bureau of Statistics, assesses the economic indicators in order to determine the inflation rate and advises the Government on the necessity for any increase in the minimum wage. The Committee also notes that, while section 40 of the Employment Act provides for consultations with social partners in the determination of the minimum wage, the observations from the ASE and the SFWU indicate that such consultations are not ensured in practice. The Committee therefore requests the Government to take the necessary measures to ensure that employers’ and workers’ organizations are effectively consulted in connection with the operation of the minimum wage fixing machinery and to provide information in this regard.