Government to discuss proposed consensus on amendment to Employment Act 1995 |16 May 2020

Stakeholders during the general meeting yesterday afternoon (Photos: Thomas Meriton)

After the National Assembly voted on Tuesday this week to adjourn debate until further negotiation on an amendment to the Employment Act 1995, proposed by the executive to protect employees following the impact of COVID-19, the department of employment has held three meetings with the private sector, trade unions and stakeholders.

The employment department represented by Minister Myriam Telemaque, principal secretary Jules Baker among other top officials in the department, started off with consultation meetings on Thursday with the trade unions, namely the Seychelles Federation of Workers Union, the Seychelles Labour Union and the General Employers’ Trade Union of Seychelles.

Held at the International Conference Centre (ICCS), the private consultation meetings continued yesterday morning with the private sector represented by the Seychelles Chamber of Commerce and Industry (SCCI), the Seychelles Hospitality and Tourism Association (SHTA) and other individuals, before ending with a general meeting in the afternoon for a general consensus.

The trade unions were in favour of the bill on the protection rights of workers through the suspension of redundancies and non-salary payment by employers during the coronavirus (COVID-19) pandemic, further to ending of the salary assistance by government by end of June 2020. But they had also wanted to see ways in which employers do not fall bankrupt so that they will be able to keep their employees.

Speaking to the media at the end of the meeting, PS Baker claimed that a general consensus was reached and the next step is to present the proposals to government in a meeting to be held this morning at State House. He noted that the general consensus involves financial implications and it is the government that will have to give its input before the bill is sent back in the National Assembly for deliberation on Tuesday May 19, 2020.    

PS Baker said that the main concern from the private sector is that the law prevents them from negotiating salary terms and conditions with employees and also prevents them from making redundancies in time of financial difficulties, thus in a sense making them powerless. They claimed, he noted, the bill is in favour of employees so there is a need for further discussion as both parties are being affected financially. He explained that the employment department is not in a position to amend the law as it is now in the hands of the legislators.

He also claimed that the department has recorded 988 complaints from employees regarding unfavorable decisions being undertaken by employers.

PS Baker stated that the intention of the bill in the first place is to protect employees from being made redundant including the safeguarding of their salaries as some employers are maliciously reducing salaries of their employees, including planning to make them redundant, among other issues in relation to special leave, even before the lockdown.

He also said that some employers have filed for redundancy application even though government has guaranteed their staff’s salaries while others have used the rejection for salary assistance as the basis. He claimed those businesses did not qualify for government assistance as they are not facing any financial difficulties and thus are in a position to pay their workers’ salaries.

All parties involved in the discussion were on the same level on the outcome of the consensus which they claimed will protect the interest of the workers while it will also support the employers to be able to continue with their economic activities as they all await for the country’s economic activities to bounce back to normal.

SCCI representative Pierre Quatre said the organisation was categorically not in favour of the drafted bill.

“The bill suspends the rights of employers and employees to negotiate with each other,” said Mr Quatre. He noted that if the private sector, which contributes 60% in the country’s economy, is not allowed to negotiate with its employees, it will not do any good to the country’s economy. He claimed that 90% of businesses have been affected by the COVID-19 pandemic.

For his part, Antoine Robinson from the Seychelles Federation of Workers Union said that they are in favour of the bill as some employers have been taking it upon themselves to make the lives of their employees difficult. He noted though that they also agreed on further discussion in time of disagreement for the benefit of both parties.

Patrick Joubert