Act 20 2020 - EMPLOYMENT (AMENDMENT) ACT

[1st June 2020] Supplement to Official Gazette 257 EMPLOYMENT (AMENDMENT) ACT, 2020 (Act 20 of 2020) I assent Danny Faure President 1st June, 2020 AN ACT to amend the Employment Act, Cap 69; to regulate the deferment of payment, and the reduction, of wages of a worker pending the termination of the Government programme for salary support to workers as a result of the Covid-19 pandemic; to restrict the lay-off or redundancy of Seychellois workers in certain circumstances; to suspend any notice given to a worker until after 1st July 2020; and for matters incidental thereto. ENACTED by the President and the National Assembly. Short title 1. This Act may be cited as the Employment (Amendment) Act, 2020. 258 Supplement to Official Gazette [1st June 2020] Amendment of 2. The Employment Act is amended as follows — Cap 69 as last amended by Act 24 of 2016 (a) by inserting after section 39 the following section — Prohibition “39A.(1) Notwithstanding anything against to the contrary in this Act, an employer deferment or reduction of shall not, whether with the agreement of wages the worker or otherwise — (a) defer the payment of wages, whether partly or otherwise, of a worker; or (b) reduce the wages of a worker; without first initiating and complying with the negotiation procedure. (2) Part 1A of schedule 1 shall, mutatis mutandis, apply to negotiation procedure under this section. (3) Where consequent to the negotiation procedure, the competent officer determines — (a) that payment of the wages may be deferred or that the wages may be reduced, as the case may be, the employer shall be entitled to defer payment of, or reduce, the wages in 262 Supplement to Official Gazette [1st June 2020] [1st June 2020] Supplement to Official Gazette 259 sections 48 and 51 in respect of a non- accordance with the Seychellois worker, or a worker in directions issued by respect of whom the employer has not the competent officer; received full salary support from the or Government. (b) that payment of the (4) Any negotiation procedure wages shall not be initiated or applied for prior to 20th March, deferred or that the wages shall not be 2020, shall remain valid. reduced, as the case may be, the employer I certify that this is a correct copy of the Bill which was shall comply with the passed by the National Assembly on 19th May, 2020. determination. (4) In making a determination under this section the competent officer shall take into account all relevant Mrs. Tania Isaac matters and shall, notwithstanding any Deputy Clerk to the National Assembly other time-limit set out in this Act or any other law, make a determination within a period of 14 days from the start of the negotiation procedure. (5) The competent officer shall allow a deferment of the payment of the wages or a reduction of the wages, as the case may be, on being satisfied that the consent on the part of the worker to the deferment or reduction was obtained without any threat, duress, fraud or mistake. (6) This section shall not apply to a worker in respect of whom the employer has not received full salary support from the Government without prejudice to the right of a worker to initiate a grievance procedure under Part III of Schedule 1. 260 Supplement to Official Gazette [1st June 2020] [1st June 2020] Supplement to Official Gazette 261 (7) This section shall lapse on (i) the reduction, or termination of the Government deferment of payment, programme for salary support to of wages of a worker; employees in the private sector as a result of the Covid-19 pandemic.” (ii) the temporary lay-off of a worker; or (b) by inserting after subsection 51 the following (iii) terminating the contract section — of employment of a Restriction on 51A. An employer shall not be worker on the ground lay-off and allowed to temporarily lay off or make of redundancy; and redundancy redundant a Seychellois worker, if the of a Seychellois employer — (b) the competent officer, worker prior to 1st July 2020 (a) is employing a non- approves, as the case may Seychellois worker in be — a similar post as the Seychellois worker; (i) the reduction, or and deferment of payment, of wages of a worker; (b) has not initiated the negotiation procedure (ii) the temporary lay-off to temporarily lay-off of a worker; or or make redundant, as the case may be, the (iii) the termination of the non-Seychellois contract of employment worker. of a worker on the ground of redundancy; (c) by inserting after subsection 81(1) the following section — any notice given by an employer to a worker, on the basis of such approval Suspension “81A.(1) Notwithstanding any other of provision to the contrary in this Act, shall not take effect prior to 1st July, negotiation 2020. procedure where — (2) Section 39A and subsection (a) an employer initiates, (1) shall be deemed to have come into during the period from operation on 20th March, 2020. 20th March 2020 to 30th June 2020, the negotiation (3) Subsection (1) shall not procedure for — apply to the negotiation procedure under