[cAP 69

2010 EDI EMPLOYMENT ACT

(SUBSIDIARY)

SECTION 40
S.I. 34 of 1991.
EMPLOYMENT)
EMPLOYMENT (CONDrrIoNs oF S.1. 45 of 1991.
S.1. 58 of 1992.
REGULATIONS S.1. 81 of 1992.
S.1. 46 of 1998.
S.I.3 of2000.
[ln May 1991] S.I.9 of2006
S.I. 49 of2009
ARRANGEMENT OF REGULATIONS S.I. 99 of2008

Regulations
1. Citation
2. InterPretation
3. Maximumnumber of working hours
4. Rest Period
5. HolidaYs
6. Overtime hours
i. Additionalemploymentprohibited
8. Offences
9. Annual leave
10. ComPassionateleave
11. Education leave
12. Sick leave
13. Unfitness for particular duties
14. Part-time workers
iS. U*ptoy." entitled to sickness benefit
16. MaternitY leave
17. Notice to emPloYer
18. MaternitY leave comPulsory
lg. Contract exPiring
20. Leave for civic duties
21. Minimum emPloYment age
22. Prohibited employment of young persons
23. MaternitYProtection
, . Calculati'on of wages and compensation
25. Offences
26. Employment without contract prohibited
27. Advanies to worker entering into contract
28. Free transPort and food
worker and family
;;'. Medical eiamination ofworker
30. Breach of contract bY
31. ShoP on outer island
12. Directions by competent officer
33. Invoices uPonPurchases
34. Housing and water suPPlY
35. Medical facilities and care
36. Death of worker gn<!1g'y-slips
3; . Mu*", of payment olwaggg
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Regulations
38. Task work on outer island
39. Visits of competent officer
40. Registration of grievances
41. Definition
42. Housing
43. Transport and uniform
44. Union activities
45. Record card
46. Period of training
47. Trainee'sallowance
48. Young worker's allowance
49. Offences
50. Penalties
Schedule - Records Cards

Citation.
l. These Regulations may be cited as the Employ-
ment (Conditions of Employment) Regulations.
Definitions
2.(1) In these Regulations -
' I'altemative holiday" means a day off work granted
in lieu of a holiday;
"days" when used in relation to leave includes
holidays;
I
Cap 96 A "eSSential SerViCe" means
-
(a) a service relating to the generation, supply
or distribution of electricity;
(b) any hospital or medical services;
(c) a service relating to the supply or distribution of water
(d) a service relating to the sewerage service;
(e) port and marine services;
(0 a service relating to civil aviation;
(e) the fire brigade;
(h) a service relating to telecommunication;
(i) a service deemed by a notice under the Industrial
Relations Act to be an essential service."

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"holiday" means Sunday or a public holiday;

"medical certificate" rqeans a 'certificate by a
medical practitioner, or other person authorised
by the Minister responsible for Health to issue
certificates for the pulposes of these Regulations;
"part-time worker" means a worker other than a
casual worker who works for the same employer
for a period less than 25 hours a week or
irrespective of the period of work for a period less
than3daysaweek;
"public holiday" does not include Sunday;
"rest period", in relation to a worker, means
period which is not working time, and does not
include a rest break or leave to which the worker
is entitled under these Regulations;
trshift-worker" means
a worker engaged in an
occupation which, by reason of its nature, requires
the regular attendance and attention ofpersonnel;

"week-day" means any day other than a holiday.

"working time", in relation to a worker, means
any period during which the.worker is performing
his duties or is at the employer's disposal foi
performing duties and includes any period during,
which the worker is undergoing training.

3.(1) An employer shall not require a worker, other Maximum

number of
than a watchman, to work for more than - rvorting

(a) the number of hours per week or per day

hours.

which the Minister may, by notice in the

Gazette, specjfy in respect of any
occupation;
(b) 60 hours per week or 12 hours per day,
whichever is the less.
(2) The hours referred to in subregulation (1)
include an aggregate of a half-hour's break per day but
do not include any longer break which may be given for
meals or any other purpose.

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(3) An employer shail not reqlii-r.e a *,atchman to

work for rnore than 72 hours per week.
Rest periods
s.L -1i2000
4. An employer shail grant to his worker at least 24
s.I. 9/2006 consecutive hours'resi in any perioci of '? days. An employer
shall also ensure that there is an interval cf a least g
consecutive hours between the end of a <laiiy sliift and the
beginning of the next shift, pravided that rvhere a daily shift
is divided into 2 parts the interval may be reduced
proportionately.
Holidays

5.(1) Except in an essential sewice, an employer shall

not iequire a rvorker, other than a shift-worker or a
watchman, to work on holidays.

{2) A worker, other than a shift-worker or a

watchman, who works on a holiday, is entitled to double-
pay for that day, or to an alternative holiday, at the option of
the employer.

(3) A shift-worker or watchman who works on a

public holiday is entitled to double pay for that day" or to an
alternative holiday, at the cption of the employer.

(4) Nothing in ihe preceding provisions of tliis

regulatiorr shall be constrr.red as preventing an employer who
rerquires any worker to iriork on a holiday from agreeing to
allow double pay fbr that day or an altemative holidav at the
worker's option

Civertime 6.ll) Notiviitrsrandins regulation 3. a worker, other

thalr a .ivatchman-
hours.
s.I.45/1991
s"i. 58i1992
{a) fiiay e?iee,

(b) ffioy, in exceptional circumstances, be

required by his employer,
to work for up to 60 additional hours per month or an
aggregate of 15 hours per day.

{2) Subject to subregulation (3), overrime is payable-

(a) in the case of a worker, other than a shift

worker or a watchman. at the rate of -

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(i) 1tz'z hours pay for i hour's work on a

ra'eek-elay;

(ii) 2 hours' pay for I hour's work on a

hoiiday;

(c) in the case of a shift-worker, at rhe rate of-

(i) I7'z hours'pay for i hour's wor.k on a

week-<lay or Sunday;

(ii) 3 hours' pay for t hour's r.vork on a

putrlic holiday,
but the ernployer may give the worker time off equivalent
to not more than two-thirds of the nurnber of hours worked
as over-tirne in lieu of payment, unless the employer and
the rvorker agree to convert any part or ali of the overtime
hours worked into casli.
7. (Repealed) s.r. e/2c06

8.(i) An employer rvho - oirences.

(a) coiltravenes reguiation 3(1), 4,5(1) or

-7t1\.
t 1- 1.

(bi permits a worker ro work for addirional

hours in breaeh ofregulation 6(1).
(c) fails to pay doi.ible pay of overtime pay or
to grant aiternative holiciays or time-off in
lieu as rcquircd undcr rcgulation 5{2) or
5{3) or 6(2),
is guilty of an off'ence,

_ . (2) A r.vorker who contravenes reguiation

7(1) is guilty of an offence.
6(l) cr

9"{ I ) A
rvorker, other than a casual or part-time Annuat
is entitied io 21 days' paid annual leave or, f?::;ro*
rrv'orker,
u,here ihe emplo.vment is for less than a year, to 1.75
days for each rnonth of employrneht, the aggregate
number of days being rounded up upon additiorr to the
highest integer.

(2) Subject to this regulation, the annual leave

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entitlement is taken each year by mutual arrangement

between employer and worker but the employer shall ensure
that a worker, engagecl by him under a contract of
continuous employment or under a contract for a fixed
terrn which lasts for a year or more, takes a minimum period
of 14 consecutive days' leave in a year, unless the worker
has, under the mutual arrangement, agreed to accumulate his
leave entitlement.

(3) Leave not taken in a year may be accumulated.

(4) Where it is mutually agreed between an employer

and a worker, the leave entiiiement of the worker in any
year may be converted into cash payable in that year.

(5) Under a contract for a fixed term or under a

contract for employment on an outer island, the r,vhole of the
leave earned and not taken may be convefted into cash upon
termination of the contract.

(6) A part-time .,vorker is entitied to leave under sub-

regulation (l) in the proportion which the number of hours
worked by him bears to the number of hours which a fill-
time worker in the same occupation lvould have worked.

(7) A casuai u,orker who has worked f<rr the same

employer for 5 consecutive days is entitied in respect of
such 5 days to half of his day's pay in lieu of leave.

(8) With effect from 1" January 2006, Saturdays,

Sundays and Public Holidays shall be excluded in
calculating a period of annual leave earaed after that date
under this regulation.

(9) (a) Subject to paragraph (b), the following

formula shall apply for the purpose of
converting accumulated leave into cash:

Sulury p". y"u. * Nr-b.

"d
Number of days per year;

(b) Where an employer allows a worker to

accumulate the worker's leave and the
number of days' leave so accumulated

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exceeds 42. ihe -*orker shall be entitied

itr olte and a half times the normal pay
for each day in excess.

10.(l) Whercver a tvorker loses a 'rery close relative Compassionate

or there are other cotnpassionate reasons which rcquire the ieavr.
presence or attendance of the r.r'olker, he shall be entitied
to compassionate learre.

(2) Where leave raken under subregtlation (1) is in

excess of 4 days in a period of i 2 months the erce ss nrar'
either be unpaid or. at the discretion of the empioyel, ma:v'
be deducted fii:rn lhe '*'orker's eniitiet:rent to iinnual
leave.

(3) A r.vorker shall also be alloweiireasonahle time

off work, witir or r,vithoui pa-y at the discreticn of the
employer, to attend to matters which cannot nor-inail,i, be
attended to except during the worker's u'orking hours.

11.(1) Where there is a training programme apprc,ved Education leave.

by the Minister responsible for Human Fre Source s

Development. directed towards persons of a particular
occupation. a worker in that occupation, rvhc- has trot
previously attended snch or a similar programme, is
entitled to education leave for the purpose of attending
the programme.

(2)The entplrryLrr is resiionsible tc the rvorker fbr

pavment of his wages u,hile airsent on education leave -

(a) for a period of 6 months, where the

traintng proqratr)me referred to ir-l
subregulation (1) is a fuil-time onel

(b) fbr the duration of the progranlme,

u'here it is part tirne onlY.

(3) Repcaled" s.I.46i 1998

(.4) fhe {iovelnlnent Inay-, in its discretion ancl lbr .+6i

S.I. 1 998
reasons it deens to i:,: ercei;tionai" pay to a worker lvhil
is attending a fi,il1 iitnc Lt'airting progr'sit"Irrlc rvhich lasts
for mrlrc tiran 5 months au a]lou'ance qual to the e

.,vorker's szLiary during the periorl ol the training

progremme.

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(5) Payment of lhi, ailrt,;.1;.luir r-..'lerre {i to in

subregulation (.4) shail be coridiiir:ii;ri i-ti.! ihe li/orker
cCIrnpiying with an1, agreerr.ent entcrcd intr.i br:t-,,l,een the
worker &nd the enrploycr: relating to the training
progralrune.

. (6) - A rvorl<el'. whr: aiioirc;, i,r his empioyer for leave

under subregulation il) anci is reiused, rla}i initiate the
gilevance irroccriurc.

(7)
.beyond edncation ieev-. e.,rtends to a period
_ -Where
_12 consecutive months" the pror.isions
relating to
annual learzs ehs|1 not anply to thd u,'orker during ihat
period.
Sick ierrvr. 12.(_1) Subjcct ri-, thig iesiilarion a rvorker. other than a
s.i. -3t2000 casual or pa;1-time u,ork.r, i: entiti*d 1.* sick ieave in anv
period of'12 rnonths as lbjL-,u,s -
(a) an aggregare rraxirnrrrn oi. 30 da.vs' paicl
sick leave:
(b) rvhen a w.orker is requireci by a rnedical
practitioner to be confined to a hospital or
sirnilar irstitution if -
(i) the worker has not exhausted his 30
rlays' paid sick leave refened to in
oaragraph (a1. and

iii) 1jr: ,,','cl.i,cr rs contjne d at the

irospital or similar institution or at
irome {irr a ir-rntinuous period which
c'rteltd:; l"re;,r;nd the unexha-usted
pali oi'thr 1{,'t {;-,,5' paid sick leave.
the u,orker shall be entiil.d io ii ixl.iiiei nlaxiniunr 30 davs'
paid sick leave dLrring that r._-ontiniloLrs pelioci;

(c) an aggregate maximum of"60 days' unpairl

sick leave ailel.ihe exhailstior: of paid sick
leave nnder this regularir:n.

(2) Entitlernent ro sick ieave under subreguiation (i)

arises where
-
(a) a rnedical certiflcate of unfitness for work
or confinement, as the case mav be. is
produced;

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(b) in the case of subregulation (l)(a) or (c), a

worker's child under 12 years of age is
medically "certified sick and a medical
practitioner or officiai authorised by the
Minister of Health recommends that the
r.vorker attends the child:

(c) in the case o1'subregulation (l)(a) or (c), a

worker's dependant other than a child under
12 years of age i-s rnedically certified sick
and a social worker cefiifies that the sick
person tequires the attendance of the
r,vorker.

(3) Where a worker is under a contract for a fixed

term and the duration of the contract is less than 12 months,
the eligibility to sick leave under subregulation (1) is of a
number of days bearing the same proportion to the terrl of
the contract as the periods of sick leave refered to in
subregulation (1) bear to 12 months, but in any case ends
upon the date of expiry of the contract.

(4) Where foliowing the full period of paid sick leave,

a medical practitioner cefiifies that the worker rvill not
recover and be fit for work the contract is deeinecl to be
frustrated.

(5) Where a worker frrr reasons attributable to

sickness fails to report for work after a full period of unpaid
sick leave, the contract is deemed to be frustrated.

(6) Where a r'vorker fbr reasons not attributabie to

sickness fails to report for work after the t-ull periocl of unpaid
sick leave, the contract is deemed to have been tetminated by
the rvorker.

(.7) Whenever a rvorker is, tbr reasons attributable ro

sickness, unable to report for rvork, the lvcrker shall so
inform the ernployer rvithin 24 hours if practicabie, or as
soon as possible therealler.

13.(1) Wherc a medical certificate is procluced to the Unfitness lbr

pafiicular
effect that a worker is r-rnfit for the particLrlar duties l'or which duties.

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he was engaged but may perfbnl altemative duties and no

alternati'e duties are available, the wcrker is entitieci tcr
sick leave under reguiation I2.

(2) Where, consequent upon the pro{iuction of a

certificate under subregulation (1), aiteriati'e Cuties are
available, the worker shall be terrrporariiy reclei:loyed to
those duties but the wages for his normai duties are
maintained,

(3) Where a wrirker teniporarilS,. reCeplo-vecl uncler

subregulation (2) is still unfit for his orevious dutics af,ter
60 days, he may, subjeci to section 4g at the Act" be
pennanentiy redeployed to his new cu.ties in r,vhich case rhe
terms and conditions attaching to the new duties shall
apply.

$) Where a permanent redeployment pursuant to

sutrregulation (3) is not available, the worker shail. suirject
to regulation 12(.3), be entitled to 60 clays' unpaid sick leave
unless a medical cerlificate is producecl under regulation
l2($ in which case the contract of employment is cieeme<l
to be frustrated.
Part-time
lvorkers.
14. A part-time worker is entitied to paid sick leave
when he absents himself on grounds of sickness and
produces a medical cerlifie ate or cefiificate of confinement,
as the case may be, but such entitlernert is lirnited to a
number of wolking days' a-bsence which bears the same
proportion to the period of paid sick leave ref.erred to in
regulation i2(l) as rhe number of days *.orked by the part-
time worker in a week bears to 5 days.
Employer
entitied io
15. An employer rvho pays sick leavc under
sickness regulation 13 or inaternity leave under regulation 16 to a
benefit.
Cap.225.
worker is subrogated in the rights of the worker to anv
siclaress or maternity be,efit to which the w-orker is entitlei
under the Social Security Act.

Matemity leave.
s.l.45i
16.(l) A t-emale worker under e contracl oi'continuous
1991.
S.1.81/1992. employment or, subject to subrcguiation (3), under a
s.i. 3i2000. contract fbr a fixed term or a part-time female worker is
S.l 49 of 2009.
entitled 14 rveeks' paid maternity leave of rvhich not iess
than 12 weeks shall be take n afler the date of confinement,

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and to ,{ :a,eeks' unpaid matemity leave to be taken either

befbre *r after paid matemity leave.

(2) 'rVhere, whether before or after the period of paid

rnaternity ieave rinder subregulation (1), a female worker is
i,l.leCi*ai1-v r:ertiiied as unfit for w*rh c:r gr*unds of iiiness.
or of disabiiity arising out of pregnancy or confinement,
she is *ntitled to sick treave under regulation 12.

{3)Where a fbmale worker is under a contra*t for a

fixed tes:ri her oligibility to rnarernity ieave under this
reguiati*n *nrls upon the date of expiry of the contract.

17 " A pregnant worker shall give to her employer at Noticc to

employer.
least 3 rnr:*ths' notiee of her expected date of confiliernent.

t$. A female worker entitled to paid maternity leave Maternity

returr to work before the end of her entitlement
sleail not leave
compulsory.
leave and an emplnyer who permits or induces a female
worker so t* refurn is guilty of an offence.

t9. $firere a female worker fails to return to work L'onlract

after ihe full period of maternity leave allowed under ex iring.
l-n

regulatir:n ir:r{1} then, unless she produces a medical

ccrtifi*ate u:rder regulati*n 15(2), the contract of
ernpli:ymrcnt is deemed to have been ternrinated by her.

2{}" A w.orksr shali "be etltitled to an aggregate [.i:ave for civic

inaximurn oi" 14 <iays' paid leave in any period of 12 duries.

manihs fnr tkie purpose of fuifilting or in connection with

:xry eivie Cuti*s approved hy the Minister.

?4. A person shall not irave in that person's employ Minimum

eraploJment
aesther ot'less than i5 years of ilge. age.
s.1.32000.
32.(1) A person shall not employ another under the age Prohibited
of i8 yeers in a hotel, guest-house, boarding house, any employment of
young pers0ns"
place wliere tourists are accofiux.odateetr, restaurant, shop,
har, night*iut:, danee-hall, diseotheque or similar place of
emtertainment or on a ship or aircraft.

Frorid*d ii:at the forr:g*ing shall not apirly to any

emplovmcritr uuelcr a tr*ining scheme approved by the
Minister iii r.i.riting.

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(2) A person ,tutt ,"t enrylCIy another uncl*r the

age of 18 years befween the hours cf X0 p.in. effid 5 a"m.
(3) A person sha1l not employ another under the
age of 2l years in a gaming-house or easino.

(4) Notwithstanding subregulations (1) anci (?) the

competent officer' may, exceptionally, grant speciai
written permission for the employrnent of any person
aged 15 to 17 years inaplace listed in subregulation (i)
or between the hours of 10 p.m. and 5 a.m.

23.(1) A female worker, from the time she is 6

months' pregnant and up to 3 months after her
confinement, shall not be employed on overtime work or
night between the hours of 10 p.m. and 5 a.m.

(2) Where, at arry time during pregnancy and up to

3 months after confinement, a female worker produees a
medical certificate that a change in the nature of her
work or duties is necessary in tlae interest of her health
or that of her child, she has the right tci .be kansferued ro
other work or duties appropriate io her er:nr"iiti*le rvitirslrit
loss of wages.

(3) Where a transfer is not pcssii:ie pursuact to

subregulation (2), the lbrnale worker is entitled to siek
leave under regulation 12.

Caleulation of 24"(1\ The flollowing fcrrunula shall apply fi:r {h*

rvages an<I
purpose of calculating the wages of, a worker whelse
con!.'qnsiti0n"
wage is calculated on an hourly basis;

Salpry per vea{

52 x weekly workimg hours

{2) The fcllowing formula shall apply fi^:r the

purpose of calculating compensation payable tc* a wcrker
under section 47(2) of the Act:

A Sx-il
SS s- H"\

A stanrls frlr snlary rar 1'rj,3r;

B iq1.a.*ils {i,:.:,;1,*lkipg i-i*lirs nu.r da!,

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C stands for number of days entitled under section

47 2(b) (i) of the Act;
D stands for number of working hours per week.

(3) Compensation payable to a part time worker

shall be the amount which a fulI time worker in the same
occupation would have received under these Regulations
reduced in the proportion that the nurnber of hours which
the full-time worker would have worked bears to the
number of hours which the part-time worker had worked.

25. An employer who contravenes regulation 21, Otlences

22(l), (2) or (3) or 23(1) is guilty ofan offence.

26. An employer, or a manager or representative Empioyment

withoul
of an employer, on an outer island who employs a worker contract
on an outer island without there being a contract of prohibited.

employment with that worker in accordance with section

22 of the Act is guilty of an offence and liable
to a fine of SR.20,000.

27.(l) An employer on entering into a contract of Advances to

worker entering
employment with a worker under section 19 of the Act may into contract.
give to the worker an advance of wages not exceeding the
equivalent of 2 months'wages.

(2) Where an advance is given under subregu-

iation (1), the manner of its repayment shall, without
prejudice to,section 33(1) (e) of the Act, be stipulated in the
contract.

L (3) Where a worker takes an advance of wages Cap.1 58.

under subregulation (1) and subsequently fails to embark

on the vessel or board the aircraft provided to take him to
the place of employment, his failure so to embark or board
shall, if he is charged with an offence under section 29'l of
the Penal Code, be prima facie evidence that he entered
into the contract without intending to perform his
obligations thereunder.

2S.(l) Subject to regulation 30, a worker under a Free transport

and food.
contract of employment for work on an outer island,
proceeding to or returning from work on the outer island is
entitled to free passage and food during the passage for

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himseif and members of his family accompanying him.

(2) The entitlement to a free return passage and

free food during passage for mernbers of a worker's family
is available to thern or any of them whether or not they
accompany the worker but so long as they avail
themselves of the entitlement within 6 months afler the
date of departure of the worker unless delayed beyond that
period for reasc.ns of pregnancy or illness.

Nledical 29.(l) A worker or any member of his faniiiy

exarlination
of worker benefiting from an entitleinent under regulation 28 shall
and i'ami1y. not proceed to the outer island where the worker is to be
employed unless he has been medically exarnined and
Cap.126. cerlified fit by a medical practitioner registered under the
Medical Practitioners and Dentists Act.

(2) A medicai examination under subregulation (1)

shall be held within 7 days prior to the departure of the
worker or of the member of his family.

s.t. 3i2000. (3) Repealed.

(4) A person who proceeds or attempts to proceed,

or induces or attempts to induce another person to proceed
to an outer island in breach of this regulation is guilty of
an offence and liable to a fine of R.5000"

Breacir of 30.(1) Where a worker returns to his home isiand in

contract b-i
rvorkcrs. breach of his contract of employment on an outer island.
then, unless he had at the tirne of his departure completed
% ths of his period of setvice, he shall bear the cost of his
repatriation and of that of the members of his family in an
amount not exceeding25o/o of his monthiy wages.

(2) Notwithstanding subregulation (1), where

consequent ullon the grievance procedure, if &try,
instifuted under section 61 of the Act the competent
officer detennines that the worker was justified in
terminating his contract, the repatriation expenses are fully
borne by the employer.

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:i.i;i :it.:ii{rn -:.4(2) of the Act dtles trot a1;1iv in Shop on outer
islands.
it:laiiri;t it *mp1o','t':tel1i on an ouier island"

i.:-j .'i.l *rripic;',.er lothc cn:plo-vs ir"t:rkers oil a*

,irutcr isla*d shali k.;ep ot; ttrar island a shop for the sale
ii: 1:is -,i'+::l;crs anti tlieii i;:,milies of foodstuils and basic
ileclr:;sitiris l{'liie rr;d ;hall rctain in stock there at any
tin:c nt least :: month's s,.rpply of such ftrodstuf'fs and
neeessities.

fli A shop referred to in subregulation (1) shal1

be open at sitcii titn* i::i to be readil,l' acccssible to
r.rrorkers 4,n,.1 iherr iamilii: itirrJ its opening hours shall be
po-tlt'tl (|n a iiiitiu$ iroard on the outside of the shop.

(4i
The price at u'irich goods rnay be sold to a
u'*rk.er i;r tnt:ribcr of his family under this regulation
sha11 not exceed by more than such percentage as the
Principal Secretarv to the Minister may determine by
nr:tice rn tht {jazette (and different percentages may be
cletrrnrineci for different goods and lor diiTerent outer
i:lat-d.) -

(ai the price r:f th* salne or similar goocls

rii h{ahc; o-r

fh) in the case of price controiled goods,

rhc *raxinrutn pricc af those goods,

;lr:il shali tre prtstr:d up oll a board rn'hich shail be

drri.iaveii in ;1 gr--rnsllicui:us plsce in thc shop.

tsi ,1 5!1r,ll kept iinder this regulatiorr is srthiect Cap.1 1i.

tr.', the L,ico;rccs i\c1-.

((r) ln an-v dispLite as tt-r r'vhal ccinstll ,itei; ii basic

riecessit"i of life. the determination of thc ccllllp*tell't
ciJr';er to l.hat eftbct prevails'

:12. Ti:le oompeient officer may give to an l)rrec.iions by

competent
enrlrl,l-yer keeping a shop under r*gLrlati*n 31 (2') clllcer.
r1i-r',;i:iir.,*.,' '

{a} specifying the focdstuffs and basic

neaessities to bs made avaiiable in the
shop:

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(b) prohibiting the stot'age or sale of ccrtilirr

goods;

(c) as to the manner in which Saies dre lo

be effected in order to ersuld *ii
equitable a distribution o{' suppiy ;r:,
possible to r.vorkers taking into accuirr,i
the number of persons in tirrir
houseirolds.

Invoices upon
purciiases
33.(1) Whenever a worker or member' *f'his lauiii;,,
rnakes a credit purchase in a shop on tire ourer islar.i
where the worker is employed, the peison in charge of ihs
shop-

(a) shall make Ltrit ari invoice, showing the

clate of thr purchase. in duplicate irr
relation to the purchase; and

(bi shali deliver ir copy i:f,tire in.",oice 1;o thcr

purchaser.

(2)Subject to subregulation (3i, an empluyer o1'a

worker on an outer island may deduct from tire worker's
wages the arnount of credit purchases rnade by ihe worl<.er
or memtrer of his iamily from the outer island shop.

(3) A credit plrchase r.vhich is irot suppoiled b3r at

irloice niade at the time and on the date of the purchase
is deerned not to have been made and no deduction by the
ernpioyer iiorn the ivorkur's tvages ts irXlorved in rcspr-ct
ofthat purchase.

Housing aud 31.(i) During the period of a worker's contract ci

rvater slppl,v.
employment on an outer islaird the emplayer :;hall
pror,.iclo tire u'orker and his farnily r.,;rth housrng of a gor'rl
standard.

(2) Er,'ery ernployer of a worter on an cuter islatd

shali arrange for a suffrcient suppiy oi r,vhuicsome iviiter
for the worker and his family and shall obsen e any
reasonable directions which may be given to hirn by the
competent officer in respect of such water supply.

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35.(1) Every employer of a worker on an outer islant Medical

provide for the use of the rvorker and his families

Facilities and
care,
equipment and medicines and such general health faciliti s.t.3/2000

requirements of the Ministry of Heaith.

(2) Where a worker is ill and facilities for his

treatment are not available on the island or rvhere a
female worker or wife or concubine of a worker is
pregnant, the employer shall, at his expense,
ioung" for the repatriation of the sick 'arorker or of the
pregnant woman to Mahe or to a hospital or health
ientre where adequate care and treatment are available'

36. Where a worker dies during his period of Death of

wotker.
employment on an outer island, the employer shall as
soon as possible give notice thereof to the competent
officer together with a written repoft of the
circumstances in r,vhich the worker died, and shali pay
all wages due and deliver ail property belonging to the
deceased worker to the competent oftlcer fbr distribution
in accordance w-ith the lar.v.

37.(1) Section 32(2) of the Act does not apply in Manner of

payment of
relation to employers of rvorkers oI1 an outer island and -rvages and

the payment of wages of a worker there employed may pay-slips

be made

(a) by remittances to persons in Mahe

norninated by the rvorker to receive the
same;

(b) by settlement of accounts at the end of

the contract and payment to the u'orker
in Mahe.

(2) Without prejudice to sectioirs 35 and -?6 of the

Act, every employer of a rvorker employed on an outer
island shall produce to the u'orker at the end of each
month a pay-slip specifYing -
(a) the worker's nonnal wages Plus
earnings arising from overtime work,
work on holidays, payment in lieu of
holidays or otherwise;

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(b) the deductions made for social security,

shop account, remittances pursuant to
subregulation (1)(a) and otherwise; and

(c) the amount remaining due to the worker;

and such pay-slip shall be prima facie evidence as against

the employer of the amount due.

(3) No deduction is to be made under subregulation

(2Xb) for any remittance unless the employer has received
from the worker a written authority to that effect.

(4) Section 33(2) of the Act in so far as it limits the

amount which may be deducted from a worker's wages
does not apply to a worker employed on an outer island.

Task work on
outer isiands.
38. An employer may assign task work to a worker
employed by him on an outer island but such task work
shall not exceed the amount of work capable of being
performed in an ordinary day of 8 hours.
Visits by
Competeni
39.(1) An employer of a w-orker employed on an outer
officer. island shall provide the competent officer travelling to the
island in the exercise of his duties under the Act with
transport, food and accommodation facilities to the island
and with food and accommodation on the island but the
cost thereof shall be met by the competent officer.
(2) When a
competent officer requests from an
employer referred to in subregulation (1) transport to an
outer island, such transport shall be made available as soon
as possible and, in any case, not later than a month after the
date ofthe request.

Registration 40. Where a worker on an outer island is

ofGrievances. empowered by the Act to initiate the grievance procedure
and it is impracticable for him to register the grievance
within the time limit set out in paragraph 2(1) of Part II of
Schedule I to the Act, he may register the grievance within
14 days after his return from the outer island.

Definition. 41. In regulations 28, 29,31 and 33 to 35 references

to "members of a worker's family", "members of his

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family" or "farnily" are construed as references to the

person cohabiting with the worker and to the worker's or
their children normally living with the worker.
42.tD Subject to section 42 of the Act and to lourirg.

subreguiation {2), &rt employer rvho provides proper

housing for his worker may deduct a maxirnum of SR
1500 a n:onth from the worker's wages, unless the
conrpetent officer authorises tiro cleduction of a higher
amount.

(2) An ernployer shall not make a deduction under

subregulation (1) -

(a) in respect of housing provided to a worker

on an outer island; ar

(b) wherever a worker is compelled, by reason

of a transfer or ottrser circumstances of his
employment, to move from the house he
owns or occupies rent-free in Seychelles to
quarters provlded by the empioyer'

43. Where transport or uniforms are provided, no Tralrsp0rt and

rleduction shall be allowed therefor, if such deduction uniform.

rvould result in the worker receiving less than the national

minimumwage.

44. Repeaied s. t. li2(i{)0.

45.(1) A reeord card of a w*rker kept under section 68 Rccord card

:nd olher
of the Employment Ac,t, 1995 shail tre in form i set out in fomrs.
the Schedule except w'here the cornpetent officer has s.r.3i2000.

approvecl an alternative form which contains all required

inforrnation.

(2) The other t'orms set out in rhe Scheduie shali be

used for the purposes specified in each such form.

46.(1) Tlic pericd erf training *n an ernployer's training Period of

training.
scheme for persons en:ployed as trainees shall not exeeed
2 yearc or such longer period as may be authorised by the
competent officer.

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(2) A training course for untrained workers in

occupations shall not exceed 2yearc or such longer period
as may be authorised by the competent officer.

Trainee's 47.(l) Subject to subregulations (2) and (3), a trainee

Allowance
shall be paid an allowance equivalent-

(a) in the 1't year of training, to TOYo of the

salary payable to a worker engaged in
the work for which the training is being
undertaken;

(b) in the 2nd year of training, to 80% of

the salary payable to a worker referred
to in paragraph (a).

(2) Where a training scheme or a training course is

for a period not exceeding one year, a trainee shall be paid
an allowance equivalent to 80% of the salary payable to a
worker engaged in the work for which the training is being
undertaken.

(3) Where the allowance payable under subregu-

lation (1) or subregulation (2) to a trainee falling within
section 24(b) of the Act is less than the national minimum
wage, the allowance payable to that trainee shall be
equivalent, in the 1't year of training, to the national
minimum wage and in the 2nd year of training, if the
training is for a period in excess of one year, to that wage
increased by the increment payable to a worker engaged in
the work for which the training is being undertaken.

Trainees' 48.(1) A trainee referred to section 27 shaLlbe paid an

Allowances
s.I. l312000 allowance of -
(a) R1100 per month in respect of the first
year of training;

(b) R1300 per month, in respect of any

subsequent year of training.

(2) An employer-

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(o) who pays a trainee an allowance of R1100

shall be entitled to claim from the training
fund60% of such allowance;

(b) who pays a trainee an allowance of R1300

shall be entitled to claim from the training
fund40%o of such allowance;

(c) who employs a trainee as a worker at the

end of the training period shall be entitled
to claim from the training fund a sum
equivalent to 25Yo of the total allowance
paid to such trainee:

Provided that an employer shall not terminate the

contract ofemployment of a trainee referred to in this
paragraph within a period of two years except for a serious
disciplinary offence or any other just reason as determined
by the competent officer.

48A. The rate of interest for the pu{pose of section Interest on

:ompensation.
63,4. of Act shall be the maximum lending rate of interest
prescribed by the Central Bank of Seychelles prevailing on
the day that compensation becomes payable under that
section.

49. An employer in breach of a regulation for which

no offence is specifred under these Regulations is guilty of
an offence.

50. A person guilty of an offence under these

Regulations is liable, where no other penalty is provided, to
a fine of not less than R.1000 and not more than R.10,000,
and in the case of a continuing offence, to an additional
penalty of R200 in respect of each day that the regulation is
contravened.

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2010 EDI EMPLOYMENT ACT lcAP 69

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SCHEDULE (Reg.45)

FORM I

BEPUBLIC OF SEYCHELLES
PERSONNEL RECORD CARD
l. Organisation

2. Personal details
Surname Sex Date of Birth Marital Status
First Names Nationality National Identity Number
Maiden/Previous Overseas Address
Name
Residential (If Expatriate) . "... "....
Address

3. Educatior; Level Sub,iect Institution Rernarks

Date ( it'appropriate)

4. Training Level Field of Training Bonding

Date Trainine Organisation From: To:

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5.Employment Date Entry Personal Reason for

Record From: To: Point Salary Termination
P.A. (in all cases)
Employer Post Title Reason for
Termination
(in all cases)

6.Conditions of Employment Wages Other Benefits

Date

T.Discipline/Commendation Action Reason or Other

Record Date Remarks

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8.Accident Record Action Reason or other

Date Remarks

9. Expatriate Only

date of localisation where

ii)

GOP No. Issue/Entry Validity Nature of Remarks (e.g.

Dates of Contract Fringe benefits
From: To: Contract etc.)

REMARKS:

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2010 EDI EMPLOYMENT ACT lcAP 691
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Leave and Sickness Record

ANNUAL LEAVE
Year Arrears Amual Total Leave Taken No, of Balance Initial
Entitlement Due F'rom To Days Personnel
Taken Officer

Absence, Maternity, Sick and Special Leave

Type Leave From Taken to No. of Days taken Remarks

Form II
Section I l(2) of
Employment Act, 1995.

Pafiiculars submitted by the employer within l5 days of filling

of vacancy:

Employment Services Bureau

Unity House
Palm Street
P.O. Box 190
Victoria
Name of Employer:
Industry:

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Designation:

Form III
JOB CARD
Section 17 of the
Employment Act, 1995

Serial No:
National Identity No: ...../.... t......1.....1.....t......t.....t.....t
Surname:
Other Names:

Address:
Employment Status:
Date Issued:
Expiry Date: .........i.....
llt
.t .......t ........1.......1 .......1 ..........
Issuing Officer: .c'
.....1;:..... it

Form IV

Section 5A of
EmploymentAct, 1995

Vacancy Notification

Employer's Social Security No

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Name of Organisation:
Nature of Business:
Address:
.. Tel No:

Contact Person: .... Post:

Vacancy Information
Job Title/Occupation:

Contract of Employment

Continuous Casual
Part-time Fixed-term

Number of Posts

New Replacement Total

Starting date:
Location of Employment:

Basic Working Conditions

Working Hours:
Salary of the Post: ....... Other Benefits:

Summary of Main Duties

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Position Requirements

Education Level

Education Level Course/field E/D

P1-P6
51-55
Polytechnic

Post Polytechnic

Certificate
Diploma
Degree

Other (Specifu)

Notes: EID: Essential / Desirable

Experience/Special Knowledge and Skills:

Section 69 of
EmploymentAct, 1995

Certificate of Employment

Nameofemp1oyer:................Te1.No:.........
Postal Address:

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Certificate issued on: .....................By:............. ".......

(Name) (Designatton)

Details of employee

N.I.N: Address:

Date employed: ............ End of contract date:

Last monthly salary (gross):

Positions held : (Zasf.IaD ,Firsr)

Occupation Occupation
/Job Title From To /Job Title From To

Training acquired during the period

Conduct

Employer/Authorised Signatory.

Note: Helper employed by Universal Design and Reclamation Corporation Ltd.

exempted tiom reg. 4 - S.1 . 25 of 2000.

422

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