Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Seychelles (Ratification: 1978)

Other comments on C087

Observation

Direct Request

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The Committee notes the observations of the Association of Seychelles Employers (ASE) and the Seychelles Chamber of Commerce and Industry (SCCI), communicated with the Government’s report, as well as the Government’s statement pertaining to the status of the review of the Industrial Relations Act (IRA) set out below.

In its previous comment, the Committee had requested the Government to provide information on the developments regarding the review of the IRA, particularly the amendments of its following provisions:

-section 9(1), so as to repeal the Registrar ’s discretionary power to refuse registration;
-section 52(1)(a)(iv), so as to reduce the majority required to declare a strike to a simple majority;
-section 52(1)(a)(iii), so as to consider shortening the length of the cooling-off period;
-section 52(4), so as to ensure that the responsibility for declaring a strike illegal does not lie with the government authorities, but with an independent body which has the confidence of the parties involved; and
-section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful.

The Committee notes the Government’s indications that a report with the recommendations for amendments developed by an ILO consultant in 2021 is currently under review by the Ministry of Employment and Social Affairs. According to the Government, the report contains recommendations: to repeal section 9; to provide that the strike ballot “shall be successful where it obtains the support of a majority of the workers in the bargaining unit concerned by the labour dispute”; to amend section 56(1) so as to limit the penalty to solely a monetary fine, as opposed to a monetary fine combined with imprisonment; and to set up a Commission for Conciliation and Mediation which will have statutory powers to create a deadlock breaking mechanism and prevent strike action. No recommendation has been made regarding the authority to declare a strike unlawful. The Government indicates that it is yet to finalize its position on the proposals. While taking due note of the work carried out with the technical assistance of the ILO, the Committee recalls that it has been requesting the Government to amend the IRA for a number of years. It therefore urges the Government to take all necessary steps to expedite the legislative review, in consultation with the social partners, and to take into account the Committee’s previous comments, including its expectation that the amendment of section 52(1)(a)(iv) will continue to ensure that account is taken only of votes cast, as well as its comments on provisions apparently not mentioned in the consultant’s report. The Committee requests the Government to provide information on the developments in this regard.

The Committee notes the Government’s indication that while the 45 days cooling-off period is not preceded by compulsory prior mediation or conciliation procedure and begins at the time of the reporting of the dispute to the Minister, in its view, it is possible to further shorten it to 30 days, in consultation with the social partners. Recalling that the period of advance notice should not be an additional obstacle to bargaining, the Committee requests the Government to provide information of developments in this respect.