How do you end employment in Seychelles?
An employer in Seychelles usually has to go through a negotiation procedure with the Ministry of Employment before it gives notice, and notice is one month for most workers. Compensation of five sixths of a day's wage for each completed month is usually payable when the cause is not the worker's. If you need to end a contract here, Teamed's real HR and legal experts, assigned within 24 hours, check the reasons and the record first. A designated person then guides the next steps, with 24/5 human support.
· Seychelles guide
Photo: Jessica Pamp on Unsplash
An employer who wants to end most contracts first notifies the Union and the Chief Executive, usually 42 days before giving notice. Exceptions include probation, serious misconduct and casual, part-time and domestic workers.
Notice is one day for casual workers, seven days on probation and one month for most other workers. Compensation is usually five sixths of a day's wage for each completed month of service.
How much notice must you give in Seychelles?
Notice is one day for a casual worker, seven days for a worker on probation, and one month for most other workers.
The same periods apply to the worker's own notice.
| Worker | Minimum notice, employer and worker |
|---|---|
| Casual worker | 1 day |
| Worker on probation | 7 days |
| Seychellois worker on a continuous or fixed-term contract | 1 month |
| Non-Seychellois worker | The period in the contract, or 1 month where the contract states none |
| Fixed-term contract expiring, or worker about to reach retirement age | The employer tells the worker at least 1 month before, or pays 1 month's wages instead |
Pay for the notice period can be given instead of having it worked. An employer cannot give notice to a worker who is on sick leave, pregnant or on maternity leave unless a competent officer allows it. A worker can end the contract without notice if the employer is in serious breach, and must tell the employer in writing. The employer gives a certificate of employment within 21 days after the job ends.
What is the negotiation procedure before a termination?
Unless an exception applies, an employer notifies the Union and the Chief Executive at least 42 days before it intends to give notice.
A competent officer then runs consultations and makes a determination within 14 days.
| Step | Time limit |
|---|---|
| Employer notifies the Union and the Chief Executive, with the reasons, the workers and the selection criteria | At least 42 days before giving notice. The Chief Executive can shorten it in exceptional cases |
| Competent officer invites the parties to consult | Within 7 days of registering the notice |
| Competent officer makes a determination | Within 14 days of registration |
| Appeal to the Minister | Within 14 days of the determination |
| Employer may act, including giving notice | 21 days after the determination |
The competent officer can decide that the contract should not be terminated, and then it continues. Terminating a contract without the procedure is an offence. An employer who proposes to end a contract for a reason personal to the worker invites the worker to take part in the consultations.
When can you end a contract without the procedure?
An employer can end a contract with notice during probation if the worker does not satisfactorily complete it, and at any time for a casual, part-time or domestic worker.
It can end a contract without notice for a serious disciplinary offence.
The same exception covers a trainee who fails the training. Two more cases are treated as not the worker's fault, so compensation follows: a worker who does not consent to less favourable terms and whose contract the employer then ends, and a transfer of the business to another person.
For a disciplinary offence the employer investigates fairly, lets the worker explain, and records the decision. The employer can suspend the worker without pay for up to one month during an investigation of a serious offence, and tells the worker the outcome before 40 days have passed. A worker who disputes the measure can start the grievance procedure, and the burden of proving the offence is on the employer.
When is compensation payable in Seychelles?
When a contract is ended for a cause that is not the worker's, the employer pays five sixths of a day's wage for each completed month of service.
For a fixed-term contract it is double that rate.
| Item | What the Employment Act and Regulations set |
|---|---|
| Cause not attributable to the worker | 5/6 of one day's wage for each completed month of service (continuous employment), and double for a fixed term |
| Cause partly or wholly the worker's | A lesser rate or none, as the competent officer assesses |
| Resignation or retirement | The Act also provides compensation when a worker resigns or retires on five years' service, with exceptions such as resigning during a disciplinary suspension |
| The wage used | The wage at termination, including any responsibility or duty allowance |
| Interest | Payable at the rate the Minister sets from the date the compensation becomes payable |
The Regulations give a formula: annual pay times the hours in a day times the days of compensation, divided by 52 times the weekly hours. After five years, 60 completed months is 50 days of wages. For a worker on SCR 20,000 a month, in an 8-hour day and a 40-hour week, that is about SCR 46,153.85 on our arithmetic. We confirm the wage and the hours before we quote the figure.
How does redundancy work in Seychelles?
The employer notifies the Chief Executive at least 21 days before it intends to give notice of redundancy.
It can give notice 72 hours after the competent officer's determination.
The worker, the Union or the employer can appeal to the Minister within seven days, and the Minister decides within 30 days. A worker under notice of redundancy gets half a day of paid leave each week to look for work. The compensation is the same five sixths of a day's wage for each completed month.
An employer cannot make a Seychellois worker redundant if it employs a non-Seychellois in a similar post and has not started the procedure for that worker. We check this before the notice goes out.
What happens if a Seychelles termination is challenged?
The worker can register a grievance within 14 days of becoming aware of the event, and a competent officer tries mediation for up to 28 days.
If mediation fails, a party brings the matter to the Employment Tribunal within 30 days.
The Tribunal can decide that the termination was justified, or that it was not justified and the worker is reinstated or offered other suitable work. If reinstatement would be impractical, it can allow the termination and order payment in lieu of notice. Failing to comply with an order made under the grievance procedure is an offence.
For a non-Seychellois worker dismissed for a serious offence, the employer notifies the Chief Executive within 48 hours, and the worker has seven days to start a grievance. Fines run from SCR 20,000 to SCR 40,000, with a daily penalty of SCR 400 for a continuing offence. Plan the process, the reasons and the record before you end a contract.
How does Teamed support a termination in Seychelles?
Teamed's real HR and legal experts check the right route for your Seychelles hire first: employer of record, contractor or your own entity, and a designated person guides the notice, the reasons and the record.
The procedure, compensation and grievance rules above are applied to your case before you serve anything.
Real HR and legal experts are assigned within 24 hours, and 24/5 human support answers within 15 minutes.
The check is part of every plan and comes before any contract is signed. Contractor, employer-of-record and own-entity routes run on one platform, so a change of route does not mean a change of provider.
Start from the Seychelles hiring overview for the wider picture. EOR is the right model for a first hire in many countries, until it isn't.
Frequently asked questions
How much notice does an employer give in Seychelles?
One day for a casual worker, seven days on probation and one month for most other workers. A non-Seychellois worker's notice follows the contract, or is one month where the contract says nothing.
Is compensation payable on every termination in Seychelles?
Usually when the cause is not the worker's: five sixths of a day's wage for each completed month, and double for a fixed term. It is less or nothing where the cause is the worker's own.
Can you end a contract in Seychelles without going to the Ministry?
In some situations: during probation, for a casual, part-time or domestic worker, or for a serious disciplinary offence. Otherwise the employer usually starts the negotiation procedure 42 days before it gives notice.
How long does a worker have to bring a grievance?
14 days from becoming aware of the matter, to a competent officer, who tries mediation for up to 28 days. If mediation fails, a party goes to the Employment Tribunal within 30 days.
Seychelles ties termination to a negotiation procedure with the Ministry, one month's notice for most workers and compensation by the completed month.
The timing is what surprises employers: 42 days, then 14 days, then 21 days before any notice is given.
Call your designated person before you serve notice, not after.
Looking for a job in Seychelles yourself? Teamed does not hire people directly. Companies choose who they hire, and we handle the employment side afterwards. Here is why we cannot help with your search.
