INTERNATIONAL TRADE ZONE ACT, 1995

PART IV
EXECUTION AND PERFORMANCE OF EMPLOYMENT CONTRACT

12. A contract of employment shall be binding on the parties to that contract and performed in good faith.

13. Unless otherwise provided under these Regulations the wages of a worker are payable to the worker in the currency of the country where payment is made either in cash or, with the worker's consent by cheque or bank transfer.

14.(1) An employer may make deductions from the wages of a worker in respect of—

(a) any amount which the employer is requited or empowered to deduct from the wages under any written law or court order;

b) the recovery of the cost of any damage done to, or loss of, any property lawfully in the possession or custody of the employer occasioned by the worker;

(c) any amount paid to the worker in error as wages in excess of the amount of wages due to the worker;

(d) an amount equal to the amount of any shortage of money arising through the negligence or dishonesty of a worker, who, by virtue of the occupation of the worker, is entrusted with the receipt, custody and payment of money;

(e) such other amounts as the worker may in writing authorise.

(2) Without prejudice to any right of recovery of any debt due, the total amount of all deductions which, under subregulation (1 )(b), (c) and (d) may be made by an employer from the wages payable to a worker at any one time shall not exceed one third of the wages unless the worker authorises a higher amount.

(3) Notwithstanding subregulation (2), where any sum of money is due from a worker to the employer of the worker at the time the worker ceases to be employed by the employer, the employer may deduct that sum from any sum due from the employer to the worker as wages or any other benefit under these Regulations.

15.(I) An employer shall keep a pay-book in which shall be entered a record of the wages due to each of the workers in the employment of the employer, of the deductions made there from and of the amounts actually paid.

(2) The pay-book shall be kept at the place of employment and shall be available for inspection by the Authority.

16.(1) An employer upon paying the wages of a worker shall keep a record of the payment made together with evidence of receipt of payment of the worker.

(2) Where an employer fails to keep a record as required under subregulation (I) and there is a dispute over the fact of payment, a presumption that the employer has not made payment arises against the employer.

(3) Where the receipt of payment is not recorded on the pay book kept under regulation 15(1), the receipt of payment shall contain the particulars of wages together with the deductions made therefrom.

17. Notwithstanding any other written law, privileges and rights in respect of wages of servants under articles 2101, 2104 and 2105 of the Civil Code extend to—

(a) the wages of all workers;

(b) their holiday pay;

(c) payment in lieu of notice due to them upon termination of employment as agreed upon by the employer and the worker;

(d) compensation due upon termination as agreed upon by the employer and the worker.

18.(1) Where an employer or former employer of any worker is about to leave Seychelles —

(a) without having paid or made satisfactory arrangements to pay —

(i) any wages due to the worker; or

(ii) any other moneys owed by the employer or former employer to the worker; or

(b) with the intention, as may be presumed from the circumstances surrounding the business or finances of the employer or former employer, of foregoing the obligations, past or future, to the worker under these Regulations,

then, unless the employer or former employer furnishes sufficient and good security for the full amount of the wages and moneys due under paragraph (a) and of the obligations under paragraph (b), the Authority may apply to the Supreme Court for an order preventing the employer or former employer from leaving Seychelles.

(2) An order of the Supreme Court under subregulation (2) preventing the employer or former employer from leaving Seychelles shall be sufficient authority for the Director of Immigration from preventing the employer or former employer from leaving Seychelles.

(3) Where the Supreme Court is satisfied that an employer or former employer in respect of whom an order has been made under subregulation (2) has paid the amount of wages and moneys and discharged the obligations or furnished sufficient and good security for the payment of the amount of wages and moneys or for the discharge of the obligations, the Supreme Court may vacate the order.

(4) The Chief Justice may make rules of the Supreme Court for the purposes of an application under subregulation (1).

19. Where a worker —

(a) is absent from work without leave and without good cause; or

(b) ts in prison or otherwise detained in lawful custody,

no wages are due to the worker, and the employer may, at the discretion of the employer, withhold payment for the period of absence, imprisonment or detention.

20. (1) The Minister may, after consultation with the Authority, make order prescribing the conditions of employment to be provided for workers by employers.

(2) Orders made under subregulation (1) may prescribe—

(a) the maximum permissible number of hours of work, normal and overtime, in any day or week, rest periods and the number of consecutive hours of rest to which a worker is entitled;

(b) the number of days of annual leave, maternity leave, sick leave or unpaid leave and the conditions under which such leave may be granted;

(c) extra rates of payment or time off in lieu of overtime, work on Sundays and other public holidays and exceptions therefrom;

(d) conditions attaching to the employment of women, trainees and disabled persons;

(e) generally improved working conditions.

21. The Authority may require an employer to give security for the payment of the wages of, and for the discharge of any other obligations which the employer may have or incur towards the workers engaged or to be engaged by the employer, the security to be in such form as the Authority may demand or as may be prescribed.

22. (1) Workers under contracts of continuous employment are entitled to all employment benefits under these Regulations from the date of employment until lawful termination of the contracts.

(2) Workers under contracts of employment for a certain time are entitled to all employment benefits up to the day that contract. expires or the earlier lawful termination of the contract, as the case may be.

(3) Where the lawful termination is immediately preceded by a period of suspension without pay, the termination is deemed to take effect as from the date the period of suspension began.