INTERNATIONAL TRADE ZONE ACT, 1995

PART III
FORMATION OF EMPLOYMENT CONTRACT

6. (1) A contract of employment may be a contract of continuous employment or for a certain time settled between the parties to that contract.

(2) Where a contract is entered into for a certain time if there is any doubt as to the terms after the services have been rendered and this doubt cannot be resolved by any evidence, the parties shall be deemed to have agreed to reasonable terms having regard to the surrounding circumstances and local practice.

7. Notwithstanding any written law, a contract of employment entered into by a minor of the age of 15 years or above and-whereby that minor is, or is to be employed is binding upon the minor if attested by the Authority and by the Minister after consultation with the Employment Council,

8.(1) A contract of employment may be entered into orally or in writing.

(2) Where a contract is in writing it shall be in duplicate and specify as accurately as possible—

(a) the names of the employer and worker;

(b) the nature of the employment;

(c) where a contract is entered into for a certain time or specific project, either the time or the specific project or work on which the worker is to be engaged, as the case may be;

(d) in the case of a contract of continuous employment, the probation period which shall not be more than six months;

(e) the zone where the work is to be performed;

(f) the wages to be paid and the periods of payment and any other benefits including compensation the worker is to receive;

(g) the number of working hours per week, if any;

(h) such other particulars as may be prescribed.

(3) Where a contract is in writing it shall be signed or marked by the parties to the contract, and the employer shall retain one copy and give the other copy to the worker.

9. Where the zone is an outer island or a part of an outer island and a worker is detained on it for a period of up to one month beyond the date of expiry of the contract of the worker, the contract is deemed to be extended for that period but after a month has elapsed, the obligation to work ends but the worker remains entitled to the pay stipulated under the contract and to all benefits thereunder until the worker returns to the home island of the worker or, where the home island is not Mahe, to Mahe.

10. Where a contract of employment is in writing, it shall be either in English, French or Creole.

11. (1) Any employer in a zone may employ trainees on a training scheme, untrained workers for which a training course is readily available, and any participants in any apprenticeship schemes.

(2) An employer shall not receive directly or indirectly from persons mentioned in subregulation (1) or on their behalf any payment by way of premium.

(3) The Authority may, in addition to suspending or revoking its licence, order the employer to repay to the trainee or other person,by whom the payment was made the sum improperly received as premium.

(4) A trainee is entitled to the same conditions of employment as other workers, except that instead of wages the trainee shall be paid such allowances as the Authority may, in consultation with the Minister, by Notice in the Gazette, prescribe.

(5) For the purposes of these Regulations, the persons mentioned in subregulation (1) are deemed to be trainees.