INTERNATIONAL TRADE ZONE ACT, 1995

PART VII
MISCELLANEOUS PROVISIONS

38. Wherever a dispute, other than one for which the grievance procedure is expressly provided under the other provisions of these Regulations, arises between employer and worker and internal dispute procedures, if any. have been exhausted without agreement, either party to the dispute may initiate the grievance procedure.

39.(1) Subject to subregulation (2), wherever an employer or worker is aggrieved by an authority, approval, decision or determination of the Authority, the employer or the employers' organisation on behalf of the employer, the worker or the Union on behalf of the worker, may appeal against it to the Minister.

(2) An appeal under subregulation (I), other than an appeal against a determination of the Authority consequent upon initiation of the grievance procedure, shall be lodged with the Minister within 14 days or such other period as may be prescribed after the date on which the authority, approval, decision or determination was given.

(3) Upon an appeal under this regulation, the Minister may consult with the Employment Council before giving the ruling on such appeal.

(4) A reference in these Regulations to the authority, approval. decision or determination of the Authority is to be construed, where the context so admits, as reference to that authority, approval, decision or determination as confirmed, reversed or amended by a ruling of the Minister upon an appeal.

(5) A ruling of the Minister under this regulation shall be given within 15 days or such longer period as may be prescribed after the date of lodgment of the appeal.

40.(1) A person who has attained retirement age shall not, without the written approval of the Authority or after such approval has been withdrawn, remain in the employment of, or take up employment with, another person.

(2) An employer shall not employ a person who has reached retirement age unless that person has the written approval of the Authority and such approval has not been withdrawn.

(3) Approval shall not be given under this regulation wherever there is a younger person suitably qualified to replace a person who has reached retirement age.

(4) A younger person aggrieved by an approval given under this regulation may appeal to the Minister under regulation 39.

41. Non-Seychellois workers, not exempt from the provisions of these Regulations, shall enjoy the same terms and conditions of employment as are applicable to Seychellois workers.

42. Every employer shall keep either a record-card on each of the workers or a register of the workers, being workers other than casual and part-time, which shall contain in respect of each worker the following information —

(a) the name, date of birth, national identity number and address;

(b) the occupation or previous occupation, if any;

(c) the date of engagement;

(d) the wages payable and any additional benefits or advantages;

(e) any disciplinary offences committed, the date thereof and the disciplinary measure taken, if any;

(f) any qualification attained by the worker during the employment of the worker under that employer;

(g) such other particulars as may be prescribed.

43. An employer shall, upon the termination of a worker's contract of employment, give to the worker a certificate of employment which shall contain such particulars as may be prescribed.

44. The Minister may make orders —

(a) prescribing anything which is required to be prescribed under these Regulations;

(b) prescribing forms for the registers to be kept under these Regulations;

(c) prescribing the records and returns to be kept or produced by employers;

(d) prescribing fees and charges in respect of any matter done under these Regulations;

(e) providing for the training of trainees and for a training levy on employers;

(f) prescribing allowances payable to a trainee and the manner in which the allowances are payable;

(g) qualifying, modifying or excepting provisions of these Regulations as regards their application to workers in outer islands and their employer;

45. (1) Subject to such exceptions as the Minister may impose in relation to any Part or to any provision of these Regulations and subject to the control and directions of the Minister, the Authority is responsible for the general administration of these Regulations.

(2) The Authority may, subject to the approval of the Minister, delegate any of the functions which the Authority is required to perform under these Regulations to any person.

46. In the exercise of the functions under these Regulations the Authority may—

(a) at all reasonable time enter any office or work place or site and make any examination or inquiry which the officer considers necessary in order to satisfy the officer that these Regulations are being complied with, and may take extracts or make copies from any books, records or other documents and, if this is not practical, remove the same upon giving a receipt therefor;

(b) interrogate any employer or worker on any matter concerning the application of these Regulations;

(c) require the production by the employer for examination of any register, record, return or other document the keeping of which is prescribed by or under these Regulations, copy the same or take extracts therefrom;

(d) require an employer to make any worker available for interrogation;

(e) require an employer to furnish projections of the future activities and of the manpower needs of the employer;

(f) require an employer to furnish information relating to the plans for training the workers of the employer and furnish reports on the training given to them.

(g) require an employer to furnish any information relevant to manpower;

(h) give any directions or advice necessary to ensure compliance with these Regulations.

47. (1) The Authority may appoint one or more persons, who is or are knowledgeable about the labour market and the employment Conditions in Seychelles to investigate anything relating to employment in a zone and report thereon in such manner as the Authority directs.

(2) Any person appointed by the Authority shall, and if so directed by the Authority, make reports to the Authority and on the conclusion of the investigation the person shall report the person's opinion in relation to the affairs that the person has been appointed to investigate together with the facts upon which the person's opinion is based to the Authority.

(3) The Authority may give a copy of a report made under this regulation to each person to whom in the opinion of the Authority the report ought to be given by reason that it relates to the affairs of that person to a material extent.

(4) The Authority is not bound to furnish any person with a copy of the report or any part thereof if the Authority is of the opinion that there is good reasons for not divulging the contents of the report or any part thereof.

(5) The Authority shall not give a copy of a report made under this regulation to a person if the Authority believes that legal proceedings that have been or, in his opinion, might be instituted, might be unduly prejudiced by giving the report to that person.

(6) A court before which legal proceedings are brought against aperson for or in respect of matters dealt with in a report under this regulation may order that a copy of the report or part thereof shall be given to that person.