Migrant Workers in Seychelles: The Mechanisms in Place to Address Their Work-Related Disputes in the Light of Article 54(2) of the Convention on Migrant Workers

IF 0.1 Q4 LAW
J. D. Mujuzi
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Abstract

According to the Seychelles Ministry of Employment, as of July 2022, twenty-five per cent of the workforce in Seychelles were migrant workers. In December 1994, Seychelles acceded to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (the Convention).  Article 54(2) of the Convention provides that ‘[i]f a migrant worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State of employment.’ In 2008, the Seychelles Employment Act (the Act) was amended to establish the Employment Tribunal (the Tribunal) with exclusive jurisdiction over labour matters. Before an employer or worker lodges a grievance before the Tribunal, he/she is required to first attempt mediation before a competent officer in the Ministry of Employment. The Act includes specific provisions applicable to non-Seychellois workers. In this article, the author read the cases decided by the Tribunal between 2008 and September 2022 to establish how it has protected the rights of migrant workers. The author also assesses the mediation provisions under the Act—before competent officers. The findings show that the Tribunal’s approach substantially complies with Article 54(2) of the Convention. The author also illustrates the extent to which Seychelles complies with Articles 1(2), 25, 26, 32, 37, 43(3) 66(2) and 68 of the Convention. However, where necessary, the author suggests ways in which the rights of migrant workers can be better protected. Although there have been a few reported cases of irregular foreign workers in Seychelles, this article is limited to the protection of the rights of regular migrant workers. This is so because the author could not find a case in which the Tribunal or the competent officer dealt with the rights of irregular foreign workers. However, based on the drafting history of the Convention, it is argued that it applies to both regular and irregular workers.
塞舌尔的移徙工人:根据《移徙工人公约》第54(2)条解决与工作有关的争端的机制
根据塞舌尔就业部的数据,截至2022年7月,塞舌尔25%的劳动力是移徙工人。1994年12月,塞舌尔加入了《保护所有移徙工人及其家庭成员权利国际公约》(《公约》)。《公约》第54条第2款规定:“如果移徙工人声称其工作合同的条款受到雇主的侵犯,他或她应有权向就业国主管当局提出申诉。“2008年,修订了《塞舌尔就业法》,设立了对劳工事务具有专属管辖权的就业法庭(法庭)。在雇主或工人向法庭提出申诉之前,他/她必须首先向就业部的主管官员进行调解。该法包括适用于非塞舌尔工人的具体规定。在本文中,提交人阅读了法庭在2008年至2022年9月期间裁定的案件,以确定它如何保护移徙工人的权利。提交人还在主管官员面前评估了该法下的调解规定。调查结果表明,法庭的做法基本上符合《公约》第54(2)条。发件人还说明了塞舌尔遵守《公约》第1(2)、25、26、32、37、43(3)、66(2)和68条的程度。然而,在必要时,作者提出了更好地保护移徙工人权利的方法。虽然据报在塞舌尔有几起非正规外国工人的案件,但该条仅限于保护正规移徙工人的权利。这是因为发件人找不到法庭或主管官员处理非正规外国工人权利的案件。然而,根据《公约》的起草历史,有人认为它既适用于正规工人,也适用于非正规工人。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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