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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Eswatini (RATIFICATION: 1978)

The Committee notes that the 1996 Industrial Relations Act defines undertakings, among others, as being those employing more than ten persons engaged in the clearing and felling of trees, construction of roads and cultivation of land and that it specifically excludes domestic service in a private house (section 2). It further notes that casual employees are specifically excluded from the term "employee". The Committee would recall in this regard that Article 2 of the Convention applies to all workers, without distinction whatsoever, and thus the provisions in the Act concerning the right to organize should apply to all workers including domestic workers, casual employees and those engaged in undertakings with ten or fewer employees, including rural workers on small farms. While noting that the Industrial Relations Bill has eliminated the restrictions in respect of the number of persons engaged in an undertaking and in respect of casual employees, the Bill would appear to maintain the exclusion of domestic workers from the meaning of the term "undertaking".

The Committee trusts that the Bill will be adopted in the near future so as to ensure the full application of the provisions of the Convention to casual employees and workers in undertakings of ten or fewer employees in agriculture, the clearing and felling of trees, construction of roads and trade or industry. It further requests the Government to provide information on the impact on the rights under this Convention for domestic workers of their exclusion from the term "undertaking".