Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Eswatini (Ratification: 1978)

The Committee notes the Government's report.

For several years it has been noting discrepancies between the national legislation and the Convention on the following matters:

1. the absence of provisions in the legislation respecting the protection of workers' organisations against acts of interference by employers or their organisations, contrary to Article 2 of the Convention;

2. the compulsory registration of collective agreements by the occupational tribunal, which may refuse registration in the event of non-observance of government directives on wages and wage levels, contrary to Article 4 of the Convention (sections 5(1b) and 43(3) and sections 4(4) and 44(3b) of the 1980 Industrial Relations Act).

1. In its previous observations, the Committee noted that the Labour Advisory Board, a tripartite body, had before it an amendment to the legislation intended to give effect to Article 2 of the Convention.

In its current report, the Government indicates that the work of the above Board on this matter has still not been completed, but that no cases of interference covered by Article 2 of the Convention have been brought to the knowledge of the Government.

While noting this statement, the Committee points out that under the terms of the Convention observance of the right set out in Article 2 must be ensured by appropriate measures, that is by legislative means.

The Committee trusts that the legislative process that is under way will be completed in the near future and requests the Government to supply full information on the progress achieved in this respect.

2. The Committee notes that the Government's report contains no information on the point raised concerning the implementation of Article 4 of the Convention.

The Committee therefore refers to its previous comments to the effect that the procedure according to which, before a collective agreement is applied, it is submitted to an industrial tribunal for authorisation, which is given after certifying that it is in conformity with official directives on wages, is a restriction of the right of workers to negotiate freely with their employers their terms and conditions of employment. It once again emphasises that government directives, particularly those concerning wages, should not be imposed upon the social partners but should be accepted voluntarily by all the parties concerned through appropriate procedures.

Consequently, the registration of a collective agreement should only be refused on grounds of form or because the provisions are not in conformity with the minimum standards of the labour legislation.

In this connection, the Committee refers to paragraphs 309, 311 and 313 of its General Survey of 1983.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to give full effect to this provision of the Convention on this point.