Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report.

The Committee recalls that, in its previous comments, it had referred to the following points which derive from the 1980 Industrial Relations Act.

Article 2 of the Convention. The need to adopt a specific provision accompanied by sufficiently effective and dissuasive sanctions for the protection of workers' organizations against acts of interference by employers and their organizations.

Article 4. The need to restrict the occupational tribunals' power to refuse registration except on procedural grounds or because the clauses of the agreements are not consistent with the minimum standards of labour legislation, whereas at present the tribunal is able to refuse registration of collective agreements that are not consistent with government directives on wages and wage levels.

The Committee notes with interest that, according to the information in the Government's report, a draft Industrial Relations Act which takes into account the Committee's comments has been elaborated and submitted to the Parliament in 1995. This draft has already been approved by the National Assembly and is to be submitted to the Senate. In addition, the draft amendment to the Employment Act of 1995 has also been elaborated and is to be discussed before a tripartite commission prior to being submitted to the competent authority. The Government adds that it will transmit a copy of these two texts once they have been adopted.

The Committee trusts that these two texts will bring the legislation into full conformity with the requirements of the Convention. It requests the Government to furnish a copy of these two texts with its next report even if they have not yet been adopted so that it may examine their conformity with the Convention. If the texts have been adopted, the Committee requests the Government to transmit them in their final version.