Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Eswatini (Ratification: 1981)

The Committee notes the information provided by the Government in its report which indicates that there has been no change in the application of the Convention.

The Committee reiterates the previous comments referred to in the following points:

1. Article 3, paragraph 2, of the Convention. Section 98(1) of the Employment Act provides for an exception to the prohibition of night work by "young persons" (as defined in section 2 of the Act, that is to say persons who have reached the age of 15 but who are not yet 18) for purposes of apprenticeship or vocational training. An exception to this kind is authorized by the Convention only for young persons who have attained the age of 16 and on condition that the authorization concerns only specified industries or occupations that must be carried on continuously.

2. Article 6, paragraph 1(a). Provision must be made (for example, by display on notice-boards) for ensuring that the legislation on the prohibition of night work by young persons is known to all the persons concerned.

The Committee notes the indication in the Government's report that the Government has drafted and submitted a Bill on the Industrial Relations Act, 1995, to Parliament. This Bill has already been debated and approved with amendments by the House of Assembly. It is now on its way to the House of Senate. The comments made by the Committee of Experts from time to time have been taken into consideration when drafting this Bill. The Employment Act Amendment Bill, 1995, has already been drafted and is now waiting to be discussed by the tripartite Committee (composed of employers, workers and government) before it is submitted to the competent authorities.

The Committee requests the Government to supply information on any progress achieved in the adoption of the Employment Act Amendment Bill, 1995, and to send a copy of this Act when adopted.