Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Eswatini (Ratification: 1981)

Article 2 of the Convention. Insertion of labour clauses into public contracts. The Committee notes that the Employment Act, 1980, Part XIII of which gives full effect to the requirements of the Convention, is currently in the process of being revised. The Committee also notes the Public Procurement Bill, 2010 and the draft Public Procurement Regulations, which aim at modernizing public procurement institutions and practices, ensuring transparency and accountability, achieving efficiency and promoting fair and non-discriminatory treatment of tenderers, but do not contain any provisions regulating the working conditions applicable to those engaged in the execution of public contracts. The Committee requests the Government to take all necessary measures to ensure that the Convention continues to be effectively implemented either through the revised Employment Act or the new public procurement legislation. It also requests the Government to keep the Office informed of further developments and to transmit a copy of the new legislative texts once they have been adopted.

Article 4(a)(iii). Posting of notices. The Committee notes the Government’s reference to the Wages Regulation Order (Building and Construction Industry), Legal Notice No. 184 of 2010, which contains a sample of the notices that employers are required to keep displayed at the workplace under section 142 of the Employment Act, 1980. As this document was not attached to the Government’s report, the Committee would appreciate receiving a copy.