Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Eswatini (Ratification: 1981)

Article 5 of the Convention. Implementing legislation. The Committee recalls its previous comment, in which it drew the Government’s attention to the relevant legislation, that is, the Employment Act of 1980 and the Regulation of Wages (Agricultural Industry) Order of 2000, which do not appear to give effect to certain provisions of the Convention, namely the special treatment for young workers in cases in which the annual holiday with pay granted to adult workers is not considered adequate for young workers (Article 5(a)); the increase in the duration of the paid holiday with the length of service (Article 5(b)); the granting of proportionate holiday to workers who have not completed the minimum period of service to qualify for full annual holiday with pay (Article 5(c)); and the exclusion of periods of sickness from the annual holiday with pay (Article 5(d)). In its latest report, the Government indicates that the Employment Act 1980 is currently under review and that the Committee’s comments will be duly considered by the tripartite Wages Council for agriculture when it next reviews the relevant wages regulation order. The Committee accordingly requests the Government to keep the Office informed of any further developments concerning the process of revision of the Employment Act and the adoption of a new wages regulation order for the agricultural sector, and to transmit a copy of any new legislative text once it has been adopted.