Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Eswatini (Ratification: 1978)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. Further to its previous comment, the Committee notes the Government’s indication that the rest day of workers in certain industries may be suspended by mutual agreement between the parties depending on the job requirement, where particular workers would be required to work overtime or asked to remain on duty beyond their normal working time. The Committee further notes, in this respect, the Regulation of Wages (Manufacturing and Processing Industry) Order 2012, the Regulation of Wages (Hotel, Accommodation, Catering and Fast Food Trades) Order, 2012, and the Regulation of Wages (Building and Construction) Industry Order, 2013, attached to the Government’s report, which confirm that the work performed during the suspension of the weekly rest day constitutes overtime that will be paid at a stipulated rate. The Committee draws the Government’s attention, in this connection, to the Convention’s requirement that total or partial exemptions to the weekly rest scheme be limited to those which have been previously authorised, in consultation with the social partners (Article 4), and that any such exemptions be compensated, as far as possible, with extra time off (Article 5). The Committee requests the Government to give consideration to amending its Regulation of Wages Orders in order to give full effect to the provisions of the Convention and to provide information concerning any measures taken or envisaged in this regard. The Committee further notes the Government’s indication that the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), will be brought before the Labour Advisory Board for consideration. Recalling that Articles 7 and 8 of Convention No. 106 incorporate similar requirements for total or partial exemptions to the weekly rest scheme, the Committee requests the Government to continue to provide updated information of any decision in this respect.