Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to indicate measures taken to ensure that workers and their organizations are effectively protected against acts of interference and anti-union discrimination. In its reply, the Government recalls that this was part of the agenda of the Labour Advisory Board, which acknowledged the need for a study to be undertaken especially in the textile sector which is the most affected. The Government also considers an awareness-raising campaign through radio programmes and road shows as well as on-the-ground work by the Labour Inspectorate, in order to discourage interference and anti-union discrimination behaviours. The Government adds that the ILO technical assistance will be sought. It also informs that the worker members of the Labour Advisory Board noted, in relation to the Government’s report, that trade union meetings are still monitored by the police despite their registration. The Committee requests the Government to provide information on any development with regard to the measures envisaged to ensure that workers and their organizations are effectively protected against acts of interference and anti-union discrimination, in accordance with the Convention.

Article 4. Promotion of collective bargaining mechanisms. The Committee had previously requested the Government to provide information on the status of collective bargaining in all sectors, including in export processing zones (EPZs), following the entry into force of the Industrial Relations (Amendment) Act No. 6 of 2010, which modified section 42 of the Industrial Relations Act (IRA) by requiring employers with more than two unrecognized unions to give collective bargaining rights to such unions to negotiate on behalf of their members. The Committee notes that in its report the Government acknowledges that section 42 of the IRA as amended has not been resorted to, and that there are therefore no recorded cases of collective bargaining pursuant to the amendment. In order to improve the situation, the Government is willing to seek technical assistance from the ILO, and the Labour Advisory Board suggests mobilizing appropriate national capacity. The Government further specifies that, by virtue of the Wages Act of 1964, there are presently 18 sector-based wages councils that undertake collective bargaining on conditions of work issues, including wage adjustment, hours of work, overtime pay, maternity leave and annual leave. The Committee observes in this respect that, by the virtue of section 6 of the Wages Act of 1964, while the Minister consults representative organizations to appoint one member representing the employers and one member representing the workers, the Minister also appoints directly three members as being independent persons, including the chairperson. While acknowledging that it is up to the legislative authority to determine the legal minimum standards for conditions of work, and that the fixing of minimum wages may be subject to decision by tripartite bodies, the Committee recalls the principle under Article 4 of the Convention that any collective agreement fixing conditions of employment should be the result of bipartite bargaining without interference from the Government. The Committee trusts that the wages councils set by virtue of the Wages Act operate in compliance with this principle and requests the Government to provide information on the functioning of these sector-based councils, and in particular to specify any agreement reached.

With regard to the textile sector, the Government asserts that it has promoted awareness on the provisions of the law regarding collective bargaining, through workshops which resulted in the formation of a joint negotiation council in the EPZs, but that the arrangement did not last due to some employers pulling out for various reasons. With regard to collective bargaining in the public sector, the Government indicates that public sector trade unions engage in collective bargaining with the Government in the Joint Negotiation Team (JNT) to set salaries and benefits in the public sector on an annual basis, and that there is no restriction as to the subject of negotiation.

While taking due note of the details provided, the Committee requests the Government to continue to provide information on steps taken to promote collective bargaining in all sectors, including measures taken to implement section 42 of the IRA, as well as information on the number of collective agreements signed and the number of workers covered.