Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the Government’s indication that the new Employment Bill (Part XVIII) replicates Part XIII of the current Employment Act, with a view to ensuring continued compliance with the Convention. The Government also indicates that the Public Procurement Bill, which was previously submitted to the Committee, is now an enforceable Act of Parliament. The Committee notes that Part 5, section 40(1) and (2), of the Act provides that in order to be eligible to participate in public procurement, a tenderer shall attest that it complies with labour legislation. In this respect, the Government indicates that, presently, all invitations for tenders at the instance of Government and all Public Enterprises require the tenderer to acquire a valid Labour Compliance Certificate issued by the Commissioner of Labour after a labour inspection has been conducted by labour inspectors and a report has been prepared confirming that the particular tenderer complies with applicable labour or employment standards. The Committee notes that the Commissioner of Labour has made an effort to ensure that all public enterprises and the Government Tender Board systematically require tenderers to submit Labour Compliance Certificates and to safeguard against abuse in their issuance by unscrupulous individuals. The Committee requests the Government to take all necessary measures to ensure that the Convention continues to be effectively implemented. It also requests the Government to keep the Office informed of further developments and to transmit a copy of the Employment Bill once it has been adopted.

Article 4(a)(iii). Posting of notices. The Committee welcomes the copy of the Wages Regulation Order (Building and Construction Industry), Legal Notice No. 184 of 2010 and the revised Wages Regulation Order (Building and Construction Industry), Legal Notice No. 114 of 2013, which contain a sample of the notices that employers are required to keep displayed at the workplace under section 142 of the Employment Act, 1980. The Committee requests the Government to continue to supply copies of the notices and forms of records mentioned in Article 4.

Practical application. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, examples of public contracts containing labour clauses, extracts from inspection service reports and details of the number and nature of contraventions reported.