Protection of Wages Convention, 1949 (No. 95) - Eswatini (Ratification: 1978)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on C.95

The Committee notes the observations of the International Trade Union Confederation (ITUC) on the Minimum Wage Fixing Convention, 1970 (No. 131), received on 1 September 2022, as well as the Government’s response.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 95 (protection of wages) and 131 (minimum wage fixing) together.

Protection of wages

Article 14 of Convention No. 95. Information on wages before entering employment. Wage statements. Following its previous comment, the Committee notes the Government’s reference to the draft Employment Bill developed by the Labour Advisory Board in 2021, which will replace and repeal the Employment Act 1980 once adopted. section s 25 and 27 of the draft Employment Bill provide that written particulars of employment shall be provided when employment commences and when there are any changes. Moreover, while section 61(1) of the Employment Act 1980 excludes domestic workers, no categories of workers are excluded from the application of provisions on protection of wages under the draft Employment Bill. The Committee requests the Government to continue to provide information on measures taken to ensure that the new Employment Bill is adopted in the near future.

Minimum wage fixing

Article 4 of Convention No. 131. Review of minimum wage. Public sector. The Committee notes the observations of the ITUC, according to which, in 2021, public sector workers in Eswatini took to the street to protest low wages which, coupled with price hikes in the country, led to a severe impoverishment of workers in the public sector. ITUC alleges that public workers’ demands are ignored by the state authorities which persistently refuse to engage in negotiations. ITUC further indicates that there has been no salary increase in the public sector since 2016 and that meanwhile, workers have lost 15 percent on their salaries due to inflation.

The Government indicates in its reply that the collective bargaining machinery in the public sector is governed by the Constitution of the Joint Negotiation Forum (JNF), where the Government and the public sector associations (PSAs) meet regularly and negotiate all issues pertaining to terms and conditions of employees in the civil service. Most recently, the parties have been reviewing the Constitution of the JNF in order to improve the efficiencies of the collective bargaining processes in the civil service.

The Committee also notes that, based on the information provided by the Government, the collective agreement between the Government Negotiations Team (GNT) and the Eswatini Principals Association on the cost-of-living adjustment has been concluded for the 2022/2023 financial year. Consequently, a three percent increase of the monthly basic salary is implemented with effect from 1 April 2022, in addition to a one-off payment of one percent of annual basic salary. However, the Committee notes that there is no information concerning any similar collective agreement concluded with other PSAs in 2022. In addition, according to the collective agreement between the GNT and the Swaziland National Association of Teacher, the Swaziland National Association of Civil Servants, the Swaziland Nurses Association and the Swaziland National Association of Government Accounting Personnel on salary review which concluded in 2016, the next salary review was to be implemented in 2021, in line with the prevailing five year-interval agreed by the parties. The Committee requests the Government to provide more detailed information on the measures taken to ensure the periodic salary review for public sector workers, in full consultation with representative organizations of employers and workers concerned, as well as on the results achieved.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 14 of the Convention. Information on wages before entering employment. Wage statements. The Committee notes that section 22(1)(b) of the Employment Act provides that employers shall give their employees written particulars of their contract of employment, including information on wages, within six weeks of the beginning of their employment. It also notes that section 22(2) excludes certain employees, including domestic employees, from its application. In this regard, the Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of conditions in respect of wages before they enter employment. Moreover, the Committee notes that section 61(1) of the same Act, which gives effect to Article 14(b) by requiring employers to provide wage statements to their employees at the same time of each payment, does not apply to domestic employees. The Committee therefore requests the Government to take the necessary measures in the context of the ongoing reform of the Employment Act to review sections 22 and 61(1) of that Act in order to ensure that all employees are informed of conditions in respect of wages before they enter employment and that all employees receive wage statements at the time of each payment. It requests the Government to provide information on the progress made in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes that the Employment Act is under review and that detailed information will be communicated once the new legislation has been promulgated. The Committee recalls its previous comments in which it drew attention to section 63 of the Employment Act and the possibility of excluding certain categories of employees, such as domestic employees, from the coverage of Part VI of the Act concerning the protection of wages and hopes that the new legislation will extend its scope of application to all persons to whom wages are paid or payable without exception, as required by Article 2, paragraph 1, of the Convention. The Committee requests the Government to keep it informed of any progress made with regard to the revision of the Employment Act.

Part V of the report form. The Committee notes that the Government has not supplied for a number of years general information on the practical application of the Convention. It would therefore appreciate if the Government would provide together with its next report all available information including, for instance, statistics on the number of workers covered by relevant legislation, copies of collective agreements containing clauses on pay conditions, extracts from reports of the labour inspection services showing the number of wage-related offences observed and the sanctions imposed, any difficulties experienced in the timely payment of wages in the private or public sectors, copies of official studies or surveys addressing wage issues, etc.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest that new legislation is under consideration to replace the Employment Act No. 5 of 1980 and that domestic employees might not be excluded from its coverage. It also notes, however, that no information has been provided by the Government in response to its previous direct request, and therefore once again asks the Government to specify whether any Ministerial Orders excluding certain categories of employees from Part VI of the Employment Act have ever been issued under section 63, and if so, to supply a copy of such Orders. The Committee hopes that the Government will be able to indicate in its next report the progress made in the elaboration of the new Employment Act, and to transmit the text as soon as it is adopted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments concerning Article 2 of the Convention, the Committee pointed out that, in accordance with section 63(6) of the Employment Act, 1980, domestic employees may be excluded from the provisions of Part VI of the Act respecting the protection of wages, by a Ministerial Order adopted after consultation with the Labour Advisory Board. The Committee notes the Government's statement that a Ministerial Order has been adopted to exclude domestic employees from Part VI of the Employment Act, 1980. It requests the Government to supply a copy of such Ministerial Order and to indicate whether the Labour Advisory Board was consulted on the matter.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous request concerning Article 2 of the Convention, the Committee notes the Government's statement that there has been no change in the application of the Convention. It asks the Government to confirm that it means that no ministerial order has been adopted to exclude domestic employees from Part VI of the Employment Act, 1980.

The Committee notes the information supplied by the Government concerning the application of Article 4.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2 of the Convention. The Committee points out that, in accordance with section 63(b) of the Employment Act, 1980, domestic employees may be excluded from the provisions of Part VI of the Act respecting the protection of wages, by a ministerial order adopted after consultation with the Labour Advisory Board. The Committee requests the Government to indicate whether any such orders have been adopted.

Article 4. The Committee notes that - despite the provisions of section 48(c) of the Employment Act, 1980, which, though authorising the partial payment of wages in kind, prohibits payment in the form of noxious drugs or intoxicating liquor - certain wage regulations, such as the Regulation of Wages (Hotel and Catering Trades) Order, 1988 (Third Schedule), permit the partial payment of wages in kind in the form of a drink known as "Mahewu". However, it appears that this drink contains a certain amount of alcohol and should therefore be forbidden as a means of payment in accordance with this Article of the Convention. The Committee requests the Government to state whether this drink contains alcohol and, if so, to indicate the measures that the Government will take to prohibit the partial payment of wages in kind in the form of this drink.