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

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

Previous comments: C.14, C.89 and C.101

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), 89 (night work (women)) and 101 (holidays with pay in agriculture) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions.Compensatory rest. Following its previous comment, the Committee notes the Government’s reference to the draft Employment Bill, which has been forwarded to the office of the Attorney General for further drafting before it is taken forward to Cabinet for approval. The Committee notes that the draft Employment Bill, in section 56, provides for financial compensation or compensatory rest for an employee who works on Sunday. The Committee also notes that the Regulation of Wages Order revised in 2022 only provides for financial compensation for a worker performing work on Sunday. Furthermore, the Committee notes that according to section 54 of the draft Employment Bill overtime may be arranged by agreement. In this regard, the Committee draws the Government’s attention 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). The Committee further recalls that Article 5 of the Convention requires workers who are deprived of their weekly rest to be granted compensatory rest in all cases, irrespective of any monetary compensation (See the Committee’s 2018 General Survey, Ensuring decent working time for the future, paragraph 252). The Committee requests the Government to take the necessary measures to ensure that full effect is given to Articles 4 and 5 of the Convention, including in the context of the adoption of the Employment Bill.

Night work

Article 2 of Convention No. 89. Night work of women. Following its previous comment, the Committee notes that section 57 of the draft Employment Bill lifts the general prohibition of night work by women and only restricts night work for pregnant women during a certain period. The Committee hopes that the draft Employment Bill will be adopted in the near future Recalling that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (2018 General Survey on Working Time, para. 408).

Holidays with pay

Article 5 of Convention No. 101. Regulation of holidays with pay in agriculture. Following its previous comment, the Committee notes that section 8(2) of the Regulation of Wages (Agricultural Industry) Order, 2022, provides for an increase in the duration of paid holidays with the length of service, in accordance with Article 5(b). However, the Committee notes once again that the legislation does not provide for 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 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)). Therefore, the Committee requests the Government to provide information on the measures taken in order to give effect to these provisions of the Convention, including in the context of the adoption of the Employment Bill.

Article 8. Prohibition of agreement to forego holiday. The Committee notes that section 67(2) of the draft Employment Bill allows an employee to waive not more than half of the annual leave in return for compensation. Referring to paragraph 374 of its 2018 General Survey, the Committee emphasizes the importance of workers effectively benefiting from their right to a period of relaxation and leisure every year. The Committee requests the Government to consider revising the provisions of the Employment Bill in order to ensure that paid annual leave rights are effectively enjoyed and that monetary compensation is offered in lieu of annual leave in the case of any unused leave upon termination of employment.

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

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.

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

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comment, in which it noted that certain wage regulation orders provide for the possibility of employing workers on the day of weekly rest in exchange for additional remuneration. The Committee notes, in this respect, the Government’s statement that suspension of the rest day may be decided by mutual agreement between the parties and constitutes overtime, which is paid at the prescribed rate. In this regard, the Committee recalls that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis and would be compensated, as far as possible, with extra time off (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well-being. The Committee recalls that similar provisions are incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Government is encouraged to ratify. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of these Articles of the Convention. The Committee would also appreciate receiving copies of the Wages Regulation Orders currently in force for sectors such as building and construction, manufacturing and processing, forestry, manufacture and sale of handicrafts, road transportation, and mining and quarrying which contain specific provisions on weekly rest.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 4 and 5 of the Convention. Total or partial exceptions. Further to its previous comments, the Committee understands that certain wage regulation orders (such as the Order for the industrial sugar production sector and the Order for mining and quarrying) provide for the possibility of employing workers on the day of weekly rest in exchange of additional remuneration. The Committee would be grateful if the Government would indicate in its next report the circumstances in which suspensions or diminutions of rest periods are authorized and the measures adopted to grant the workers concerned, as far as possible, compensatory rest periods. It would also be grateful to be provided with a copy of the full text of all of the Wages Regulation Orders that are currently in force.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government on the number of workers covered by the relevant legislation, the number of inspections carried out by the labour inspectorate in 2007 and the types of contraventions most frequently reported. The Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including, for instance, extracts from reports of the inspection services indicating the number of contraventions reported in relation to weekly rest and the penalties imposed, copies of collective agreements containing clauses on the weekly rest period, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the information provided by the Government in its last two reports.

The Committee notes that under section 42(1) of the Industrial Relations Act, 2000, “a trade union or staff association […] may apply in writing for recognition as the employee representative […] concerning all terms and conditions of employment including wages and hours of work”. The Committee requests the Government to provide additional explanations on the extent to which weekly rest can be the subject of collective bargaining and also to transmit copies of collective agreements containing clauses related to weekly rest.

In addition, the Committee would appreciate receiving copies of the Regulation of Wages Orders currently in force for sectors such as building and construction, manufacturing and processing, forestry, manufacture and sale of handicrafts, road transportation, and mining and quarrying, which, according to the Government’s indications, contain specific provisions on weekly rest.

Part V of the report form. The Committee would be grateful if the Government would continue to provide general information on the manner in which the Convention is applied in practice, including extracts from reports of the labour inspection services and, if possible, statistical information concerning the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

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

The Committee notes the Government's statement in its last report that it is currently considering reviewing the Industrial Relations Act 1980 and that consideration will be given to the Committee of Experts' comments. The Committee requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.