Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Eswatini (Ratification: 1981)

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

Article 3(2) of the Convention. Night work for the purposes of apprenticeship or vocational training. The Committee previously reminded the Government that according to Article 3(2) of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, authorize the employment in night work of young persons who have attained the age of 16 years, for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously. In this regard, the Committee noted that according to section 11(4) of the Employment Bill, young persons who have not attained the age of 16 years may not be employed between the hours of 6 p.m. on one day and 7 a.m. on the following day, except for the purpose of apprenticeship or vocational training approved by the Minister after consultation with the Labour Advisory Board. The Committee noted the Government’s indication that the draft Bill, which was submitted before the Parliament for approval, was referred back for further revision.

The Committee notes the Government’s indication that it requested technical assistance from the ILO, and that the services of an independent consultant were obtained to ensure that the provisions of the Employment Bill are in alignment with the Convention. The Government indicates that a copy of the Employment Act will be supplied to the Office once the legislative process is completed. Noting that the Government has been referring to the Employment Bill for several years, the Committee urges the Government to take the necessary measures to ensure that it is adopted without delay, taking into consideration the comments made by the Committee, and requests the Government to provide a copy of the enacted Employment Act.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3(2) of the Convention. Night work for the purposes of apprenticeship or vocational training. The Committee had previously noted that section 98(1) of the Employment Act of 1980 provides for an exception to the prohibition of night work for “young persons” (defined in section 2 of the Act as persons who have reached the age of 15 but who are not yet 18) for the purposes of apprenticeship or vocational training. The Committee had reminded the Government that according to Article 3(2) of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, authorize the employment in night work of young persons who have attained the age of 16 years, for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously.

The Committee notes that according to section 11(4) of the draft Employment Bill of 2007, young persons who have not attained the age of 16 years may not be employed between the hours of 6 p.m. on one day and 7 a.m. on the following day, except for the purpose of apprenticeship or vocational training approved by the Minister after consultation with the Labour Advisory Board. The Committee notes the Government’s indication that the draft Bill which was submitted before the Parliament for approval was referred back for further revision. The Committee expresses the firm hope that the revision of the draft Employment Bill will be completed soon and that the Bill will be adopted in the near future. It requests the Government to supply a copy, once it has been adopted.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that the Government had indicated that amendments to the Employment Act, No. 5 of 1980, were under discussion. The Committee notes that the amendments to the Employment Act, No. 5 of 1980, adopted in August 1997, contain no measure to improve the application of the Convention.

The Committee notes that the comments concerning the application of this Convention have been submitted for examination by the tripartite committee in view of the proposed amendments to the Employment Act.

In this connection, the Committee recalls:

(a)    that it had noted that section 98(1) of the Employment Act provides for an exception to the prohibition of night work for “young persons” (as defined in section 2 of the Act, that is to say persons who have reached the age of 15 but who are not yet 18) for the purposes of apprenticeship or vocational training. The Committee recalls, however, that under Article 3(2) of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, authorize the employment in night work of young persons who have attained the age of 16 years, for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously;

(b)    that it had indicated, in accordance with Article 6, paragraph 1(a), of the Convention, that provisions (such as posting notices) must be made to ensure that laws or regulations regarding the prohibition of night work for young persons are known to the persons concerned.

The Committee once again requests the Government to supply information on any progress achieved in the adoption of amendments to the Employment Act which encourage the application of the Convention, and to provide a copy of the instrument when it has been adopted.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report that there has been no change in the application of the Convention.

The Committee recalls that the Government had indicated that amendments to the Employment Act, No. 5 of 1980, were under discussion. The Committee notes that the amendments to the Employment Act, No. 5 of 1980, adopted in August 1997, contain no measure to improve the application of the Convention.

The Committee notes that the comments concerning the application of this Convention have been submitted for examination by the tripartite committee in view of the proposed amendments to the Employment Act.

In this connection, the Committee recalls:

(a)  that it had noted that section 98(1) of the Employment Act provides for an exception to the prohibition of night work for "young persons" (as defined in section 2 of the Act, that is to say persons who have reached the age of 15 but who are not yet 18) for the purposes of apprenticeship or vocational training. The Committee recalls, however, that under Article 3(2) of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, authorize the employment in night work of young persons who have attained the age of 16 years, for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously;

(b)  that it had indicated, in accordance with Article 6, paragraph 1(a),of theConvention, that provisions (such as posting notices) must be made to ensure that laws or regulations regarding the prohibition of night work for young persons are known to the persons concerned.

The Committee requests the Government to supply information on any progress achieved in the adoption of amendments to the Employment Act which encourage the application of the Convention, and to provide a copy of the instrument when it has been adopted.

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

The Committee notes the information provided by the Government in its report which indicates that there has been no change in the application of the Convention.

The Committee reiterates the previous comments referred to in the following points:

1. Article 3, paragraph 2, of the Convention. Section 98(1) of the Employment Act provides for an exception to the prohibition of night work by "young persons" (as defined in section 2 of the Act, that is to say persons who have reached the age of 15 but who are not yet 18) for purposes of apprenticeship or vocational training. An exception to this kind is authorized by the Convention only for young persons who have attained the age of 16 and on condition that the authorization concerns only specified industries or occupations that must be carried on continuously.

2. Article 6, paragraph 1(a). Provision must be made (for example, by display on notice-boards) for ensuring that the legislation on the prohibition of night work by young persons is known to all the persons concerned.

The Committee notes the indication in the Government's report that the Government has drafted and submitted a Bill on the Industrial Relations Act, 1995, to Parliament. This Bill has already been debated and approved with amendments by the House of Assembly. It is now on its way to the House of Senate. The comments made by the Committee of Experts from time to time have been taken into consideration when drafting this Bill. The Employment Act Amendment Bill, 1995, has already been drafted and is now waiting to be discussed by the tripartite Committee (composed of employers, workers and government) before it is submitted to the competent authorities.

The Committee requests the Government to supply information on any progress achieved in the adoption of the Employment Act Amendment Bill, 1995, and to send a copy of this Act when adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous comments, the Committee referred to the following points:

1. Article 3, paragraph 2, of the Convention. Section 98(1) of the Employment Act provides for an exception to the prohibition of night work by "young persons" (as defined in section 2 of the Act, that is to say persons who have reached the age of 15 but who are not yet 18) for purposes of apprenticeship or vocational training. An exception of this kind is authorized by the Convention only for young persons who have attained the age of 16 and on condition that the authorization concerns only specified industries or occupations that must be carried on continuously.

2. Article 6, paragraph 1(a). Provision must be made (for example by display on notice boards) for ensuring that the legislation on the prohibition of night work by young persons is known to all the persons concerned.

The Committee notes from the Government's report that the draft of the Industrial Relations Act has not yet been adopted and that a tripartite commission of inquiry has been appointed to examine all aspects of labour.

The Committee hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention. It requests the Government to report all progress achieved in this respect.

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

The Committee refers to its previous comments. It notes from the Government's report that no measure has been taken to give effect to its comments, which covered the following points:

1. Article 3, paragraph 2, of the Convention. Section 98, subsection 1, of the Employment Act provides for an exception to the prohibition of night work by "young persons" (as defined in section 2 of the Act, that is to say who have reached the age of 15 but not that of 18) for purposes of apprenticeship or vocational training. An exception of this kind is authorised by the Convention only for young persons who have attained the age of 16 and on condition that the authorisation concerns only specified industries or occupations that must be carried on continuously.

2. Article 6, paragraph 1(a). Provision must be made (for example by display on notice boards) for ensuring that the legislation on the prohibition of night work by young persons is known to all the persons concerned.

The Committee hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention. It requests the Government to report all progress achieved in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that, in its previous report, the Government stated that measures would be taken by the Labour Advisory Board to bring the legislation into harmony with the Convention. It requests the Government to indicate any progress made concerning the following points raised in its previous comments:

1. Article 3, paragraph 2, of the Convention. Section 98, subsection 1, of the Employment Act provides for an exception to the prohibition of night work by "young persons" (as defined in section 2 of the Act, that is to say who have reached the age of 15 but not that of 18), for purposes of apprenticeship or vocational training. An exception of this kind is authorised by the Convention only for young persons who have attained the age of 16 and on condition that the authorisation concerns only specified industries or occupations that must be carried on continuously.

2. Article 6, paragraph 1(a). Provision must be made (for example by display on notice boards) for ensuring that the legislation on the prohibition of night work by young persons is known to all the persons concerned.