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.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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 2012, published 102nd ILC session (2013)

Articles 1 and 4 of the Convention. Minimum wage system and consultations with the social partners. The Committee notes the Government’s indication that the wages councils in the different industries or sectors meet annually to review basic minimum wages. The Government also indicates that the consumer price index is taken into consideration when determining the basic minimum wage. The Committee requests the Government to indicate the legal provisions, if any, that specify the periodicity of the minimum wage readjustment and the criteria to be taken into consideration when revising minimum pay rates.

In addition, the Committee notes that with the exception of three occupational categories (motor engineering, pre-school and day-care centres, and funeral undertakers), minimum basic wages for all industries and sectors have been fixed in the last two years. As regards the possible reactivation of the tripartite Wages Advisory Board and the prospective revision of the Wages Act, 1964, the Committee notes the Government’s statement that the process of amending the Wages Act has not been initiated yet. The Committee requests the Government to keep the Office informed of all future developments concerning the revision of the Employment and the Wages Acts which might have an impact on the implementation of the Convention.

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 2007, published 97th ILC session (2008)

The Committee notes the information contained in the Government’s report and the attached documents.

Articles 1 and 4 of the Convention. Minimum wage system and consultations with social partners. The Committee notes the Government’s indication that there are at present 16 wages councils in operation. It also notes the minimum monthly and weekly rates applicable in the different industries and trades. The Committee requests the Government to specify when these rates were actually fixed and to transmit copies of the relevant legal texts.

In addition, the Committee notes that according to the 2005 annual report of the Department of Labour, the tripartite Wages Advisory Board, which is provided for in section 4 of the Wages Act, 1954, has remained dormant since the 1980s while the Wages Act has been earmarked by the Labour Advisory Board for amendment in the context of the legislative development process that started with the Industrial Relations Act and the revision of the Employment Act. The Committee asks the Government to keep it informed of all future developments concerning the efforts to reactivate the Wages Advisory Board and the legislative changes to the Employment and the Wages Acts.

Article 3. Socio-economic considerations for the periodic review and adjustment of minimum wages. The Committee notes the Government’s indication that the decisions of the wages councils rely on a number of factors such as the inflation rate or the profits of enterprises. The Committee would appreciate receiving more detailed explanations concerning the manner in which social and economic criteria, such as the cost of living, workers’ basic needs in terms of social security, lodging, health and leisure, the unemployment rate, or the relationship between rural and urban incomes are taken into account in revising minimum wage levels and also the legal provisions determining these criteria.

Article 5 and Part V of the report form. The Committee notes the statistical information provided by the Government according to which 531,286 wage earners are covered by wage regulations orders while the labour inspection services conducted a total of 2,353 visits in 2006 as compared to 1,332 visits in 2005. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including statistics on the number of workers remunerated at the minimum wage rates, the evolution of the minimum wage over the past five years as compared to the evolution of economic indicators such as the consumer price index in the same period, copies of activity reports of the Department of Labour, or surveys of economic conditions which may have served for the periodic adjustment of minimum wages, etc.

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

The Committee notes the information contained in the Government’s report, in particular the adoption of the Regulation of Wages (Textile and Apparel Industry) Order, 2004, which sets minimum weekly wage rates for all persons employed in that sector. It also notes the Government’s statement that the Industrial Relations Bill has been approved by the national Parliament and is due to be enacted shortly. Moreover, the Committee understands that a draft Employment Bill has been recently prepared with the assistance of the International Labour Office and will be submitted to the Labour Advisory Board for discussion. 

While recalling that the Government has not supplied detailed information on the practical application of the Convention since 1997, the Committee would be grateful if the Government would provide in its next report full particulars (including copies of relevant legal texts) on the number of wages councils currently in operation, the approximate number of wage earners covered by wages regulation orders, the minimum wage rates in force in the different industries, the criteria and method used for their annual review and adjustment, any collective agreements containing minimum wage provisions, and available statistics on the supervision and enforcement of the minimum wage legislation. The Committee would also appreciate receiving copies of any recent studies, official reports or other background documents addressing minimum wage issues, especially the incidence of minimum wages on poverty reduction and employment as well as the adequacy of existing minimum wage levels to ensure decent living standards for the workers and their families. Finally, the Committee requests the Government to communicate copies of the abovementioned Bills as soon as they are finalized or entered into force.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Article 1 of the Convention. With reference to its previous comments, the Committee notes the Government’s indications that a Bill on Industrial Relations Act, 1995, which takes into consideration the Committee’s comments, has been debated and approved by the House of Assembly. This Bill was to be presented to the House of Senate. In addition, the Employment Act Amendment Bill has already been drafted and was to be discussed by the Tripartite Committee before it is submitted to the competent authorities.

The Committee hopes that the above Bills will be adopted in a very near future and that a copy of them will be provided by the Government.

Article 2, paragraph 1, in conjunction with Article 5 and point V of the report form. The Committee notes in particular that labour inspectors conducted routine inspections to ensure that the basic minimum wages and conditions of employment are maintained in terms of the law. It requests the Government to provide further information on the results of these inspections (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also requests the Government to continue to provide general information on the application of the Convention in practice, including the minimum wage rates in force and the available data on the number and different categories of workers covered by minimum wage provisions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

Article 1 of the Convention. With reference to its previous comments, the Committee notes the Government’s indications that a Bill on Industrial Relations Act, 1995, which takes into consideration the Committee’s comments, has been debated and approved by the House of Assembly. This Bill was to be presented to the House of Senate. In addition, the Employment Act Amendment Bill has already been drafted and was to be discussed by the Tripartite Committee before it is submitted to the competent authorities.

The Committee hopes that the above Bills will be adopted in a very near future and that a copy of them will be provided by the Government.

Article 2, paragraph 1, in conjunction with Article 5 and point V of the report form. The Committee notes in particular that labour inspectors conducted routine inspections to ensure that the basic minimum wages and conditions of employment are maintained in terms of the law. It requests the Government to provide further information on the results of these inspections (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also requests the Government to continue to provide general information on the application of the Convention in practice, including the minimum wage rates in force and the available data on the number and different categories of workers covered by minimum wage provisions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to 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 notes the information provided in the Government’s report in reply to its previous comments.

Article 1 of the Convention. With reference to its previous comments, the Committee notes the Government’s indications that a Bill on Industrial Relations Act, 1995, which takes into consideration the Committee’s comments, has been debated and approved by the House of Assembly. This Bill was to be presented to the House of Senate. In addition, the Employment Act Amendment Bill has already been drafted and was to be discussed by the Tripartite Committee before it is submitted to the competent authorities.

The Committee hopes that the above Bills will be adopted in a very near future and that a copy of them will be provided by the Government.

Article 2, paragraph 1, in conjunction with Article 5 and point V of the report form. The Committee notes in particular that labour inspectors conducted routine inspections to ensure that the basic minimum wages and conditions of employment are maintained in terms of the law. It requests the Government to provide further information on the results of these inspections (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also requests the Government to continue to provide general information on the application of the Convention in practice, including the minimum wage rates in force and the available data on the number and different categories of workers covered by minimum wage provisions.

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 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to its previous comments.

Article 1 of the Convention. With reference to its previous comments, the Committee notes the Government's indications that a Bill on Industrial Relations Act, 1995, which takes into consideration the Committee's comments, has been debated and approved by the House of Assembly. This Bill was to be presented to the House of Senate. In addition, the Employment Act Amendment Bill has already been drafted and was to be discussed by the Tripartite Committee before it is submitted to the competent authorities.

The Committee hopes that the above Bills will be adopted in a very near future and that a copy of them will be provided by the Government.

Article 2, paragraph 1, in conjunction with Article 5 and point V of the report form. The Committee notes in particular that labour inspectors conducted routine inspections to ensure that the basic minimum wages and conditions of employment are maintained in terms of the law. It requests the Government to provide further information on the results of these inspections (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.). It also requests the Government to continue to provide general information on the application of the Convention in practice, including the minimum wage rates in force and the available data on the number and different categories of workers covered by minimum wage provisions.

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 1993, published 80th ILC session (1993)

Article 1, paragraph 3, of the Convention. With reference to the previous comments, the Committee notes the Government's indication in its report that a draft of the Industrial Relations Act prepared with the assistance of the Office has been submitted to the Labour Advisory Board and that the comments made by the Committee will be taken into consideration when discussing the final draft. The Committee requests the Government to supply information on any changes in the coverage of the system of minimum wages in consequence of the above revision of the Industrial Relations Act.

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.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 1, paragraph 3, of the Convention. The Committee notes the Government's report. It hopes that the Government will supply information on any changes in the coverage of the system of minimum wages.