Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Article 3(2) of the Convention. Night work for the purposes of apprenticeship or vocational training. The Committee recalls 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 notes the Government’s information, in its report, regarding the process of promulgation into law of the Employment Bill No. 7 of 2023, and that this Bill has not yet passed into law due to several reasons, including lack of consensus on certain provisions by the social partners. The Committee further observes that the Government communicates, with its report, the more recent Employment Bill No. 12 of 2024, which reflects the provisions of Part III on the prohibition of child labour and employment of young persons. Section 10(4) of the Bill provides that children under the age of 16 may not be engaged in any trade, business or undertaking between 6 p.m. and 7 a.m. The Committee observes with regret that, under the terms of section 10(5), subsection (4) does not apply to any apprenticeship or vocational training approved by the Minister of Labour, in writing, after consultation with the Labour Advisory Board, in any industry or occupation required to be carried on continuously. In accordance with section 10(2) of the Bill, children from the age of 14 may perform work in the context of apprenticeships or vocational training.

The Committee once again reminds 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 urges the Government to take the necessary steps to amend Employment Bill No. 12 of 2024 to permit only young persons aged 16 and above to perform night work in the framework of an apprenticeship or vocational training, whether or not such work is subject to written authorization from the Ministry of Labour following consultation with the Labour Advisory Board. The Committee expresses its hope that this amendment will be implemented promptly and that the Employment Bill will be enacted without further delay and requests the Government to provide updates on the progress made in this regard.