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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Eswatini (Ratification: 1978)

The Committee takes note of the Government's report. With reference to its previous comments, particularly the detailed observation of 1989, the Committee recalls that the discrepancies between national legislation and the Convention concern the following points which derive from the 1980 Industrial Relations Act.

Article 2 of the Convention. The need to adopt a specific provision accompanied by sufficiently effective and dissuasive sanctions for the protection of workers' organisations against acts of interference by employers or their organisations.

Article 4 of the Convention. The need to restrict the occupational tribunals' power to refuse registration of collective agreements. The tribunal should not be able to refuse registration except on procedural grounds or because the clauses of the agreements are not consistent with the minimum standards of labour legislation, whereas at present the tribunal is able to refuse registration of collective agreements that are not consistent with government directives on wages and wage levels.

The Government states that it requested and obtained technical assistance from the ILO and hopes to be able to amend the 1980 Industrial Relations Act so as to make it compatible with the provisions of the Convention.

The Committee notes that the Government is currently receiving technical assistance from the ILO to revise its labour legislation and trusts that it will take account of its previous comments so that the amended legislation will give effect to the Convention. It also hopes that the planned amendments to the legislation will be adopted rapidly. It asks the Government to state exactly what measures have already been taken to this end and to provide the texts of the amendments as soon as they are adopted.