Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following discrepancies between the 1996 Industrial Relations Act and the provisions of the Convention:

Scope of application of the Act. The need to extend the term "employee" to cover casual workers with regard to the rights enshrined in the Convention. Article 2 of the Convention. The need to adopt a specific provision accompanied by sufficiently effective and dissuasive sanctions for the protection of workers' organizations against acts of interference by employers or their organizations. Article 4. The elimination of restrictions on the level of collective bargaining (sections 40 and 45(4) of the Industrial Relations Act). Furthermore, noting that the Industrial Relations Act provides for exclusive recognition rights of a union representing more than 50 per cent of employees in a unit, and provides for recognition at the discretion of the employer where 50 per cent or less are represented, the Committee stressed the importance of promoting further the rights of unions where no union or group of unions has majority support, to enable them to negotiate an agreement at least on behalf of their own members. Noting that a draft industrial relations bill has been prepared in consultation with the social partners and with the technical assistance of the Office, the Committee hopes that the Government will make every effort to take the necessary action in the very near future to ensure the full application of this Convention.