Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspection Convention, 1947 (No. 81) - Eswatini (Ratification: 1981)

Previous comment

Article 3 of the Convention. Functions of labour inspectors. Conciliation. Following its previous comment, the Committee notes that section 8 of the Employment Act, section 82 of the Industrial Relations Act and sections 1, 2, 4, and 5 of the Guidelines for intervention by the Commissioner of Labour provide for the duty of the Commissioner of Labour to carry out functions of conciliation and resolution of industrial disputes. The Committee also notes that, according to section 9 of the Employment Act, labour inspectors do not assume functions related to conciliation. In addition, the Committee notes the Government’s indication that the Employment Act is currently under revision. The Committee requests the Government to clarify if labour inspectors are involved in the conciliation of industrial disputes, as may be requested by the labour commissioner, and if so to indicate what proportion of their time is expended on conciliation activities.The Committee also requests the Government to continue to provide information on the progress made in the adoption of the Employment Bill.

Articles 6. Employment stability of labour inspectors. Following its previous comment, the Committee notes the Public Service Act was adopted in 2018 (Act No. 5 of 2018). Its Part X (sections 48–50) provides for the general definition of misconduct and unsatisfactory services, the types of misconduct and application of penalties. The Committee observes that it does not seem to be linked with the performance assessments provided for by Part VII (sections 28–40). The Committee requests the Government to provide information on any misconduct of inspectors established and corresponding penalties applied since the adoption of the Public Service Act in 2018.