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

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to provide information on any development with regard to the measures envisaged to ensure that workers and their organizations are effectively protected against acts of interference and anti-union discrimination. The Committee notes the detailed information provided on steps taken to improve protection against acts of anti-union discrimination. It refers to the recently adopted Codes of Good Practice with a view to ensuring that workers and their organizations are effectively protected against acts of interference and anti-union discrimination.

Article 4. Promotion of collective bargaining mechanisms. In its previous comments, the Committee requested the Government to continue to provide information on steps taken to promote collective bargaining in all sectors, including measures taken to implement section 42 of the Industrial Relations Act (IRA), as well as information on the number of collective agreements signed and the number of workers covered. The Committee notes the detailed information provided on the functioning of the wages councils which set the basic minimum terms upon which better or improved terms and conditions can be negotiated by unions. The Committee also notes the information provided in related training activities and the designing of a training module on the subject of “Collective Bargaining and Negotiation Skills for Management and Union Officials”. The Government further refers to radio programmes complemented by the Conciliation, Mediation and Arbitration Commission (CMAC) which cover various topics, including promotion of collective bargaining. Moreover, the development of its labour inspection policy has been prioritized with a view to, among others, promoting the establishment of workplace forums to facilitate collective bargaining or employer/employee consultation forums at the workplace. The Committee further notes the courts’ judgments provided by the Government upholding the legally binding nature of collective agreements. The Committee requests the Government to continue providing information on the application of section 42 of the IRA as well as information on any collective agreements signed and the number of workers covered.