Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the Government's report. In its previous comments, the Committee referred to 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' organizations against acts of interference by employers and their organizations.

Article 4. The need to restrict the occupational tribunals' power 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 indicates in its report that a draft Industrial Relations Act prepared with the technical assistance of the Office has been submitted to the Labour Advisory Board for comments but that there was no agreement on whether the document should be modified before recommendations could be made for its adoption, and that a tripartite commission has been appointed to inquire into all aspects of labour but had not yet given its report.

The Committee hopes that the Government will take the necessary measures and that the legislation will be amended so as to give full effect to the Convention. It asks the Government to keep it informed of any developments in that matter.