Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Eswatini

Convenio sobre la protección del salario, 1949 (núm. 95) (Ratificación : 1978)
Convenio sobre la fijación de salarios mínimos, 1970 (núm. 131) (Ratificación : 1981)

Previous comment on C.95

The Committee notes the observations of the International Trade Union Confederation (ITUC) on the Minimum Wage Fixing Convention, 1970 (No. 131), received on 1 September 2022, as well as the Government’s response.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 95 (protection of wages) and 131 (minimum wage fixing) together.

Protection of wages

Article 14 of Convention No. 95. Information on wages before entering employment. Wage statements. Following its previous comment, the Committee notes the Government’s reference to the draft Employment Bill developed by the Labour Advisory Board in 2021, which will replace and repeal the Employment Act 1980 once adopted. section s 25 and 27 of the draft Employment Bill provide that written particulars of employment shall be provided when employment commences and when there are any changes. Moreover, while section 61(1) of the Employment Act 1980 excludes domestic workers, no categories of workers are excluded from the application of provisions on protection of wages under the draft Employment Bill. The Committee requests the Government to continue to provide information on measures taken to ensure that the new Employment Bill is adopted in the near future.

Minimum wage fixing

Article 4 of Convention No. 131. Review of minimum wage. Public sector. The Committee notes the observations of the ITUC, according to which, in 2021, public sector workers in Eswatini took to the street to protest low wages which, coupled with price hikes in the country, led to a severe impoverishment of workers in the public sector. ITUC alleges that public workers’ demands are ignored by the state authorities which persistently refuse to engage in negotiations. ITUC further indicates that there has been no salary increase in the public sector since 2016 and that meanwhile, workers have lost 15 percent on their salaries due to inflation.

The Government indicates in its reply that the collective bargaining machinery in the public sector is governed by the Constitution of the Joint Negotiation Forum (JNF), where the Government and the public sector associations (PSAs) meet regularly and negotiate all issues pertaining to terms and conditions of employees in the civil service. Most recently, the parties have been reviewing the Constitution of the JNF in order to improve the efficiencies of the collective bargaining processes in the civil service.

The Committee also notes that, based on the information provided by the Government, the collective agreement between the Government Negotiations Team (GNT) and the Eswatini Principals Association on the cost-of-living adjustment has been concluded for the 2022/2023 financial year. Consequently, a three percent increase of the monthly basic salary is implemented with effect from 1 April 2022, in addition to a one-off payment of one percent of annual basic salary. However, the Committee notes that there is no information concerning any similar collective agreement concluded with other PSAs in 2022. In addition, according to the collective agreement between the GNT and the Swaziland National Association of Teacher, the Swaziland National Association of Civil Servants, the Swaziland Nurses Association and the Swaziland National Association of Government Accounting Personnel on salary review which concluded in 2016, the next salary review was to be implemented in 2021, in line with the prevailing five year-interval agreed by the parties. The Committee requests the Government to provide more detailed information on the measures taken to ensure the periodic salary review for public sector workers, in full consultation with representative organizations of employers and workers concerned, as well as on the results achieved.