Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Eswatini

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 (Ratification: 1978)
Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 (Ratification: 1981)
Convention (n° 101) sur les congés payés (agriculture), 1952 (Ratification: 1981)

Previous comments: C.14, C.89 and C.101

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), 89 (night work (women)) and 101 (holidays with pay in agriculture) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions.Compensatory rest. Following its previous comment, the Committee notes the Government’s reference to the draft Employment Bill, which has been forwarded to the office of the Attorney General for further drafting before it is taken forward to Cabinet for approval. The Committee notes that the draft Employment Bill, in section 56, provides for financial compensation or compensatory rest for an employee who works on Sunday. The Committee also notes that the Regulation of Wages Order revised in 2022 only provides for financial compensation for a worker performing work on Sunday. Furthermore, the Committee notes that according to section 54 of the draft Employment Bill overtime may be arranged by agreement. In this regard, the Committee draws the Government’s attention to the Convention’s requirement that total or partial exemptions to the weekly rest scheme be limited to those which have been previously authorised, in consultation with the social partners (Article 4). The Committee further recalls that Article 5 of the Convention requires workers who are deprived of their weekly rest to be granted compensatory rest in all cases, irrespective of any monetary compensation (See the Committee’s 2018 General Survey, Ensuring decent working time for the future, paragraph 252). The Committee requests the Government to take the necessary measures to ensure that full effect is given to Articles 4 and 5 of the Convention, including in the context of the adoption of the Employment Bill.

Night work

Article 2 of Convention No. 89. Night work of women. Following its previous comment, the Committee notes that section 57 of the draft Employment Bill lifts the general prohibition of night work by women and only restricts night work for pregnant women during a certain period. The Committee hopes that the draft Employment Bill will be adopted in the near future Recalling that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (2018 General Survey on Working Time, para. 408).

Holidays with pay

Article 5 of Convention No. 101. Regulation of holidays with pay in agriculture. Following its previous comment, the Committee notes that section 8(2) of the Regulation of Wages (Agricultural Industry) Order, 2022, provides for an increase in the duration of paid holidays with the length of service, in accordance with Article 5(b). However, the Committee notes once again that the legislation does not provide for special treatment for young workers in cases in which the annual holiday with pay granted to adult workers is not considered adequate for young workers (Article 5(a)); the granting of proportionate holiday to workers who have not completed the minimum period of service to qualify for full annual holiday with pay (Article 5(c)); and the exclusion of periods of sickness from the annual holiday with pay (Article 5(d)). Therefore, the Committee requests the Government to provide information on the measures taken in order to give effect to these provisions of the Convention, including in the context of the adoption of the Employment Bill.

Article 8. Prohibition of agreement to forego holiday. The Committee notes that section 67(2) of the draft Employment Bill allows an employee to waive not more than half of the annual leave in return for compensation. Referring to paragraph 374 of its 2018 General Survey, the Committee emphasizes the importance of workers effectively benefiting from their right to a period of relaxation and leisure every year. The Committee requests the Government to consider revising the provisions of the Employment Bill in order to ensure that paid annual leave rights are effectively enjoyed and that monetary compensation is offered in lieu of annual leave in the case of any unused leave upon termination of employment.