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Swaziland - Compensation & Benefit Legislation

CAPITAL

Mbabane

 

CLIMATE

Swaziland’s climate varies from tropical to near temperate.

 

LANGUAGES

English (official, government business conducted in English), and siSwati (official).

 

LEGAL SYSTEM

Swaziland’s legal system is based on South African Roman-Dutch law in statutory courts and Swazi traditional law and custom in traditional courts. Swaziland has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Swaziland Lilangeni (1 USD = 10.15100 SZL as of May 15, 2002).

Note: Emalangeni is the plural form of Lilangeni.

 

SWAZILAND - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

SWAZILAND - EMBASSY/CONSULATES

U.S. Embassy at Mbabane

Central Bank Building

Warner Street

P.O. Box 199

Mbabane, Swaziland

Telephone: [268] 404-6441

Fax: [268] 404-5959

http://usembassy.state.gov/mbabane/

 

Embassy of the Kingdom of Swaziland at Washington D.C.

3400 International Drive N.W.

Washington D.C. 20008

Telephone: (202) 362-6683

Fax: (202) 244-8059

 

SWAZILAND - HOLIDAYS

Some public holidays do not apply to every category of employee, particularly those engaged in manufacturing industries and domestic work. Clarification on this may be sought from the Department of Labour.

 

SWAZILAND – LEAVE

Annual Leave: Most workers receive a minimum of 12 days annual leave.

 

Maternity Leave: 12 weeks unpaid maternity leave.

 

SWAZILAND - MINIMUM AGE

The law prohibits the hiring of a child below the age of 15 in an industrial undertaking, except in cases where only family members are employed in the firm, or in technical schools where children are working under the supervision of a teacher or other authorized person. Legislation limits the number of night hours that can be worked on schooldays, and limits children's work-hours overall to 6 per day and 33 per week.

 

(Section 6.d. Acceptable Conditions of Work, Swaziland – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

SWAZILAND - MINIMUM REMUNERATION

There is a legally mandated sliding scale of minimum wages depending on the type of work performed. These minimum wages generally provide a worker and family with a decent standard of living. The minimum monthly wage for a domestic worker is 180 emalangeni (approximately $21), for an unskilled worker 280 emalangeni ($33), and for a skilled worker 450 emalangeni ($52).

 

(Section 6.e. Acceptable Conditions of Work, Swaziland – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

SWAZILAND - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

SWAZILAND - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The 2000 Industrial Relations Act (IRA) provides that employees who are not engaged in essential services have the right to participate in peaceful protest action to promote their socioeconomic interests. The 2000 IRA, with November amendments, is a comprehensive law providing for the collective negotiation of the terms and conditions for employment and dispute resolution mechanisms. In addition to these provisions, the law provides for the administration of a court devoted to the adjudication of labor related issues and establishes a tripartite labor advisory board.

 

In June 2000, the Government amended the 1998 IRA by modifying sections 40 and 52, which governed procedures for protest actions and outlined responsibilities of work councils. A subsequent review by the ILO's Committee of Experts (COE) criticized the amendments. Specifically, the ILO stated that the June amendments created burdensome and lengthy procedures for protest actions, restricted workers' rights to strike by making them liable for any civil damages that may not have been caused as a result of a strike, imposed restrictions on the independence of work councils, and did not provide adequate protection against worker dismissals for strikes. In November 2000, many of the controversial June amendments were modified; these November 2000 amendments subsequently received approval from the ILO's COE.

 

The main trade union federation is the Swaziland Federation of Trade Unions (SFTU). A second trade union federation is the Swaziland Federation of Labor (SFL), which broke away from the SFTU in 1993 and gained formal recognition from the Government in 1994.

 

Unions are free to draw up their own constitutions within the framework of the IRA. The IRA specifies a number of provisions that must be addressed in a constitution, including the election of officers by secret ballot. There is no collusion between the Government and business in relation to worker rights. The Labor Commissioner may reinstate unions quickly, once they have met all the legal requirements of the IRA.

 

The IRA details the steps to be followed when disputes arise, including the definition of a legal or illegal strike. The IRA shortened the notice that an organization or federation is required to give before it commences a protest action. This period of time was reduced from 3 weeks to 2 weeks. The IRA empowers the Government to mediate employment disputes and grievances through the Labor Advisory Board. When disputes arise, the Government often intervenes to try to reduce the chances of a strike, which may not be called legally until all avenues of negotiation have been exhausted, and a secret ballot of union members has been conducted. The IRA prohibits strikes in "essential" services, which include police and security forces, correctional services, fire fighting, health, and many civil service positions.

 

In recent years, there have been a number of strikes, usually over wages and benefits, or the dismissal of fellow workers. On May 20, the Industrial Court of Appeals ruled in favor of 32 state television employees who were dismissed in 1999 after striking for higher wages and better working conditions. In September 2000, the Minister of Public Service and Information had ordered the reinstatement of the employees; however, 6 days later, he withdrew the order, citing lack of jurisdiction over the matter.

 

During the year, the Government maintained that all outstanding labor issues already had been addressed. However, the SFTU continued to press for action on the 27 demands it presented in 1994, including calls for fundamental political change. These demands address a wide range of issues, including recognition of affirmative action, a national uniform minimum wage, an end to discrimination against women, the provision of better housing for workers, inclusion of worker representatives in constitutional discussions, and the lifting of the 1973 Decree that suspended the Constitution and outlawed political parties.

 

During a review of the 2000 IRA at its meeting in late 2000, prior to the November amendments, the COE noted that the new IRA satisfactorily addressed a number of issues, but stated that while the act constituted a "considerable improvement over previous legislation," discrepancies remained between the 2000 IRA and ILO conventions, particularly with respect to peaceful protest by unions and the right to strike. At the June meeting of the ILO Conference Committee on the Application of Conventions and Recommendations (CACR), delegates proposed that a high-level ILO mission be sent to the country to meet with union leaders, employers, and government officials to examine whether workers are prevented from exercising their rights and civil liberties because of an alleged conflict between the provisions of the IRA and the 1973 Decree. No such mission occurred by year's end.

 

b. The Right to Organize and Bargain Collectively

 

The law provides for the right to organize and bargain collectively and outlaws antiunion discrimination. Collective bargaining is widespread; approximately 80 percent of the formal private sector are unionized. The law obliges employers to recognize a union when it achieves more than 50 percent membership among employees. Employers must allow representatives of legally recognized unions to conduct union activities on company time. The Industrial Court may refuse to register collective bargaining agreements in the event of nonobservance of any requirement of the IRA. The IRA permits workers councils, which are to be established in factories with 25 or more employees in the absence of a trade union, to negotiate terms and conditions of work, wages, and welfare.

 

Disputes are referred to the Labor Commissioner and the Industrial Court, if necessary. Although many employers resist union recognition and force the issue to the Industrial Court, the Court generally rules in favor of the unions in these cases. In the case of unfair dismissal, the court can order reinstatement and compensation for the employee, as well as fine the employer. Union leaders have made credible charges that management in various industries dismisses workers for union activity. The Government sometimes instigates such dismissals. The IRA provides for disputes to be referred to the Conciliation, Mediation, and Arbitration Committee (CMAC). The Deputy Labor Commissioner chairs the CMAC. By year's end, the CMAC had adjudicated approximately 740 cases.

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The law prohibits forced or compulsory labor, and the Government generally enforces this prohibition effectively; however, the SFTU cited the 1998 Administrative Order as a form of forced labor, because it reinforces the tradition of residents doing traditional tasks for chiefs and allows the chiefs to fine their subjects for failing to carry out the manual labor.

 

The law prohibits forced and bonded labor by children, and there were no reports that such practices occurred; however, there were reports that underage Mozambican girls worked as prostitutes in the country (see Section 6.d.).

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The law prohibits the hiring of a child below the age of 15 in an industrial undertaking, except in cases where only family members are employed in the firm, or in technical schools where children are working under the supervision of a teacher or other authorized person. Legislation limits the number of night hours that can be worked on schooldays, and limits children's work-hours overall to 6 per day and 33 per week. Employment of children in the formal sector is not customary; however, children below the minimum age frequently are employed in the agricultural sector, particularly in the eastern cotton-growing region. Children also are employed as domestic workers, and as herd boys in rural areas. The Ministry of Labor is responsible for enforcement, but its effectiveness is limited by personnel shortages. The law prohibits prostitution and child pornography. The age of protection against sexual exploitation and the age of sexual consent are 16 years; however, there were reports that underage Mozambican girls worked as prostitutes in the country.

 

The law prohibits forced and bonded labor by children, and such practices are not known to occur (see Section 6.c.).

 

e. Acceptable Conditions of Work

 

There is a legally mandated sliding scale of minimum wages depending on the type of work performed. These minimum wages generally provide a worker and family with a decent standard of living. The minimum monthly wage for a domestic worker is approximately $21 (180 emalangeni), for an unskilled worker $33 (280 emalangeni), and for a skilled worker $52 (450 emalangeni).

 

Labor, management, and government representatives have negotiated a maximum 48-hour workweek in the industrial sector except for security guards, who work up to six 12-hour shifts per week. The law permits all workers 1 day of rest per week. Most workers receive a minimum of 12 days annual leave. The Labor Commissioner enforces standards in the formal sector. There are extensive provisions allowing workers to seek redress for alleged wrongful dismissal; these provisions frequently are brought into play. There also are penalties for employers who conduct unauthorized lockouts.

 

The law protects worker health and safety. The Government sets safety standards for industrial operations, and it encourages private companies to develop accident prevention programs. Recent growth in industrial production has necessitated more government action on safety issues. However, the Labor Commissioner's office has conducted few safety inspections in recent years because of staffing deficiencies. Workers have no formal statutory rights to remove themselves from dangerous work places without jeopardizing their continued employment; nor do any collective bargaining agreements address the matter.

 

f. Trafficking in Persons

 

The law does not prohibit trafficking in persons; however, there were no reports that persons were trafficked to, from, or within the country.

 

SWAZILAND - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

SWAZILAND - STANDARD WORKWEEK

Labor, management, and government representatives have negotiated a maximum 48-hour workweek in the industrial sector except for security guards, who work up to six 12-hour shifts per week. The law permits all workers 1 day of rest per week.

 

(Section 6.e. Acceptable Conditions of Work, Swaziland – Report of Human Rights Practices, 2001, U.S. Department of State.)