Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided in the Government’s report, as well as the comments of the International Confederation of Trade Union (ITUC), which refer to issues already under examination, as well as to a number of acts of anti-union discrimination in the textile sector and in export processing zones (EPZs), and to the denial of collective bargaining to prison staff and problems in practice in the banking sector, demonstrating weaknesses in the collective bargaining machinery. In its previous comments, the Committee had noted the Government’s indication that the issue of anti-union discrimination in the textile sector was being addressed and a report would be submitted in due course. The Committee notes the Government’s response to these allegations. In particular, the Government states that there are two powerful trade unions in the EPZs: the Swaziland Manufacturing and Allied Workers Union (SMAWU) and the Swaziland Processing Refining and Allied Workers Unions (SPRAWU) and that they are fully covered by the rights consecrated in the Constitution and the Industrial Relations Act, 2000, as amended. As the Government does not specifically address the allegations of anti-union discrimination in the EPZs in practice, the Committee requests it to provide any available information and statistics from the labour inspectorate in this regard, as well as any remedial measures eventually taken.

The Committee recalls that its previous comments referred to the following points:

–      the need to adopt specific provisions accompanied by sufficiently dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations (Article 2 of the Convention); and

–      the need to adopt a specific legislative provision so as to ensure that, if no union covers more than 50 per cent of the workers, this does not prevent the exercise of the collective bargaining rights of the unions in the unit at least on behalf of their own members (Article 4 of the Convention).

The Committee notes with satisfaction that section 42 of the Industrial Relations Act (IRA) has been amended so as to provide that, where in an establishment employees are represented by more than two trade unions whose respective membership does not cover at least 50 per cent of the employees eligible to join the union, the employer shall grant collective bargaining rights to the unions to negotiate on behalf of their members (now published as the Industrial Relations (Amendment) Act No. 6 of 2010).

The Committee recalls that, in its previous comments, it had noted the Government’s indication that the issue of the adoption of specific provisions, accompanied by sufficiently dissuasive sanctions, for the protection of workers’ organizations against acts of interference by employers or their organizations, as required by Article 2 of the Convention, was being addressed. The Committee regrets that the Government has not provided any information on the developments in this regard. It requests the Government to put this matter before the Labour Advisory Board or the Steering Committee on Social Dialogue so as to ensure that workers and their organizations are effectively protected against acts of interference and anti-union discrimination, in accordance with the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments of the International Confederation of Trade Union (ITUC), the Swaziland Federation of Trade Unions (SFTU) and the International Confederation of Free Trade Unions (ICFTU, now ITUC) which refer to issues already under examination, as well as to a number of acts of anti-union discrimination in the textile sector and in export processing zones, and to the denial of collective bargaining to prison staff. The Committee notes from the reply of the Government that the issue of anti-union discrimination in the textile sector is being addressed and a report will be submitted in due course. The Committee trusts that the Government will take all necessary steps to submit promptly a report in respect of all the comments from the ITUC and the SFTU.

The Committee recalls that in its previous comments it referred to the following points:

–      the need to adopt specific provisions accompanied by sufficiently dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations (Article 2 of the Convention); and

–      the need to adopt a specific legislative provision so as to ensure that, if no union covers more than 50 per cent of the workers, this does not prevent the exercise of the collective bargaining rights of the unions in the unit at least on behalf of their own members (Article 4 of the Convention).

In its previous comments, the Committee noted that the Labour Advisory Board (LAB), of a tripartite nature, reviewed the legislative issues raised by the Committee and drafted an Industrial Relations (Amendment) Bill which included a number of amendments to the Industrial Relations Act. The Bill referred to the need to tackle the issue of adopting a specific legislative provision so as to ensure that, if no union covers more than 50 per cent of the workers, this does not prevent the exercise of collective bargaining rights by the unions in the unit, at least on behalf of their own members.

The Committee notes from the Government’s report that the issue of the adoption of specific provisions, accompanied by sufficiently dissuasive sanctions, for the protection of workers’ organizations against acts of interference by employers or their organizations, as required by Article 2 of the Convention, is being addressed. The Committee also notes the Government’s intention to keep it informed of any developments in this regard.

While noting that the Government reiterates that the LAB has commissioned a special committee to draft amendments in line with the recommendations made by the ILO high-level mission and the independent judiciary inquiry after their visit, the Committee trusts that the Government will provide information in its next report on concrete legislative measures taken to address the issues at stake.

The Committee recalls the availability of the technical assistance of the Office in the framework of the legislative amendment process, and trusts that the legislation will be brought shortly into full conformity with the requirements of the Convention. It requests the Government to provide information on any developments in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. In its previous observation, the Committee noted the comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) of 10 August 2006, which referred to issues that have already been examined and a number of acts of anti-union discrimination in the textile sector. The Committee once again requests the Government to send its observations in respect of the ICFTU comments.

The Committee recalls that in its previous comments it referred to the following points:

–           the need to adopt specific provisions accompanied by sufficiently effective and dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations (Article 2 of the Convention); and

–           the need to adopt a specific legislative provision so as to ensure that, if no union covers more than 50 per cent of the workers, this does not prevent the exercise of the collective bargaining rights of the unions in the unit at least on behalf of their own members (Article 4 of the Convention).

The Committee notes from the report of the Government that a process has already commenced within the social dialogue framework for all the comments of the Committee to be addressed positively. A high-level steering committee has already been established and has already decided to fast-track the comments by setting up subcommittees and task teams to deal with them and submit their draft by the end of February 2007. The Committee notes that, in this process, the Government is counting on the technical assistance of the Office.

The Committee has been recently informed that the Labour Advisory Board (LAB), of tripartite nature, is reviewing the legislative issues raised by the Committee for many years and has drafted an Industrial Relations (Amendment) Bill which includes a number of amendments to the Industrial Relations Act. The Bill refers to the need to tackle the issue of adopting a specific legislative provision so as to ensure that, if no union covers more than 50 per cent of the workers, this does not prevent the exercise of the collective bargaining rights of the unions in the unit, at least on behalf of their own members. The Committee, however, notes that the draft does not address the issue of the adoption of specific provisions, accompanied by sufficiently effective and dissuasive sanctions, for the protection of workers’ organizations against acts of interference by employers or their organizations, as required by Article 2 of the Convention. The Committee requests the Government to take the necessary measures to address also this issue in the draft Bill.

The Committee encourages the Government to continue its efforts to review and amend the legislation, where necessary with the technical assistance of the Office, and expresses the hope that the legislation will be brought into full conformity with the requirements of the Convention in the near future. It requests the Government to provide information on any developments in this regard.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that no report has been received from the Government. The Committee notes the observations of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which refer to issues that have already been examined and a number of acts of anti-union discrimination in the textile sector. The Committee asks the Government to send its comments on these observations.

The Committee also notes the report of the high-level mission that visited Swaziland from 21 to 27 June 2006 at the request of the Conference Committee on the Application of Standards in 2005 within the framework of the examination of the application of Convention No. 87.

The Committee recalls that in its previous comments it referred to the following points:

–           the need to adopt specific provisions accompanied by sufficiently effective and dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations, as required pursuant to Article 2 of the Convention; and

–           the need to adopt a specific legislative provision so as to ensure that if no union covers more than 50 per cent of the workers, collective bargaining rights are granted to the unions in the unit, at least on behalf of their own members (Article 6 of the Convention).

In this respect, the Committee notes with interest that, at the suggestion of the high-level mission, the Government and the social partners signed an agreement by which they undertake to establish, within the framework of the High-level Executive Committee on Social Dialogue formed in 2005, a special tripartite advisory committee to make recommendations to the competent authorities in order to eliminate the existing discrepancies between the legislation and the Articles of the Convention. The Committee also notes that the aforementioned agreement provides that the subcommittee shall begin work quickly and that it shall communicate a progress report to the ILO by the end of April 2007. The Committee hopes that this legislation will be brought into line with the requirements of the Convention and asks the Government to provide information on any developments in this regard in its next report.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report. It further notes the observations received from the International Confederation of Free Trade Unions.

1. Article 2 of the Convention. In its previous comments, the Committee referred to 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 or their organizations as required pursuant to Article 2 of the Convention. The Committee notes, however, that the Government considers that sections 39, 42, 98, 99, 100 and 101 of the Industrial Relations Act of 2000 (the Act) and sections 35 and 36 of the Employment Act of 1980 provide for sufficient protection. The Committee notes that the provisions mentioned by the Government do not expressly provide for the prohibition of all acts of interference, as required by Article 2 of the Convention. The Committee once again stresses that, to ensure the application in practice of Article 2, the legislation should contain an express provision in this respect, coupled with effective and dissuasive sanctions against acts of interference. The Committee therefore reiterates its request.

2. In its previous observation, referring to section 52 of the Act, the Committee requested the Government to take measures to ensure that there was sufficient protection against employers’ interference in the creation and functioning of works councils as well as against collective bargaining with non-unionized workers where there was a sufficiently representative trade union. The Committee notes with interest that section 52 of the Act was amended so as to ensure that the establishment of a works council in an undertaking no longer depends on the free will of an employer, as new section 52(1) requires an employer to establish one if his enterprise employs 25 or more employees. Furthermore, according to section 52, as amended, once a trade union has obtained its recognition, the enterprise works council loses its right to negotiate a collective agreement.

3. Article 6. The Committee previously noted that, according to section 42 of the Act, where the union has less than 50 per cent of employees, recognition of the union as employees’ representative is at the discretion of the employer. While noting the Government’s statement that, although the Act provides for recognition of workers’ organizations on attainment of 50 per cent or more, in practice employers are encouraged to accord voluntary recognition in the bargaining unit concerned, the Committee nevertheless requests the Government to take the necessary measures in order to adopt a specific legislative provision so as to ensure that if no union covers more than 50 per cent of the workers, collective bargaining rights are granted to the unions in the unit, at least on behalf of their own members.

The Committee hopes that the legislation will be brought into full conformity with the requirements of the Convention in the near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

The Committee notes the adoption of the Industrial Relations Act, 2000 (the Act). The Committee also notes the ILO technical advisory mission to the country (November 2000) during which preliminary draft amendments to the Act were prepared with the authorities.

In its previous comments, the Committee referred to 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 or their organizations as required pursuant to Article 2 of the Convention. The Committee notes, however, that the Act contains no such provision. The Committee, therefore, recalls 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 or their organizations.

The Committee also notes that the Act sets up a system of works councils (section 52) which only the employer is entitled to establish; there is also no provision setting out the manner in which the representatives of the works council are to be appointed, and the works councils may negotiate terms and conditions of employees who are not members of a trade union. In the view of the Committee, such a system may give rise to employer interference and undermine the role of representative trade unions, and does not promote collective bargaining with workers’ organizations as envisaged in Article 4 of the Convention. The Committee notes that a preliminary draft amendment of section 52 was prepared within the framework of the technical advisory mission. The Government is requested to take measures to ensure that there is sufficient protection against employer interference in the creation and functioning of works councils as well as against collective bargaining with non-unionized workers where there is a sufficiently representative trade union.

The Committee notes further that the Act provides for mandatory recognition where the trade union seeking recognition has as members over 50 per cent of the employees of the unit concerned, and provides for recognition at the discretion of the employer where the union has less than 50 per cent (section 42). The Committee recalls its previous comments in this regard, that if no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to the unions in the unit, at least on behalf of their own members.

The Committee hopes that the legislation will be brought into full conformity with the requirements of the Convention in the near future.

The Committee notes the comments on the application of the Convention submitted by the Federation of Swaziland Employers and asks the Government to send its observation thereon.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided in the Government’s report, in particular the adoption of the Industrial Relations Act, 2000 (the Act). The Committee also notes the recent ILO technical advisory mission to the country (November 2000) during which preliminary draft amendments to the Act were prepared with the authorities.

The Committee notes with satisfaction that the definition of "employee" in section 2 of the Act no longer excludes casual workers; thus these workers are no longer excluded from the rights set out in the Convention.

In its previous comment, the Committee referred to 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 or their organizations as required pursuant to Article 2 of the Convention. The Committee notes, however, that the Act contains no such provision. The Committee, therefore, recalls 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 or their organizations.

The Committee also notes that the Act sets up a system of works councils (section 52) which only the employer is entitled to establish; there is also no provision setting out the manner in which the representatives of the works council are to be appointed, and the works councils may negotiate terms and conditions of employees who are not members of a trade union. In the view of the Committee, such a system may give rise to employer interference and undermine the role of representative trade unions, and does not promote collective bargaining with workers’ organizations as envisaged in Article 4 of the Convention. The Committee notes that a preliminary draft amendment of section 52 was prepared within the framework of the technical advisory mission. The Government is requested to take measures to ensure that there is sufficient protection against employer interference in the creation and functioning of works councils as well as against collective bargaining with non-unionized workers where there is a sufficiently representative trade union.

The Committee notes further that the Act provides for mandatory recognition where the trade union seeking recognition has as members over 50 per cent of the employees of the unit concerned, and provides for recognition at the discretion of the employer where the union has less than 50 per cent (section 42). The Committee recalls its previous comments in this regard, that if no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to the unions in the unit, at least on behalf of their own members.

The Committee hopes that the legislation will be brought into full conformity with the requirements of the Convention in the near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following discrepancies between the 1996 Industrial Relations Act and the provisions of the Convention:

Scope of application of the Act. The need to extend the term "employee" to cover casual workers with regard to the rights enshrined in the Convention. 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 or their organizations. Article 4. The elimination of restrictions on the level of collective bargaining (sections 40 and 45(4) of the Industrial Relations Act). Furthermore, noting that the Industrial Relations Act provides for exclusive recognition rights of a union representing more than 50 per cent of employees in a unit, and provides for recognition at the discretion of the employer where 50 per cent or less are represented, the Committee stressed the importance of promoting further the rights of unions where no union or group of unions has majority support, to enable them to negotiate an agreement at least on behalf of their own members. Noting that a draft industrial relations bill has been prepared in consultation with the social partners and with the technical assistance of the Office, the Committee hopes that the Government will make every effort to take the necessary action in the very near future to ensure the full application of this Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's report, in particular regarding the enactment of the Industrial Relations Act, 1996 (Act No. 1 of 1996).

Scope of application. The Committee notes that arising from the definition of an "employee" in section 2, the provisions of the Industrial Relations Act in Part IV regarding collective bargaining and Part IX regarding freedom of association and the right to organize, do not protect casual employees. The Committee requests the Government to indicate whether and to what extent casual workers can be represented by a trade union taking part in collective bargaining.

Article 2 of the Convention. Whilst noting the Government's indication in its report that section 82 of the Industrial Relations Act ensures that workers are protected against interference by public officers, the Committee regrets that the new Act has not given effect to the comments it made in its previous observations concerning this issue. The Committee, therefore, recalls 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 or their organizations.

Article 4 of the Convention. The Committee notes with interest that the power to refuse to register a collective agreement on the grounds that it is inconsistent with government directives on wages and wage levels, which was the subject of previous observations, has not been maintained in the Industrial Relations Act.

Regarding the levels of bargaining, pursuant to section 40 of the Industrial Relations Act, federations do not seem to be able to take part in collective bargaining. The Committee recalls that the right to bargain collectively should also be recognized with respect to federations and confederations (see 1994 General Survey, op. cit., paragraph 249). In addition, it appears that pursuant to section 45(4) bargaining at the industry level cannot take place unless the Commissioner of Labour considers the establishment of a Joint Industrial Council to be "desirable or practicable". The Committee points out that, since the Convention contemplates voluntary collective bargaining, the choice of the bargaining level should normally be made by the partners themselves.

Noting that the Industrial Relations Act provides for exclusive recognition rights of a union representing more than 50 per cent of employees in a unit, and provides for recognition at the discretion of the employer where 50 per cent or less are represented, the Committee stresses the importance of promoting further the rights of minority unions where no union or group of unions has majority support, to enable them to negotiate an agreement at least on behalf of their own members.

The Committee notes that section 42 limits the ability of an organization or federation to devote more than a certain amount of time and funds to issues of public policy or public administration, one of the possible penalties for which is the suspension of exclusive bargaining rights. The Committee refers to its comments on this issue in its 1996 observation on Convention No. 87.

The Committee requests the Government to take the measures necessary to amend the Industrial Relations Act so as to bring it into full conformity with the provisions of the Convention, and points out that ILO technical assistance is available in this regard.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report.

The Committee recalls that, in its previous comments, it had 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 Committee notes with interest that, according to the information in the Government's report, a draft Industrial Relations Act which takes into account the Committee's comments has been elaborated and submitted to the Parliament in 1995. This draft has already been approved by the National Assembly and is to be submitted to the Senate. In addition, the draft amendment to the Employment Act of 1995 has also been elaborated and is to be discussed before a tripartite commission prior to being submitted to the competent authority. The Government adds that it will transmit a copy of these two texts once they have been adopted.

The Committee trusts that these two texts will bring the legislation into full conformity with the requirements of the Convention. It requests the Government to furnish a copy of these two texts with its next report even if they have not yet been adopted so that it may examine their conformity with the Convention. If the texts have been adopted, the Committee requests the Government to transmit them in their final version.

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

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.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's report. With reference to its previous comments, particularly the detailed observation of 1989, the Committee recalls that the discrepancies between national legislation and the Convention concern 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' organisations against acts of interference by employers or their organisations.

Article 4 of the Convention. The need to restrict the occupational tribunals' power to refuse registration of collective agreements. The tribunal should not be able 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 states that it requested and obtained technical assistance from the ILO and hopes to be able to amend the 1980 Industrial Relations Act so as to make it compatible with the provisions of the Convention.

The Committee notes that the Government is currently receiving technical assistance from the ILO to revise its labour legislation and trusts that it will take account of its previous comments so that the amended legislation will give effect to the Convention. It also hopes that the planned amendments to the legislation will be adopted rapidly. It asks the Government to state exactly what measures have already been taken to this end and to provide the texts of the amendments as soon as they are adopted.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report.

For several years it has been noting discrepancies between the national legislation and the Convention on the following matters:

1. the absence of provisions in the legislation respecting the protection of workers' organisations against acts of interference by employers or their organisations, contrary to Article 2 of the Convention;

2. the compulsory registration of collective agreements by the occupational tribunal, which may refuse registration in the event of non-observance of government directives on wages and wage levels, contrary to Article 4 of the Convention (sections 5(1b) and 43(3) and sections 4(4) and 44(3b) of the 1980 Industrial Relations Act).

1. In its previous observations, the Committee noted that the Labour Advisory Board, a tripartite body, had before it an amendment to the legislation intended to give effect to Article 2 of the Convention.

In its current report, the Government indicates that the work of the above Board on this matter has still not been completed, but that no cases of interference covered by Article 2 of the Convention have been brought to the knowledge of the Government.

While noting this statement, the Committee points out that under the terms of the Convention observance of the right set out in Article 2 must be ensured by appropriate measures, that is by legislative means.

The Committee trusts that the legislative process that is under way will be completed in the near future and requests the Government to supply full information on the progress achieved in this respect.

2. The Committee notes that the Government's report contains no information on the point raised concerning the implementation of Article 4 of the Convention.

The Committee therefore refers to its previous comments to the effect that the procedure according to which, before a collective agreement is applied, it is submitted to an industrial tribunal for authorisation, which is given after certifying that it is in conformity with official directives on wages, is a restriction of the right of workers to negotiate freely with their employers their terms and conditions of employment. It once again emphasises that government directives, particularly those concerning wages, should not be imposed upon the social partners but should be accepted voluntarily by all the parties concerned through appropriate procedures.

Consequently, the registration of a collective agreement should only be refused on grounds of form or because the provisions are not in conformity with the minimum standards of the labour legislation.

In this connection, the Committee refers to paragraphs 309, 311 and 313 of its General Survey of 1983.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to give full effect to this provision of the Convention on this point.