48
-
-
Total Lack of Access to Decent Work
40
80
60
0
20
75
60
20
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §11 of the Wages Act, 1964; §3 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law require regular and timely payment of wages? | No | 0 | §47 of the Employment Act, 1980 | |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §11 of the Wages Act, 1964; §61 of the Employment Act, 1980; §6 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §6 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §5 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located | |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §5 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law require paid public holidays? | Yes | 1 | §7 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023; §1-5 of the Public Holidays Act, 1938 | |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §8 of the of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §22 of the Employment Act 1980; Second Schedule of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provisions could be located | |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §32 of the Employment Act 1980 | |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §33 of the Employment Act 1980 | |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §34 Employment Act 1980 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | No applicable legal provisions could be located | |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | |
| Does the law require paid nursing breaks? | No | 0 | §103 of the Employment Act, 1980 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §103 Employment Act 1980; §11 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | No | 0 | §103 Employment Act, 1980; §11 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §103 of the Employment Act, 1980; §11 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §105 (1)(c) of the Employment Act, 1980 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §9(4) of the Occupational Safety and Health Act, 2001 | |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §9(6) of the Occupational Safety and Health Act, 2001 | |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | No | 0 | §101 of the Employment Act, 1980 | |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §5 & 25 of the Workmen's compensation Act, 1983 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §25 and 29 of the Swaziland National Provident Fund Order, 1974; ISSA Country Profile for Eswatini | |
| Does the law provide for survivors' benefits? | Yes | 1 | §28 of the Swaziland National Provident Fund Order, 1974 | |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §129 & 130 of the Employment Act 1980; §9 of the Regulation of Wages (Textile and Apparel Industry) Order, 2023 | |
| Does the law provide for invalidity benefits? | Yes | 1 | §26 of the Swaziland National Provident Fund Order, 1974 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §96 of the Employment Act, 1980 | |
| Does the law prohibit sexual harassment in employment? | No | 0 | No applicable legal provisions could be located | |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §29 of the Employment Act, 1980 | |
| Does the law allow women to do the same job as men? | No | 0 | §101 of the Employment Act, 1980 | |
| Does the law guarantee basic labour protection to the platform workers? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §2,97 & 98 of the Employment Act, 1980; §2, 234, and 238 of the Children's Protection and Welfare Act, 2012 | |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §2,97 & 98 of the Employment Act 1980; §10 of the Free Primary Education Act, 2010 | |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §2, 235-238 of the Children's Protection and Welfare Act, 2012 | |
| Does the law prohibit forced labour? | Yes | 1 | §2,144,145 &147 of the Employment Act, 1980; §2 & 12-16 of the People Trafficking and People Smuggling (Prohibition) Act, 2009 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §25 & 32 of Constitution of Eswatini, 2005; §98 of the Industrial Relations Act, 2000 | |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §32 of Constitution of Eswatini, 2005; §42 of the Industrial Relations Act, 2000 | |
| Does the law provide the right to strike? | No | 0 | §25 of Constitution of Eswatini, 2005; §40, 91, 93 & 94 of the Industrial Relations Act, 2000 | |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §25 of Constitution of Eswatini, 2005; §40(13), 87, 88 & 110 of the Industrial Relations Act, 2000 |