Eswatini has a legal framework to protect workers’ rights and ensure fair labor practices. The country’s laws address key areas like equal pay, freedom of association, and the proper procedure for strikes and lockouts. Eswatini is also making strides toward improving its public health system to move closer to Universal Health Coverage (UHC).
Prohibition of discrimination
Eswatini mandates equal pay for equal work, prohibiting any discrimination in wages between male and female employees. The law states that special provisions for women related to childbirth, retirement, marriage, or death do not violate this rule. Any employment contract or collective agreement that permits unequal pay is considered null and void. In the event of prosecution, the burden of proof is on the employer to demonstrate compliance with this equal pay requirement.
Medical insurance
Eswatini is in the process of developing a public healthcare system with the goal of achieving Universal Health Coverage. The system operates through a network of government clinics and hospitals, and it is funded by general taxation and donor funds. There are no direct obligatory contributions required from either employees or employers for this public healthcare system.
Freedom of association
The Industrial Relations Act grants employees the right to participate fully in a trade union or staff association. This includes the right to form or join such an organization, engage in its lawful activities, and hold office. Employees can also take part in the election of workplace representatives or run as candidates themselves. To be official, trade unions must be registered with the Commissioner of Labour.
Strikes and lockouts
For any protest action, such as a strike or lockout, to be considered lawful, a secret ballot must first be conducted among the members or affiliates. The results of the ballot must be reported to the Labour Advisory Board and the Commission within 24 hours. A protest is considered lawful if the quorum requirements are met (40% for a federation, 35% for an organization) and over 50% of the votes are in favor.
What this means for skilled workers
For skilled workers in Eswatini, these laws provide a robust legal framework that ensures fair treatment and protects their rights. The equal pay law guarantees that compensation is based on the value of their work, not their gender, and gives them a clear legal avenue to challenge wage discrimination.
The public healthcare system, while still developing, offers a baseline of medical services without requiring direct contributions from their wages. Furthermore, the rights to participate in union activities and to strike lawfully provide workers with a strong collective voice to advocate for their interests.
What it means for employers
For employers operating in Eswatini, these regulations underscore the importance of strict adherence to labor laws to avoid legal and financial penalties. Companies must ensure their compensation structures are free from gender-based wage discrimination and be prepared to prove compliance if challenged.
When dealing with union activities, employers must respect employees’ right to organize and participate in collective action. Understanding the correct procedures for strikes and lockouts is crucial to ensure any protest action is handled lawfully.
Conclusion
Navigating this complex legal landscape can be a challenge for international companies looking to hire in Eswatini. Multiplier’s Employer of Record (EOR) services offer a streamlined solution to ensure full compliance. By partnering with an EOR, businesses can hire employees in Eswatini without the need to set up a local entity, which can be both costly and time-consuming.
Multiplier manages all aspects of local employment, including legally compliant contracts, payroll, and benefits administration, mitigating the risk of non-compliance and allowing employers to focus on their growth and talent strategy. Book a demo today.
FAQs
What does the equal pay law in Eswatini require?
The equal pay law requires employers to provide equal pay for equal work to male and female employees, prohibiting any discrimination in wages based on gender. Employment contracts or collective agreements that violate this rule are null and void.
How is healthcare funded for employees in Eswatini?
Eswatini's public healthcare system, which aims for Universal Health Coverage, is funded through general taxation and donor funds. There are no direct obligatory contributions from employees or employers.
What rights do employees have regarding unions in Eswatini?
According to the Industrial Relations Act, employees have the right to participate in a trade union or staff association, which includes forming or joining such organizations, engaging in their lawful activities, and holding office within them.
What are the requirements for a lawful strike or protest action in Eswatini?
For a strike or protest action to be lawful, a secret ballot must be held among the members or affiliates, with the results reported to the Labour Advisory Board and the Commission within 24 hours. A quorum of at least 40% (for a federation) or 35% (for an organization) must be met, and over 50% must vote in favor of the action.
