Employment law in Ethiopia
Employment law in Eswatini (formerly Swaziland) is primarily governed by the Industrial Relations Act, the Employment Act, and other related labor laws and regulations. These laws are designed to protect both employers and employees, ensuring fair labor practices, safety, and non-discrimination in the workplace. Below are some key elements of employment law in Eswatini:
1. Employment Contracts
Written Contracts: Employment contracts must be written for all employees. The contract should outline the terms and conditions of employment, including salary, working hours, job duties, and the duration of employment.
Probation Period: A probation period is commonly included, typically lasting 3 to 6 months. During this period, either the employer or employee may terminate the contract with less notice.
Term and Termination: Employment contracts can be for a fixed term (temporary) or indefinite term (permanent). Termination must comply with the notice period stipulated in the contract or the law.
2. Working Hours
The standard working hours are typically 8 hours per day and 40 hours per week. Any work performed beyond these hours is generally considered overtime.
Overtime: Overtime pay is required for hours worked beyond the regular working hours. Overtime pay is typically at a rate of 1.5 times the employee's regular hourly wage. Special rates apply for work on public holidays or weekends.
3. Minimum Wage
Eswatini has established a minimum wage that varies by sector and region. It is set by the Minimum Wage Advisory Board, which takes into account factors such as cost of living, industry standards, and economic conditions.
Wages must be paid in local currency (Swazi Lilangeni), and employers are required to adhere to the legal minimum wage for their industry.
4. Leave and Holidays
Paid Annual Leave: Employees are entitled to 15 working days of paid annual leave per year. Leave should be taken in the year it is earned, or it may be carried over to the next year if mutually agreed upon.
Sick Leave: Employees are entitled to 10 days of paid sick leave per year. If the employee requires more than 10 days of sick leave, they may be required to provide a medical certificate to receive additional leave.
Maternity Leave: Female employees are entitled to 12 weeks of maternity leave, with at least 6 weeks taken after childbirth. Maternity leave is paid by the employer at the usual wage, and employees are generally entitled to return to their job after the leave.
Paternity Leave: Male employees are entitled to 3 days of paid paternity leave following the birth of a child.
Public Holidays: Eswatini recognizes several public holidays, and employees are entitled to paid leave on these days. If employees work on a public holiday, they are entitled to double pay.
5. Termination and Dismissal
Notice Period: The notice period for termination depends on the length of employment:
1 week for less than 6 months of employment.
2 weeks for 6 months to 1 year.
4 weeks for more than 1 year of employment.
Dismissal with Just Cause: Employees can be dismissed for just cause, such as misconduct, theft, or poor performance. In such cases, the employer must follow a fair disciplinary process.
Severance Pay: If an employee is terminated without just cause (unfair dismissal), the employer is required to pay severance, which is calculated based on the length of service and the employee's wages.
Redundancy: In cases of retrenchment or redundancy, employers are required to follow a procedure, including notifying labor authorities and paying severance.
6. Discrimination and Equal Treatment
Non-Discrimination: Eswatini's employment laws prohibit discrimination on the basis of gender, race, religion, disability, age, or other protected categories.
Equal Pay: Employees, regardless of gender, are entitled to equal pay for equal work. The principle of non-discrimination is embedded in the laws to promote fairness and equal opportunity.
7. Social Security and Benefits
Social Security: The Swaziland National Provident Fund (SNPF) provides retirement benefits to employees. Employers are required to contribute to the SNPF, typically at a rate of 5% of an employee's gross salary, with a matching contribution from the employee.
Workplace Injury and Health Insurance: The Workmen’s Compensation Act provides compensation for employees injured in the course of their work. Employers are required to take out insurance for this purpose.
8. Trade Unions and Collective Bargaining
Employees have the right to form and join trade unions. These unions play a key role in protecting workers' rights and negotiating collective bargaining agreements (CBAs) for improved wages, benefits, and working conditions.
Collective Bargaining: In sectors with union representation, CBAs are commonly negotiated between unions and employers to regulate working conditions, wages, and benefits.
9. Health and Safety
Employers are required to maintain a safe working environment. This includes providing safety equipment, conducting training on health and safety procedures, and ensuring that the workplace complies with safety standards.
The Occupational Health and Safety Act regulates workplace safety, and employees have the right to report unsafe working conditions without fear of retaliation.
10. Child Labor and Minimum Working Age
The minimum working age in Eswatini is 15 years old. However, there are restrictions on the types of work that minors can do and the number of hours they can work. The law prohibits child labor in hazardous industries.
11. Employee Rights in Case of Redundancy
In cases of redundancy or downsizing, employees are entitled to compensation, and the employer must follow legal procedures to notify and consult with employees. Severance pay is required in the case of dismissal due to redundancy, depending on the length of service.
12. Employment Disputes
Employees and employers have access to labor courts for resolving disputes regarding unfair dismissal, wage claims, or violations of employment terms.
Disputes can also be taken to the Industrial Court or the Labour Advisory Board for mediation or adjudication.
13. Foreign Workers
Foreign workers can be employed in Eswatini, but they must obtain the appropriate work permits or visas from the Ministry of Labour and Social Security.
Foreign workers are entitled to the same rights and protections as local workers, including wages, working conditions, and benefits.
Conclusion
Eswatini's employment laws aim to create a fair and equitable labor market by protecting workers' rights, ensuring safe working conditions, and promoting social security benefits. The laws offer protections against unfair treatment, discrimination, and wrongful dismissal while ensuring employers and employees follow proper procedures when it comes to termination, wages, and other work-related matters.
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