All Comments

Home Page | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Eswatini (Ratification: 1981)

Display in: French - Spanish

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

Previous comments: C.14, C.89 and C.101

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), 89 (night work (women)) and 101 (holidays with pay in agriculture) together.

Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions.Compensatory rest. Following its previous comment, the Committee notes the Government’s reference to the draft Employment Bill, which has been forwarded to the office of the Attorney General for further drafting before it is taken forward to Cabinet for approval. The Committee notes that the draft Employment Bill, in section 56, provides for financial compensation or compensatory rest for an employee who works on Sunday. The Committee also notes that the Regulation of Wages Order revised in 2022 only provides for financial compensation for a worker performing work on Sunday. Furthermore, the Committee notes that according to section 54 of the draft Employment Bill overtime may be arranged by agreement. In this regard, the Committee draws the Government’s attention to the Convention’s requirement that total or partial exemptions to the weekly rest scheme be limited to those which have been previously authorised, in consultation with the social partners (Article 4). The Committee further recalls that Article 5 of the Convention requires workers who are deprived of their weekly rest to be granted compensatory rest in all cases, irrespective of any monetary compensation (See the Committee’s 2018 General Survey, Ensuring decent working time for the future, paragraph 252). The Committee requests the Government to take the necessary measures to ensure that full effect is given to Articles 4 and 5 of the Convention, including in the context of the adoption of the Employment Bill.

Night work

Article 2 of Convention No. 89. Night work of women. Following its previous comment, the Committee notes that section 57 of the draft Employment Bill lifts the general prohibition of night work by women and only restricts night work for pregnant women during a certain period. The Committee hopes that the draft Employment Bill will be adopted in the near future Recalling that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (2018 General Survey on Working Time, para. 408).

Holidays with pay

Article 5 of Convention No. 101. Regulation of holidays with pay in agriculture. Following its previous comment, the Committee notes that section 8(2) of the Regulation of Wages (Agricultural Industry) Order, 2022, provides for an increase in the duration of paid holidays with the length of service, in accordance with Article 5(b). However, the Committee notes once again that the legislation does not provide for special treatment for young workers in cases in which the annual holiday with pay granted to adult workers is not considered adequate for young workers (Article 5(a)); the granting of proportionate holiday to workers who have not completed the minimum period of service to qualify for full annual holiday with pay (Article 5(c)); and the exclusion of periods of sickness from the annual holiday with pay (Article 5(d)). Therefore, the Committee requests the Government to provide information on the measures taken in order to give effect to these provisions of the Convention, including in the context of the adoption of the Employment Bill.

Article 8. Prohibition of agreement to forego holiday. The Committee notes that section 67(2) of the draft Employment Bill allows an employee to waive not more than half of the annual leave in return for compensation. Referring to paragraph 374 of its 2018 General Survey, the Committee emphasizes the importance of workers effectively benefiting from their right to a period of relaxation and leisure every year. The Committee requests the Government to consider revising the provisions of the Employment Bill in order to ensure that paid annual leave rights are effectively enjoyed and that monetary compensation is offered in lieu of annual leave in the case of any unused leave upon termination of employment.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention. Implementing legislation. The Committee recalls its previous comment, in which it drew the Government’s attention to the relevant legislation, that is, the Employment Act of 1980 and the Regulation of Wages (Agricultural Industry) Order of 2000, which do not appear to give effect to certain provisions of the Convention, namely the special treatment for young workers in cases in which the annual holiday with pay granted to adult workers is not considered adequate for young workers (Article 5(a)); the increase in the duration of the paid holiday with the length of service (Article 5(b)); the granting of proportionate holiday to workers who have not completed the minimum period of service to qualify for full annual holiday with pay (Article 5(c)); and the exclusion of periods of sickness from the annual holiday with pay (Article 5(d)). In its latest report, the Government indicates that the Employment Act 1980 is currently under review and that the Committee’s comments will be duly considered by the tripartite Wages Council for agriculture when it next reviews the relevant wages regulation order. The Committee accordingly requests the Government to keep the Office informed of any further developments concerning the process of revision of the Employment Act and the adoption of a new wages regulation order for the agricultural sector, and to transmit a copy of any new legislative text once it has been adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5(a) of the Convention. Young workers. The Committee notes that section 121(1) of the Employment Act of 1980 provides for an annual holiday of at least two weeks after 12 months of service and that section 8(1) of the Regulation of Wages (Agricultural Industry) Order, 2000 provides that, after 12 months of service, workers shall be entitled to an annual holiday of at least 12 working days. It notes that these provisions do not establish special treatment for young workers with regard to annual holiday. In this regard, the Committee draws the Government’s attention to the provisions of Article 5(a) of the Convention, under which, where appropriate, more favourable treatment shall be applied to young workers, including apprentices, in cases in which the annual holiday with pay granted to adult workers is not considered adequate for young workers. The Committee would be grateful if the Government would indicate any measures that it is considering taking to increase the duration of the annual holiday with pay of young workers.

Article 5(b). Increase in the duration of the paid holiday with the length of service. The Committee notes that the Employment Act and the Regulation of Wages (Agricultural Industry) Order do not provide for the gradual increase in the duration of the paid holiday based on length of service, as recommended by Article 5(b) of the Convention. It requests the Government to keep the Office informed of any steps it might take to implement this provision of the Convention.

Article 5(c). Proportionate holiday. The Committee notes that section 121(1) of the Employment Act and section 8(1) of the Regulation of Wages (Agricultural Industry) Order establish a minimum period of service of 12 months for entitlement to annual holiday with pay. It also notes that section 123(1) of the Employment Act and section 8(2) of the above Order provide that, if a worker’s period of service is more than three months but less than one year at the time of termination of the employment relationship, the worker shall be entitled to holiday compensation equivalent to one day’s wages per month of service. However, Article 5(c) of the Convention provides for the granting of proportionate holiday to workers who have not completed the minimum period of service to qualify for an annual holiday with pay without restricting this right to cases of termination of the employment contract. The Committee therefore requests the Government to indicate the measures taken or envisaged to extend the right to proportionate holiday to cases in which the employment relationship continues between the employer and worker concerned.

Article 5(d). Exclusion of periods of sick leave from the annual holiday with pay. The Committee notes that, under section 136 of the Employment Act, employees do not qualify for annual holiday with pay if they are absent for more than 36 weeks during the year, except if this absence is justified and, in particular, if it is due to an illness certified by a doctor. It notes that this provision only concerns the acquisition of holiday entitlement and not the exclusion of sick leave from the annual holiday with pay to which workers are entitled. The Committee therefore requests the Government to indicate whether temporary interruptions of attendance at work due to such causes as sickness or accident are excluded from the annual holiday with pay, as provided for under this provision of the Convention.

Article 11 and Part V of the report form. Application in practice. The Committee requests the Government to provide information on the application of the Convention in practice and, in particular, statistics on the number of agricultural workers covered by the national legislation relating to annual holidays with pay and extracts from reports of the labour inspection services indicating the number and nature of violations reported on this matter and the follow-up action taken.

Finally, the Committee requests the Government to keep the Office informed of any progress made in adopting the draft new Employment Act and the extent to which the technical comments made by the ILO on this draft have been taken into account in drawing up the final version of the text.

The Committee also takes this opportunity to recall that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 101 is outdated and invited the States parties to this Convention to consider the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which, although not deemed fully up to date, remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in agriculture by a State party to Convention No. 101 shall ipso jure involve the immediate denunciation of that Convention. The Committee considers that the ratification of Convention No. 132 would be all the more appropriate given that the legislation of Swaziland concerning annual holiday with pay is of general application, even if, for the time being, it does not provide for a holiday duration corresponding to the minimum duration required by Convention No. 132. It recalls that the Government could draw upon, if necessary, the technical assistance of the ILO in connection with legislative changes which might be necessary following the possible ratification of Convention No. 132, and requests it to keep the Office informed of any decision that it might take in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's indications in its last report that it is currently considering reviewing the Industrial Relations Act 1980 and that consideration will be given to the Committee of Experts' recommendations and comments. The Committee requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.