Eswatini > Freedom of association, collective bargaining and industrial relations

Eswatini - Freedom of association, collective bargaining and industrial relations - Law, Act

Industrial Relations (Amendment) Act, 2014 (Act No. 11 of 2014).

Adoption: 2014-11-13 | SWZ-2014-L-97396

The amendment makes a number of changes to the principal Act, in particular by inserting a new section concerning the registration of employer and worker federations (new sections 32bis, 32ter and 32quut) as well as amending provisions concerning resolution of protest action and civil and criminal liability of trade unions in sections 40 and 97 of the Act.

Eswatini - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Industrial Relations Act (Revokation of Exemption) Notice, 2006. Legal Notice No. 223 of 2006.

Adoption: 2006-12-20 | Date of entry into force: 2006-11-10 | SWZ-2006-R-76463

Revokes the Legal Notice No. 191 of 2006. The exemption granted to all Commissioners employed by the Conciliation, Mediation and Arbitration Commission together with the Commission, as their employer, is revoked.

Eswatini - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Industrial Relations Act (Exemption) Notice, 2006. Legal Notice No. 178 of 2006.

Adoption: 2006 | SWZ-2006-R-75315

Exempts all persons employed by the Commission from the of application of section 42 of the Industrial Relations Act, 2000.

Eswatini - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Code of Good Practice (Amendment) Notice, 2005 (G.N. No. 54/2005).

Adoption: 2005-09 | SWZ-2005-M-85997

Contains the Codes of Good Practice for the following areas of labour law:
1. Conciliation, Mediation and Arbitration Commission (CMAC) Conciliation Guidelines;
2. Conciliation, Mediation and Arbitration Commission (CMAC) Arbitration Guidelines;
3. Code of Good Practice: Employment discrimination
4. Guidelines for Intervention by Commissioner of Labour in terms of Section 82 of the Industrial Relations Act;
5. Code of Good Practice: HIV/AIDS in employment;
6. Code of Good Practice: Resolution of disputes in the workplace;
7. Code of Good Practice: Termination of employment;
8. Protect Action Guidelines: Section 40 of the Industrial Relations Act.

Eswatini - Freedom of association, collective bargaining and industrial relations - Law, Act

Industrial Relations (Amendment) Act, 2005 (Act No. 3 of 2005)

Adoption: 2005-03-16 | SWZ-2005-L-74401

Amends section 2 (definition of collective agreement), sections 8 and 17 (arbitration), section 19 (right of appeal), section 25, section 41 (amalgamation), section 42 (recognition of trade union by employer), sections 43, 44, 52 and 55; sections 76 and 77 (report of disputes to Commission), sections 79, 80, 81, 82 and 84; section 85 (unresolved disputes), section 86 (lock-out, strike), sections 88, 90, 96 , 100 and 109.

Deletes sections 78 and 83.

Inserts a new section 99A entitled "Rights of trade unions and employers' organizations".

Eswatini - Freedom of association, collective bargaining and industrial relations - Law, Act

Industrial Relations (Amendment) Act, 2000 (No. 8 of 2000).

Adoption: 2000-12-01 | SWZ-2000-L-58762

Amends sections 29, 40 and 52 of the Industrial Relations Act, 2000 so as to incorporate certain international labour practices. Sets forth conditions under which an employee who is not engaged in an essential service has a right to take part in a peaceful protest action to promote or defend socioeconomic interests. Also makes provision for dispute settlement by the Labour Advisory Board.

Eswatini - Freedom of association, collective bargaining and industrial relations - Law, Act

Industrial Relations Act (No. 1 of 2000). -

Adoption: 2000-06-06 | SWZ-2000-L-57331

Repeals and replaces the Industrial Relations Act (No. 1 of 1996), eliminating, inter alia, the specific requirement of s. 27 that organisation must take place within the confines of a single industry, and establishing new procedures for the recognition and operation of Joint Negotiation Councils (Part V). S. 3 sets out exclusions regarding those given the right to organise. Part VIII creates an Essential Services Committee and stipulates procedures for the latter's administration; it also establishes general criteria for the lawfulness of strikes.

Eswatini - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Code of Good Practice: Resolution of Disputes in the Workplace. -

Adoption: 2000 | SWZ-2000-M-104362

Eswatini - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Industrial Court of Appeal Rules, 1997 (L.N. no. 11 of 1997).

Adoption: 1997-02-06 | SWZ-1997-R-45978

Rules governing filing of appeals and other procedural matters.

Eswatini - Freedom of association, collective bargaining and industrial relations - Law, Act

Industrial Relations Act 1996 (No. 1 of 1996).

Adoption: 1996-01-19 | SWZ-1996-L-43359

Part II establishes an Industrial Court and an Industrial Court of Appeal with jurisdiction over any matters arising between employee and employer. Part III creates a Labour Advisory Board with the purpose of proposing new legislation with regard to employment or industrial relations. Regulations governing labour organizations are contained in Part III, including provisions relating to trade union constitutions and election of officers. Part V outlines the establishment of Joint Industrial Councils in areas in which employees and employers are considered to be sufficiently representative of the interests of the industry. Part VI stipulates the creation of works councils in establishments with 25 or more employees, which shall negotiate matters relating to conditions of employment and working conditions. Part VII concerns collective agreements. Part VIII covers disputes. Disputes not resolved through negotiating machinery are to be submitted for arbitration; this failing, parties may proceed to a strike or lockout following procedures outlined in s. 66. Part IX sets forth basic employee and employer rights, including the right to organize. Finally, the Schedule sets forth a Code of Practice, outlining employers' and employees' responsibilities regarding, inter alia, employment, working conditions, collective agreements, grievance and disciplinary procedures.

Eswatini - Freedom of association, collective bargaining and industrial relations - Law, Act

Industrial Relations Act 1980. No. 4.

Adoption: 1980-09-26 | SWZ-1980-L-11932

An Act to provide for the collective negotiation of terms and conditions of employment and for the establishment of an Industrial Court for the settlement of disputes arising out of employment. Repeals the Trade unions and Employers' Organisations Act 1966 (LS 1966-Swa.1) and the Industrial Conciliation and Settlement Act 1963.

Eswatini - Freedom of association, collective bargaining and industrial relations - Law, Act

Industrial Conciliation and Settlement (Amendment) Act 1967. No. 6.

Adoption: 1967-08-21 | SWZ-1967-L-18807

An Act to amend the Industrial Conciliation and Settlement Proclamation 1963 (No. 12 of 1963), to prohibit lockouts and strikes which are not in furtherance of trade disputes. Amends ss. 2, 21, 22 and 34 to 36.