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Swaziland - Working time - 2011


LAST UPDATE

14 December 2011

SOURCES


Name of Act

Employment Act 1980, Act No. 5 of 1980, dated 26 September 1980, published in the Government Gazette Extraordinary No. 55 ppS48-S103. Amended by the Employment (Amendment) Act 1997, Act No. 5 of 1997, dated 28 August 1997.
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Name of Act

Employment Regulations 1981, Legal Notice No. 75 of 1981, published in the Government Gazette No. 126 dated 30 October 1981.

Other source used

New Legislation, last updated 29 March 2011. Published by the Federation of Swaziland Employers and Chamber of Commerce (FSECC) at http://www.business-swaziland.com/index.php?option=com_content&view=category&layout=blog&id=64&Itemid=83 and accessed 9 December 2011.

LEGAL DEFINITIONS


Employee/worker

Employee means any person to whom wages are paid or are payable under a contract of employment.
Employment Act 1980 §2
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Employer

Employer means any person or undertaking, contractor, corporation, company, public authority or body of persons who or which has entered into a contract of employment with an employee and includes:
(a) any agent, representative, foreman or manager of such person, undertaking, corporation, public authority or body of persons who is placed in authority over that employee; and
(b) in the case of any such person-
(i) who has died, his executor;
(ii) who has become of unsound mind, his Curator Bonis;
(iii) who has become an insolvent, the trustee of his insolvent estate;
(iv) which is a company in liquidation, the liquidator of the company.
Employment Act 1980 §2

Night work(er)

Night means the period commencing at 9pm on one day and ending at 7am on the following day.
Employment Act 1980 §2

Domestic worker

Domestic employee includes any person employed for wages in or about a private dwelling house by the owner or occupier of such house.
Employment Act 1980 §2

Young worker

Child means a person under the age of fifteen years.

Young person means a person who has attained the age of fifteen years but is under the age of eighteen years.
Employment Act 1980 §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The only relevant provisions of general application impose limitations with respect to children and domestic employees. For industry-specific regulation, see applicable wage regulation order or collective agreement (if any).

Special categories


» Young workers

No person shall employ any child in any undertaking for more than six hours in any one day.
Employment Act 1980 §97(2)(c)
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» Domestic work

No person shall employ a domestic employee for more than 8 hours of actual work in any one day.
Employment Act 1980 §108(1), (4)
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Weekly hours limit


General limit

The only relevant provisions of general application impose limitations with respect to children and domestic employees. For industry-specific regulation, see applicable wage regulation order or collective agreement (if any).

Special categories


» Young workers

No person shall employ any child in any undertaking for more than 33 hours in any one week.
Employment Act 1980 §97(2)(d)
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» Domestic work

No person shall employ a domestic employee for more than 48 hours of actual work spread over six days in any one week.
Employment Act 1980 §108(1), (4)
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OVERTIME WORK


Special categories

The only provisions regulating overtime in the Employment Act apply only to domestic employees. For industry-specific regulation, see applicable wage regulation order or collective agreement (if any).

Domestic work

A domestic employee may consent to perform overtime in excess to hours. In such cases, the domestic worker shall be paid for that overtime at not less than one and one-half times his or her normal rate of wages.
Employment Act 1980 §108(3)

SCHEDULES


General

The only relevant provisions of general application impose limitations with respect to employing children during school hours (see Special Categories below). For industry-specific regulation, see applicable wage regulation order or collective agreement (if any).

Special categories


Young workers

No person shall employ any child in any undertaking during school hours.
Employment Act 1980 §97(2)(a)
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REST PERIODS


Rest breaks


General provisions

The only relevant provisions of general application impose obligations with respect to children, domestic employees and new mothers. For industry-specific regulation, see applicable wage regulation order or collective agreement (if any).

Special categories


» Young workers

No person shall employ any child in any undertaking for more than four hours continuously, without an interval of at least one hour for a meal or rest.
Employment Act 1980 §97(2)(e)
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» Domestic work

No person shall employ a domestic employee continuously for a longer period than 4 ½ hours actual work without a break of at least one hour which shall not be included in the computation of actual hours worked by that employee.
Employment Act 1980 §108(1), (4)
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» Pregnant workers/recent birth

Every female employee shall be entitled to a one hour nursing break per day three months after the maternity leave.
Employment Act 1980 §103(5) (as amended 1997)

Daily rest periods


Duration

No provisions establishing a right to a daily rest break identified.

Weekly rest periods


Special categories

The only relevant provisions of general application establish entitlements for domestic employees. For industry-specific regulation, see applicable wage regulation order or collective agreement (if any).

» Domestic workers

A domestic employee shall be granted, in each week, a period of rest of not less than one day to be taken at such time as may be mutually agreed between the employer and the domestic employee.
Employment Act 1980 §108(2)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

The qualifying period for an entitlement to annual leave under the Employment Act is 12 months’ employment with the one employer.

However, an employee shall not be entitled to the paid annual holiday in respect of any 12 months during which he or she attended work, if he or she has been absent from work for more than 36 normal working days during that period, except where such absence has been due to sickness certified by a medical practitioner, maternity leave to which the employee is entitled or for any other reason approved by his employer.
Employment Act 1980 §121(1), (2), (3)
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Duration


» General

An employee shall be given not less than two weeks’ holiday for every 12 months of employment with an employer.

Where during any annual holiday or part thereof being taken by an employee, any paid public holiday occurs, the period of the annual holiday shall be increased by one day in respect of that holiday and wages payable to the employee in respect of the annual holiday shall include one day’s wages for each such public holiday.
Employment Act 1980 §§121(1), 126

» Exceptions

The entitlement to annual leave does not apply to:
(a) outworkers;
(b) members of the employer’s immediate family who work exclusively on the employer’s behalf and who live in the employer’s house.

Also, other categories of workers may be entitled to different durations of annual leave pursuant to the provisions of wage regulation orders or collective agreements.
Employment Act 1980 §119

Payment


» Amount

Employees shall be paid, in respect of any period of annual leave, the wages he or she would have been paid for the time (other than overtime) he or she would normally have worked during that period.
Employment Act 1980 §121(1)

» Date of payment

Wages in respect of the paid annual holiday shall be paid in advance not later than the last working day proceeding such holiday.
Employment Act 1980 §125(1)

Schedule and splitting

Annual leave shall be taken no later than 6 months after completion of the twelve months in which the holiday has been earned, unless there is a written agreement between the employer and the employee allowing 1 week of each year’s annual leave entitlement to be deferred and accumulated over a period not exceeding four years.

The employer shall permit the employee to take the annual holiday in one unbroken period, or at the request of the employee, in two or more periods, one of which must be a continuous period of not less than one week.
Employment Act 1980 §122(1), (2), (4)

Work during annual leave

No relevant provisions identified.

PUBLIC HOLIDAYS


Number and dates

The number and dates of public holidays shall be determined by a Wages Regulations Order or a collective agreement covering the employee’s terms and conditions of employment.
Employment Act 1980 §2

Payment

The right to a holiday on full pay on public holidays may be granted in pursuance of a Wages Regulations Order or a collective agreement covering the employee’s terms and conditions of employment.
Employment Act 1980 §2 (see definition of public holiday)

Work on Public Holidays


» Criteria

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

» Compensation

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

EMERGENCY FAMILY LEAVE

An employee shall be entitled to one month’s unpaid compassionate leave annually upon the death of an employee’s immediate family member.
Employment Act 1980 §122(5), (6) (as amended 1997)
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PART-TIME WORK


General provisions

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).
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NIGHT WORK


Criteria for night work

The only provisions of general application relate to the employment of women and children / young persons at night. See Special Categories below.

Special categories


Young workers

No person shall employ any child in any undertaking between the hours of 6pm of one day and 7am of the following day.

No person shall employ a young person in any undertaking, other than an agricultural undertaking, between the hours of 6pm on one day and 7am on the following day, except for the purposes of apprenticeship or vocational training approved by the Minister in writing after consultation with the Labour Advisory Board.

Licence may be granted by the Minister to employ a child or a young person may be employed during the prohibited hours in the interest of art, science or education, or any form of public entertainment or for the purposes of making cinematography films. However, every licence shall contain the following conditions:
(a) That the period of employment shall not continue after midnight;
(b) That the child or young person shall be allowed to rest.
Employment Act 1980 §§97(2)(b), 98(1), 99(1), 99(3)
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Women

No employer shall employ any female in any undertaking between the hours of 10pm of one day and 6am of the following day unless he obtains a certificate from the Labour Commissioner authorising him to do so.

Before issuing a certificate, the Labour Commissioner shall satisfy himself that:
(a) Where female employees are required either to start or finish work between 10pm and 6am, adequate means are available for the transport of employees to their places of work before starting work and to their homes within a reasonable time after work, at the case may be;
(b) The employer has provided, at the place of employment, adequate rest room facilities and facilities for eating meals;
(c) Employees are given adequate opportunities for rest and meal breaks between periods employment.

The prohibition on employment women at night shall not apply:
(a) In cases of emergencies which could not be controlled or foreseen, or which are not of a recruiting character and which interfere with the normal working of the undertaking;
(b) In cases where the work has to do with raw materials, or materials in the course of treatment which are subject to rapid deterioration and when night work is necessary to preserve the materials from certain loss;
(c) To persons holding responsible positions of a managerial or technical nature;
(d) To undertaking in which only members of the employer’s immediate family are employed.
Employment Act 1980 §101(1), (3), (4)

SHIFT WORK


Criteria for shift work

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

ON-CALL WORK


Criteria

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

FLEXITIME


Criteria

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

CASUAL WORK


General provisions

Casual employee means any employee the terms of whose engagement provides for his payment at the end of each day and who is not engaged for a longer period than 24 hours at a time.

No further provisions particular to casual workers identified.
Employment Act 1980 §2

SHORT-TIME WORK/WORK-SHARING


General provisions

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

INFORMATION & CONSULTATION


Information

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

Consultation

No relevant provisions of general application identified. See applicable wage regulation order or collective agreement for regulation (if any).

Results generated on: 18th April 2014 at 10:06:25.
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