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Written Agreements

All employers in Eswatini must give their employees a written statement of employment terms (form at the end of the Second Schedule) within 2 months of their hiring or 6 weeks of joining. It must include identification of both parties, starting date, hours of work, nature of work, leave entitlement, notice period, pension scheme, etc. This form must be signed by both parties and submitted to the Labour Commissioner.

The following categories of employment contracts need not be in a written form:

• Employees who work less than 24 hours per week
• Employees who are hired on a fixed-term contract for less than 6 weeks duration
• Employees who are members of the employer’s immediate family
• Employees whose terms of service are governed by a registered collective agreement

Oral Agreements

All employers in Eswatini are required to give their employees a written statement of employment terms (form at the end of the Second Schedule) within 2 months of their hiring or 6 weeks of their joining. The following categories of employment contracts need not be in a written form:

• Employees who work less than 24 hours per week
• Employees who are hired on a fixed-term contract for less than 6 weeks duration
• Employees who are members of the employer’s immediate family
• Employees whose terms of service are governed by a registered collective agreement

Implied Agreements

There are no regulations on implied contracts in Eswatini, as written contracts are mandatory except in the following situations:

• Employees who work less than 24 hours per week
• Employees who are hired on a fixed-term contract for less than 6 weeks duration
• Employees who are members of the employer’s immediate family
• Employees whose terms of service are governed by a registered collective agreement

Standard working hours for employees are determined in collective agreements by industry and by individual employment contracts. The normal working hours are 45 to 48 hours per week, spread over 5 or 6 days. Every employee shall receive 1 day off work each week and no employee shall be required to work on their day-off in successive weeks unless mutually agreed to by prior arrangement. Working hours for children must not exceed 6 hours per day or 33 hours per week.

Employees working on paid public holidays are entitled to premium payment depending on industry-level regulations. Employees working in the Building and Construction Industry are paid twice their wages for working on public holidays. If a paid public holiday falls during the annual leave of an employee, the period of the annual holiday shall be increased by 1 day in respect of that public holiday, and wages payable to the employee in respect of the annual holiday shall include 1 day’s wages for each such public holiday.

No probationary period shall extend beyond 3 months, except in the case of employees engaged in supervisory, technical, or confidential work. In the case of employees engaged in supervisory technical or confidential work, the probation period shall be fixed in writing between the employer and employee at the time of engagement. During the probationary period, any party can terminate the employment contract without notice.

Notice Period

The minimum notice period for terminating an employment contract required by the Employment Act is as follows:

• If the period of continuous employment is less than 3 months - 1 week
• If the period of continuous employment is between 3 months and 12 months - 2 days for each completed month of continuous employment up to and including the twelfth month
• If the period of continuous employment is more than 12 months - 1 month and an additional 4 days for each completed year of continuous employment after the first year of such employment.

The minimum period of notice to be given by an employee who has been continuously employed by the same employer for a period of 3 months or more is 1 week or as determined by their contract. No notice is required for termination of contract during probation. Employees are entitled to 12 hours of paid leave each week during their notice period to look for jobs.

Severance Benefits

Employees whose contracts are terminated for reasons related to employers and due to no fault of their own are entitled to severance pay. The benefit is calculated at the rate of 10 days of wages per year of service in excess of the first year.

Minimum Wage

In Eswatini, minimum wages are determined by job grades at industry-level regulations, even region-wise, in some industries. The current minimum basic wages are as follows:

• Micro money lenders - SZL 2,567.21 (Swazi lilangeni) to SZL 7,701.54 per month
• Pre-schools and day care centres - SZL 1,405.46 to SZL 2,108.13 per month in urban areas and SZL 1,171.25 to SZL 1,756.77 per month in other areas
• Agricultural industry - SZL 74.67 to SZL 174.60 per day
• Hotel, accommodation, catering, and fast foods trade industry - SZL 1,500 to SZL 4,869.70 per month
• Security Services Industry - SZL 71.66 to SZL 112.37 per shift
• Support employees in schools and educational institutes - SZL 4.60 to SZL 22.33 per hour
• Manufacture and sale of handicrafts industry - SZL 353.03 to SZL 627.73 per week
• Mining and Quarrying Industry - SZL 9.41 to SZL 17.34 per hour
• Textile and Apparel Industry - SZL 331.71 to SZL 710.07 per week
• Building and Construction - SZL 8.80 to SZL 84.03 per shift
• Media Industry - SZL 2,342.34 to SZL 4,423.90 per month
• Retail, hairdressing, wholesale, and distributive trades industry - SZL 1,654.24 to SZL 2,110.10 per month in urban areas and SZL 1,443.70 to SZL 1,733.18 per month in other areas
• Forestry and forest industry - SZL 265.90 to SZL 1,504.73 per week
• Motor engineering trades industry - SZL 13.90 to SZL 37.20 per hour
• Domestic employees - SZL 1,246 to SZL 1,500 per month
• Manufacturing and processing industry - SZL 454.14 to SZL 1,771.15 per week

Overtime, Holiday & Vacation Pay

Employees working more than normal working hours are entitled to overtime pay determined by industry level wage orders, ranging typically from 1.5 to 2 times the standard wages. Employers must keep a record of the number of hours paid for at overtime rate for each employee.

Annual leave is paid at the normal wage rate for the employee. Wages in respect to the paid annual holiday shall be paid in advance, not later than the last working day preceding such holiday.

Employees working on paid public holidays are entitled to premium payment depending on their industry-level regulations.

Visas

Eswatini has the following categories of visa:

• Single entry - allows a single entry for a maximum of 3 months
• Multiple entry - allows multiple entries for a maximum stay of 12 months

The following types of entry passes are also issued:

• Transit pass - issued to those who enter Eswatini for the purpose of traveling to another destination for stay of up to a maximum of 7 days.
• Visitor's pass - issued to those traveling to Eswatini for temporary purposes such as holiday, business trip, etc, valid for a maximum of 6 months and does not allow employment.
• Student pass - issued to those who are accepted to study in an educational institute in Eswatini.
• Dependent's pass - issued to family members who are dependent on citizens or permanent residents of Eswatini or those who have come for work.
• Special pass - issued to those who are entering the country to apply for their residence permits or conducting an appeal.

Work Permits

Foreign nationals who enter Eswatini for employment are required to apply for a work permit. They must submit the following documents to the immigration department:

• Complete application form (Form 3)
• 2 Passport size photos
• Covering letter of application from employer
• Proof of advertisement of the job post (Full Page)
• Original police clearance from the country of origin
• Qualification certificates
• Medical certificate

The period of validity of any entry permit shall be at the discretion of the Chief Immigration Officer but may be renewed for further periods on the payment of the renewal fee, provided it is not issued or renewed for more than 5 years. When a permit holder's employment is terminated, the employer must report to the Chief Immigration Officer within 7 days.