COUNTRY

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.

Employees become entitled to 2 weeks (12 days) paid annual leave after working for 1 year. This leave must be taken no later than 6 months after completing the year in which leave has been accrued. 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.

An employee who has taken 36 days' leave in a year for reasons other than sickness or maternity is not entitled to annual leave in that year.

Employees can agree with their employers to defer 1 week of their leave each year and accrue it for a maximum of 4 years. When an employment contract is terminated before the employee can utilize all accrued annual leave, they are entitled to be paid for those leave days.

Employees become entitled to a maximum of 14 days sick leave on full pay and a maximum of 14 days sick leave on half pay after working for the same employer for 3 months. Payment for sick leave are made by the employer at the employee’s basic rate of wages. Employees must provide a medical certificate to claim the benefit.

Female employees in Eswatini are entitled to 12 weeks of maternity leave, 6 weeks before and 6 weeks after delivery. 2 weeks of maternity leave are paid in full. Employees must have completed a year of service with the employer to be entitled to paid maternity leave. They can avail of the next period of maternity leave after the lapse of 24 months from the last.

Employers must not terminate the services of, or give notice of such termination to, an employee or require her to resign during her maternity leave, except in case of operational necessities. Employees are entitled to continue in their former or equivalent work without losing seniority or pay after maternity leave.

There are no provisions for paternity leave in Eswatini.

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.

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.

Pension

The National Provident Fund of Eswatini provides retirement benefits to insured members. All employees must be registered into the fund by their employers. Contributions to the fund are paid by both employees and employers.

The retirement age is 50 years (or 45 years for those who are retired due to permanent disability). If a member, having qualified for age benefit at 50 years, continues to work, the employer must continue to pay contributions for him/her. The employer must wait 2 years before claiming a benefit again. Upon retirement, the benefit is paid as an annuity or lump sum of total sum of the contributions paid and accrued interest.

There is also a universal social welfare scheme funded by the government that grants age benefits to those citizens or permanent residents who reached 60 years of age. They must live in Eswatini to be eligible for benefits. The benefit is paid as SZL 500 (Swazi lilangeni) per month.

Dependents/Survivors Benefits

Eswatini's National Provident Fund grants benefits to survivors of an insured member who dies before qualifying for a personal benefit. The survivors include family members. The total benefit paid to them is the total sum of the contributions paid and accrued interest in the deceased member's account. The benefit is shared among survivors in proportions that the member had submitted to the executive officer in writing.

If an employee dies due to a work-related injury or disease, the survivors of the deceased receive 48 times the monthly salary of the deceased. They are also paid a funeral grant of SZL 500.

Invalidity Benefits

Eswatini's National Provident Fund provides disability benefits to insured members who become permanently disabled physically or mentally. There are no age requirements. The beneficiary must submit a doctor's medical report confirming his/her member’s incapacity to continue with gainful employment as a result of the accident or sickness or mental illness. The benefit is paid as an annuity or lump sum of total sum of the contributions paid and accrued interest.

There is a universal social benefit scheme for Eswatini citizens and permanent residents who are permanently disabled. The grant is SZL 280 per month.

In case of disability due to work-related accidents or occupational diseases, employees are entitled to benefits paid by their employers (through insurance), depending on the type and degree of disability.