PIGG’S PEAK – A new Employment Bill, No. 12 of 2024, was presented to the Parliamentary Portfolio Committee by the Minister for Labour and Social Security, Phila Buthelezi, yesterday. The bill aims to modernize Eswatini’s labour laws and align them with both the national Constitution and international labour standards.
This legislation was originally introduced as Bill No. 7 of 2023 but its progress was halted when the 11th Parliament was dissolved. However, following a resolution by the Labour Advisory Board (LAB), the Ministry has reintroduced the bill without any changes.
The primary goal of the bill is to give effect to Section 32 of the Constitution, which pertains to the rights of workers. It also seeks to harmonize existing employment laws, align national legislation with International Labour Organization (ILO) conventions, and repeal the outdated Employment Act, No. 5 of 1980.
The proposed legislation addresses several critical issues, including the practices of labour brokering and perpetual casualisation, while also tackling the issue of severance benefits upon retirement. Key reforms within the bill include protection against unfair dismissal, even during probation, and the outlawing of exploitative labour brokering. It also regulates fixed-term contracts, includes migrant labourers under its protection, and enforces severance payments upon retirement. Furthermore, the bill empowers the Labour Commissioner with greater enforcement authority and increases penalties for noncompliance with labour laws.
The bill has been the subject of extensive consultation with the Labour Advisory Board, which includes representatives from the Government, Labour, and Employers. The International Labour Organization also provided expert guidance that has been incorporated into the final text.
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