Eswatini, formerly known as Swaziland, is a landlocked country located in Southern Africa. Despite being one of the smallest countries on the continent, Eswatini offers a rich cultural heritage and stunning natural landscapes. The country is known for its monarchy, with King Mswati III serving as the current ruler.
Employees who are hired for an indefinite term are considered permanent. Their contract can be terminated by either party by giving notice. Such employees are protected against unfair dismissal.
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 appointed day or 6 weeks of beginning employment. 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 21 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
In Eswatini, casual employees are defined as those who are paid at the end of each day and who are not engaged for a longer period than 24 hours at a time. Seasonal contracts mean contracts of service, the period of which cannot be pre-determined, entered into for a particular season, or for work to be performed on or in connection with a special project. Such contracts can be terminated without notice. Where a worker is repeatedly engaged as a casual employee by the same employer without interruption, that service can accumulate and be regarded as continuous employment.
While employers are allowed to use employment agencies for hiring employees, there are no specific guidelines on hiring temporary employees.
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.
In Eswatini, standard working hours for employees are determined by sector-specific Regulation of Wages Orders, collective agreements, 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 become entitled to 2 weeks 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 are entitled to 1 month of unpaid compassionate leave upon the death of a family member.
In Eswatini, employees become entitled to a maximum of 14 days of sick leave on full pay and a maximum of 14 days of sick leave on half pay after working for the same employer for 3 months. Payment for sick leave is made by the employer at the employee’s basic rate of wages. Where an employee does not earn a fixed wage, payment is calculated based on the average daily wages earned during the last week of work before the sick leave began. To qualify for paid sick leave, the employee must submit a medical certificate of incapacity covering the period of absence, signed by a medical practitioner.
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.
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.
Employees whose contracts are terminated for reasons related to the employer 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 of continuous employment.
