LABOUR LAWS IN SWAZILAND A PRESENTATION AT THE TRAINING ON TRADE UNION STRATEGIES ON THE USE OF ILS IN LABOUR LAWS REFORMS; TURIN FROM JULY 2016 BY NELISO DLAMINI NATIONAL GENERALCOUNCIL MEMBER TRADE UNION CONGRESS OF SWAZILAND 1

The Swaziland Federation of Labour (SFL), Swaziland federation of trade Unions (SFTU) and Swaziland National Association of Teachers (SNAT) in dedication of selfless struggle of workers in Swaziland past and present, in January 2012, has their federation; the Trade Union congress of Swaziland formed and registered. In February 2013, the federation was deemed to be improperly registered by the industrial court as a result of a court challenge by the government of the Kingdom of Swaziland that was due to the fact that Industrial Relations Act 2000 has a lacuna that it did not provide for the registration of federations. After the passage of industrial relations (Amendment) Act No.11of 2014, the federation was re-registered on the 12 th May

The federation affirms its commitment to the establishment of a democratic society anchored on social justice, which depends on unity of purpose of the workers, directed at the eradication of all forms of oppression, suppression, exploitation, discrimination and social ills. It seeks to enhance the economic, social and political advancement of quality of life and work conditions of all workers in the country as well as the promotion, development and maintenance of trade unions controlled by workers themselves independent from political parties, employers and the government. 3

 On the 13 November 2014, the industrial Relations (Amendment) Act No, 11of 2014 was signed into law, opening the way for the registration of the federations. Due to government delays TUCOSWA was finally registered on the 12 May  Key structures are NOBs, NEC,NGC,SHOPSTWARD COUNCIL, Regions, youth and women groupings  Its nonprofit labour organizations that represent Swazi workers. It has eighteen labour union affiliates with subscribing members.  In all the structures there’s about 40-50% women representation 4

 Industrial Relations Act 2000,  Employment Act 1980,  Wages Act 1964,  Workmen’s Compensation Act 1983,  Occupational Health and Safety 2011,  Procurement Act 2011—as regards the awarding of Government and Public Enterprises this has provisions for adherence to labour laws 5

Main Issues at stake in the ongoing Labour Law reform (or recently adopted labour law) There are on-going deliberations in the Labour Advisory Board on:  Amending the Employment Act to allow the payment of severance allowance to retiring employees (a situation that was reversed after a 2014 judgment after over 30 years of such benefit being paid);  Amending the same Act to curb the exploitation of casual workers by extending the same benefits enjoyed by permanent employees or having benefits on a pro rata basis;  The development of an Unemployment Benefit Fund to be contributed to by the Government, Employers and Workers to cater for temporary unemployment (from which will come payment for maternity leave or other forms of temporary unemployment and the payment of workers of fly-by night employers); 6

 Proposed changes of the National Provident Fund to a National Pension Fund (with help from the ILO);  Amendments of the Workmen’s Compensation Act to cover domestic workers; This will make it easier for the federation to go about strengthening the mobilization of domestic workers because some domestic workers suffer at the hand of their employers. The affiliates are urged to sensitize their members about the cry against underpayment, nonpayment for overtime despite excessive overtime called for, non-increment of wages for years, no access to leave or maternity leave-basic things. 7

Major gaps between national labour law (existing laws and proposed reforms) and ratified ILS and specific examples/cases of violations of internationally recognized workers’ rights with a main focus on FoA and CB. The recent 2016 conclusions of the ILO indicated for the amendment of various legislation that has a bearing on labour laws. E.g. the Correctional Services Bill (to allow the unionization of Correctional Services personnel). This has seen unnecessary delay, given the numerous times the ILC has been raising its concerns on such restrictions. The oft-stated response was that this service fall within the category of disciplined forces. 8

 The Public Services Bill to allow the consideration of collective bargaining in the Public Service. The bill as it infringes on freedom of association, for example a public servant should not be visibly associated with a political figure or joined political parties.  Suppression of Terrorism Act to be amended so as not to term certain actions of trade unions as terrorist, due to the overbroad definition of terrorism. The way it is now makes it difficult to engage in political activities (protest actions) 9

Description of the social dialogue process around ongoing or completed labour law reforms. There is a tripartite body called the National Social Dialogue Steering Committee where the Government, Employer and Workers have equal representation on socio-economic issues. There is the Labour Advisory Board which advises the Minister of Labour and Social Security on labour legislation. These bodies are debating the legislative reforms referred to above. 10

Description of the way in which their union is relying upon - and using - ILS and ILO supervisory system in their actions and strategies (including possible obstacles); The continued reporting of the country on the violations of Convention 87 (which is a core Convention) and its placement in the ILC’s Special Paragraph is one effective way in which the Union is a part of the country’s labour movement’s use of these processes. 11

Description of trade union training programmes in the field of labour legislations and labour standards. The Federation, with the assistance of the ILO and other cooperating partners conducts workshops for its affiliates’ members. These have to do with Labour standards, on Occupational Health and Safety, paralegals training and organizing. Our unions are currently training their members on gender based violence public service bill. A research is conducted on declaring TB as an occupational disease by Swaziland democratic nurses union 12