Capital: Mbabane

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Mbabane

reported violations- 2011
Trade union rights in law
Basic trade union rights are recognised in the law, and the Industrial Relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
Act was amended in 2010 to take into consideration some issues that the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
has commented on for many years. Nevertheless, trade unions still face a harsh legal environment. The 2006 Constitution entrenches the State of Emergency in force since 1973, which suspends constitutional freedoms. It also invests all power in the King’s hands, bans opposition political parties and meetings, and gives the government the ultimate executive, judicial and legislative authority. The Suppression of Terrorism Act was renewed in 2010, and is used to target trade unions.
The law bans prison staff and workers in export processing zones from forming and joining unions. The dispute settlement procedure that must be exhausted before a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
can be called is long and cumbersome. Trade unions also face civil liability for any damage caused during a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
The 2006 Constitution invests all power in the King’s hands, bans opposition political parties and meetings, and gives the government the ultimate executive, judicial and legislative authority. The Constitution entrenches the State of Emergency in force since 1973, which suspends constitutional freedoms. The Industrial Relations (Amendment) Act No. 6 was promulgated in 2010, taking into consideration some issues that the ILO Committee of Experts has commented on for many years.
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
There is no effective protection for trade unions against employer interference.
Restrictions
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Police
- >Export processing zone (EPZ) workers
- Workers in export processing zones are not allowed to form trade unions.
- >Others categories
- The law bans prison staff from joining trade unions.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
The Industrial Relations Act allows workers to negotiate collectively their terms and conditions of employment.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- According to the law, a representative trade union means a registered trade union or two or more trade unions acting jointly and whose members constitute the majority of the employees in a workplace. However, if no union represents more than 50% of the workers, collective bargaining rights are granted to the unions in the unit, at least on behalf of their own members.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Due to excessive and complicated requirements, collective action is virtually impossible in Swaziland.
Restrictions
Legal barriers to lawful strike actions:
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- The dispute settlement procedure is long, cumbersome and complex.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive sanctions for damages caused by strike actions
- Should a strike take place, the trade union faces civil liability for any damage caused during that strike.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Mbabane

reported violations - 2011
In practice
See tripartism, ITUC Guide to international trade union rights still leaves the question of trade unions in the police and armed forces to the discretion of Member States.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , the government sends the police to beat the hell out of them. There are even cases where police agents were shooting the workers just because they went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , demanding better working conditions. The government said that it was “not going to tolerate [strikes], because it will chase [away] investors”. Mr. Dlamini also explained that while Swaziland was often one of the first countries to ratify international conventions, including ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights Conventions, it was usually also the first to violate them.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Mbabane

reported violations - 2011
Violations
Police arrested and brutally manhandled trade unionists gathered for the workers’ day celebration organised by the Swaziland Federation of Trade Unions (SFTU) in Manzini, Swaziland’s industrial capital, on 1 May. Police and prison officers entered the stadium where the event was being held, searching for workers wearing t-shirts of the banned political parties People’s United Democratic Movement (PUDEMO) and the Swaziland Youth Congress (SWAYOCO). The SFTU is closely involved in the pro-democracy movement in Swaziland. Many workers were beaten and violently arrested for more thorough searches at the police station.
Among the workers arrested was a youth activist, Wandile Dludlu, who was taken in for wearing the Congress of South African Trade Unions (COSATU) t-shirt and an African National Congress (ANC) cap, which was later confiscated. When the police were confronted by the leadership of both SFTU and Swaziland National Association of Teachers (SNAT) on their actions, they claimed to have arrested the workers for other offences.
Police also arrested the guest speaker from the Swaziland Democracy Campaign, Miss Marie Da Silva and Swaziland Consumers’ Forum (SCF) representative, Peter Mpandlana, on the pretext that he was” not a worker”. The guest speaker from the Swaziland United Democratic Front (SUDF), Alex Langwenya, was held by the police until the event was nearly over, preventing him from giving his speech. Simangele Mmema from SNAT had been asked to video the event, but police officers confiscated her recording equipment, deleting everything on it.
One worker died in custody after being arrested during May Day celebrations. Sipho Jele was a member of the Swaziland Agriculture and Plantation Workers’ Union (SAPWU) and the People’s United Demoractic Movement (PUDEMO). The police arrested him during a military-style invasion of a sports stadium in Manzini where workers had gathered for an event to mark international labour day. They took him to his home where, according to his aunt, they searched the house and found nothing more than Jele’s PUDEMO membership card. He was forced to have his picture taken showing this card before being taken away. Two days later, the correctional services department announced that Sipho Stephen Jele had committed suicide in the toilet of a prison cell.
According to information received by the ITUC, the police exerted pressure on Jele’s family for him to be buried quickly, in an overt attempt to conceal the real cause of death. Furthermore, the inquiry appointed by the Prime Minister of Swaziland was carried out by the police’s own correctional service staff. Given the circumstances of his arrest, trade unionists and democracy activists fear he was killed for his activism. Pathologist reports say there were signs suggesting he was strangled. The Jele family endured further suffering when they were denied the right to give Sipho a traditional burial.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The truck drivers were dismissed after disciplinary hearings. The 22 were among the 24 drivers that engaged in the go slow strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike to express their anger at the management‘s failure to address a number of their grievances. The company was granted an order by the Industrial Court directing the workers to stop the go slow. Before the disciplinary hearing the company had suspended the 24 drivers for engaging in an illegal activity. The Swaziland Transport and Allied Workers Union (STAWU) Simunye branch said the drivers had appealed the decision of the disciplinary hearing.
Unitrans, a South African fuel supply company, dismissed 43 workers, represented by the Swaziland Transport and Allied Workers’ Union (STAWU) on 18 October. The following day it locked out 143 workers and obtained a court order for them to stay at least 200 metres away from the company premises.
The dispute began when the union expressed concerns over the mistreatment of workers by a contract manager. Management failed to resolve this grievance. As a result, on 14 October the union indicated it wanted to hold a meeting on the company’s premises at 6am on 18 October. The company sought a court order to prevent the meeting taking place but its application was rejected. The meeting went ahead and the workers agreed they would only resume work on condition that the grievance against the contract manager be resolved and that he be denied entry into the premises except to attend a hearing.
The company issued ultimatums advising the employees to return to work. As they did not do so they were given letters terminating their services, informing them they were dismissed for participating in an “ illegal” work stoppage.
More employees downed tools and resolved not to return to work until the charges against their colleagues were withdrawn; management responded by implementing the lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. . STAWU said that all 143 workers were effectively dismissed. They appealed against their dismissal and the union called for government intervention.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike over bonus pay. The workers went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike after management failed to confirm whether they would be paid their annual bonus. Management called in the police to remove them from the premises and told them they were being sent home for the end of year holiday period. They were warned they would probably have to reapply for their jobs in the New Year and that no one was guaranteed a job. A manager at the company confirmed that it had plans to ask workers to reapply for their jobs and that those who took part in what she termed the “illegal” strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike could be dismissed.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Mbabane

reported violations - 2011
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Mbabane

