By Kwanele Dhladhla
Employers in the Kingdom of Eswatini will soon be barred from paying any form of wages or salaries at or near a bar.
This is contained in the Employment Bill of 2024, which seeks to promote decent working conditions for workers, which was tabled by Minister of Labour and Social Security Phila Buthelezi in Parliament.
“An employer may not pay wages to an employee at or in any shop or other place at which liquor is sold or in any office or other place adjacent to premises at which liquor is sold,” reads the bill in part.
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However, it was clarified that the clause of non-payment of wages at or near a place where liquor is sold would not apply to an employer who is a resident, owner, or occupier of a shop, office, or place, if the employee was employed in that retail shop, office, or place.
The bill goes on to address the sale of goods or services by employers to employees.
It stipulates that an employer should not force an employee to buy any goods or services either from that employer or any other person.
“An employer shall not compel or attempt to compel an employee or any dependent of an employee to buy any goods or services from that employer or any other person.
Where, for any reason, an employer sells goods or services to an employee, the employer may not sell those goods or services to the employee at prices above those at which they are generally available elsewhere in Eswatini,” it was explained.
The proposed legislation provides some regulations to prevent the abuse of employing people as perpetual or permanent casuals.
Section 29 (2) reads, “A person may not be engaged as a casual employee where the nature of the work for which the employee is to be employed is full-time and permanent.”
It was explained that a casual employee should not work for more than 24 hours a week.
The bill also provides some restrictions to avoid employing people on perpetual short fixed-term contracts.
Section 27 states that a fixed-term contract should clearly state its purpose. Further, it has been stipulated that the number of times for renewal of fixed-term contracts for the different sectors shall be determined by the Minister through regulations.
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The legislation, which awaits Parliament’s approval, provides some regulation to ensure that part-time workers become entitled to the same protection and rights enjoyed by comparable full-time employees, including protection against discrimination in employment and occupation.
Part-time workers, as per the legislation, could soon reserve the right to occupational safety and health, the right to bargain collectively and proportionately receive the benefits of social security schemes or any other similar benefits, as near as possible to comparable full-time employees.
The conditions of employment according to the legislation should be equivalent, regarding the part-time status of an employee, to those of comparable full-time employees, concerning issues of maternity protection, termination of employment, paid annual leave, paid public holidays, and sick leave, among others.
