Employer in Eswatini

An employer can operate through a company, public authority, contractor or other organisation. An agent, manager or foreman may also perform employer functions when exercising control over workers. Formal employers generally need appropriate company or trading registration and labour compliance. A Labour Compliance Certificate requires a current Trading Licence, a Workmen’s Compensation Insurance Policy and an ENPF Compliance Certificate. Business Eswatini, the Business Federation of Eswatini and sector organisations can represent employer interests, while the Labour Advisory Board brings government, employers and workers together. Employers should provide written employment particulars no later than six weeks after employment starts. These particulars cover pay and its calculation, payment intervals, working hours, duties, probation, annual and public holidays, sickness, maternity, notice and pension arrangements. Employers generally provide a wage slip when paying wages, except for domestic employees, and retain employment records and registers for at least three years. Sectoral Wages Orders under the Wages Act apply to areas including agriculture, construction, mining, manufacturing, security, retail and wholesale, schools, pre-schools and day-care, domestic work, funeral services and micro-money lending. The applicable Order can set minimum wages, working hours, probation, leave, sickness, notice, union freedom, grievance procedures and social-security requirements. Employers deduct employees’ tax and submit the PAYE Monthly Deduction Return, payment and proof to the Eswatini Revenue Service by the seventh calendar day of the following month. Employers generally register with ENPF; for 2026, the wage ceiling is E4,300 per month and the maximum statutory contribution is E430 per employee, divided equally between employer and employee at E215 each. Domestic employers are currently exempt from ENPF registration, while regular employed Swazi citizens and non-citizens can fall within the contribution system according to the applicable rules. The Occupational Safety and Health Act requires preventive workplace safety measures, including a safety and health statement, a policy, safety committees where applicable and notification of accidents or occupational diseases. The OSH Inspectorate conducts routine, complaint-based and special inspections and checks equipment such as boilers, pressure vessels, hoists and elevators. It can issue Factory Permits, Improvement Notices and Prohibition Notices. Under the Workmen’s Compensation Act, employers carry liability for employment injury or death and require compulsory insurance. The National OSH Policy 2023 also addresses informal work, where enforcement and coverage remain limited. Employers should publish vacancies through National Employment Services and the Labour Market Information System where applicable. An employer seeking apprentices in a designated trade applies through the Directorate of Industrial and Vocational Training and needs suitable industry experience, competent journeymen, supervision, mentoring and relevant qualifications. Employers can establish a Works Council when they have at least 25 employees, excluding casual employees, with equal employer and employee representation under a written constitution. Recognition of a union with more than half of the bargaining unit’s membership is required; recognition below that threshold remains at the employer’s discretion. An employer should normally address a grievance internally first. The Department of Labour may intervene, and the Conciliation, Mediation and Arbitration Commission provides dispute prevention, conciliation, mediation and arbitration under section 62 of the Industrial Relations Act. Unresolved matters can proceed to the Industrial Court and the Industrial Court of Appeal. Retrenchments, lay-offs and short-time arrangements require registration with the Industrial Relations Unit and consultation through a Works Council, recognised union or applicable collective process. Records of the consultation and the resulting employment decisions support compliance. Employment in Eswatini includes both formal and informal arrangements. The 2023 Integrated Labour Force Survey recorded 260,356 employed people: 47.6% in the formal sector, 46.3% in the informal sector and 6.0% in households. Among 146,293 informally employed people, 82.5% worked in informal-sector units, 6.8% in formal-sector units and 10.7% in households. This makes formal registration, safety oversight and social protection central to employer compliance, while practical access to those systems remains uneven.