The minimum notice period for terminating an employment contract required by the Employment Act is as follows:
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.
Foreign nationals who enter Eswatini for employment are required to apply for a work permit. They must submit the following documents to the immigration department:
The period of validity of any entry permit shall be at the discretion of the Chief Immigration Officer but may be renewed for further periods on the payment of the renewal fee, provided it is not issued or renewed for more than 5 years. When a permit holder's employment is terminated, the employer must report to the Chief Immigration Officer within 7 days.
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, 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.
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.
In Eswatini, minimum wages are determined by job grades at industry-level regulations, even region-wise, in some industries. The current minimum basic wages are as follows:
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