Employ Candidates Compliantly in Eswatini (Swaziland)

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  1. Overview: Eswatini (Swaziland)
  2. Global HR Compliance
  3. Global PEO and payroll
  4. Visa, work permit & immigration support
  5. Expand without a company set up
  6. Contractor vs. employee: which is better?
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Global HR Compliance in Eswatini (Swaziland)

The war for global talent has never been tougher. Attracting and keeping sought-after international employees requires knowledge. Whether your company is already engaging or planning to engage global workforce in Eswatini (formerly Swaziland), you need to trust that your operations are executed without flaw and without any unnecessary risks.

Businesses of all sizes face a devastating lack of information and support on global employment, taxation, and immigration in Eswatini. There’s a common and significant gap between what’s required to be 100% compliant and what most organizations actually have at their disposal.

Acumen International can fill the gap in fragmented Global HR Compliance knowledge

We are experts in global workforce employment in Eswatini, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.

We act as an information service for corporate clients, agencies, and independent contractors and freelancers. Our Global HR Compliance service in Eswatini will help you:

  1. Navigate legislation and local nuances of Eswatini. You need to know what is acceptable and what can expose you to employment litigation as well as employee / independent contractor misclassification risk in Eswatini.
  2. Avoid areas of possible risk. Certain areas and activities can create unnecessary risk, such as employer-employee relations. We can help you with worker classification, payroll and tax calculations, and social cost contributions.
  3. Handle currency exchanges and local invoicing in Eswatini. We save you time and effort, freeing you from having to understand complicated regulations and tax calculations written in the local language and subject to frequent changes.
  4. Create employment contracts and handle compliant engagements. Our objective is to assist you with international HR compliance issues and offer you the best payment and taxation options in Eswatini.
  5. Manage expatriate immigration and visa support nuances in Eswatini. Acumen International provides information about the best scenarios of expat immigration and employment.
  6. Handle global recruitment issues. We can help you select the person and then employ him with our help. We advise you on local employment laws and implied compliance risks to determine the most cost-effective, compliant, and risk-free solution for you.
  7. Withdraw from the region in the least risky and most cost-effective way. If you choose to do so, we can help you withdraw from the region as simply as possible.

Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.

With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in Eswatini.

Today every company involved in the world economic system is trying in one way or another to improve the efficiency of its activities. In connection with the expansion of the borders of international trade, the resource base of services that companies can use is expanding.

Cooperation with Acumen International helps companies solve the problems of functioning and development in new market economy by reducing costs, accelerating adaptation to external conditions, improving the quality of products and services, reducing risks.

Successful cooperation with major international companies, focusing on a narrow area of specialization and clear market positioning allowed Acumen International to develop effective models for managing personnel administration and payroll processes in companies of various profiles in Eswatini.

Discover the ways of hiring and firing an employee in Eswatini below

Hiring and Firing Workforce in Swaziland Guide

# Employment contracts

In Eswatini, anyone under the age of 15 may enter into an employment contract other than a foreign employment contract. Each employer must, within two calendar months of the appointed day, provide each employee with his or her employment with a completed copy of the form in the second schedule; give each employee, accepted for his work after the appointed day, a completed copy of the form in the second schedule within six weeks of the commencement of this work.

The employment contract applies to a domestic worker or employee:

  • who usually works or must work less than twenty-one hours a week;
  • who has contracted work for his employer for a fixed period of six weeks or less and will not be re-employed at the end of that period;
  • who is a member of the employer’s family;
  • whose conditions of service are regulated by a collective agreement, a copy of which was submitted to the Labor Commissioner, and another copy of which is readily available to the employer to familiarize the employer at the place of work.

# Minimum (Statutory) Employment Rules and Regulations in Eswatini

# Hours of work:
The following working day is established for the employee:

  • more than eight hours of actual work on any day;
  • more than 48 hours actual work is distributed within six days within one week;
  • continuously for a longer period than 41/2 hours of actual work without interruption for at least one hour, which should not be included in the calculation of the actual hours worked by this employee.

The employee must provide during the week a rest period of at least one day, which must be taken at a time that can be mutually agreed between the employer and the employee.

# Probation period:
During any period of probationary service provided either in the form provided to the employee or in the collective agreement governing his terms of employment, either party may terminate the contract of employment between them without prior notification. No probation period should be, except for cases when employees engaged in supervision, technical or confidential work, take place more than three months. In the case of employees engaged in supervisory technical or confidential work, the trial period must be fixed in writing between the employer and the employee during the participation.

# Annual leave:
After every twelve months of working with the employer, the employee must be granted leave of at least two weeks’ duration and must be paid in respect of such leave he would have paid for the time (other than overtime work) that he normally worked during that period. An employee must not be entitled to paid annual leave for any twelve months during which he attended work if he was absent from work for more than thirty-six normal working days during that period, except when such absence was caused by illness, certified by a doctor, maternity leave for which the employee is entitled, or for any other reason approved by his employer.

# Parental leave:
Every female worker, whether married or unmarried, who has continued his employer’s work for twelve months or more, must be entitled to maternity leave with full payment for at least two weeks upon delivery to her employer:

  • a certificate issued by a doctor or midwife, stating the expected date of her conclusion;
  • a certificate issued by a doctor or midwife, setting out the actual date of its conclusion; or
  • such other evidence in support of the right to maternity leave, as is reasonable, taking into account all the circumstances of the case.

A female employee eligible for maternity leave on the basis of a subsection must have this right at least once, 24 months after the last maternity leave.

Maternity leave must be at least twelve weeks, so he is allowed to:

  • a period when it wishes not to exceed six weeks, until the date of imprisonment;
  • a period of not less than six weeks from the date of imprisonment.

Except where the written condition for her employment is that maternity leave should not be less than twelve weeks, the employee may, at his discretion, agree to a period of maternity leave of less than twelve weeks. If the conclusion is concluded without the employee being entitled to maternity leave or when the period of such leave before his imprisonment is less than six weeks, the period of maternity leave after imprisonment, if the employee so wishes that the total period of such leave is not less than twelve weeks. Where an employee has been granted maternity leave and the date of confinement is a later date than that stated in the certificate or other evidence delivered to the employer as being the date on which confinement was expected, her maternity leave shall be extended to include the period that elapsed between those dates. Every female employee shall be entitled to a one hour nursing break with pay per day three months after maternity leave.

# Sick leave:
After three months continuous employment with the same employer, an employee shall be eligible, in each year of employment with that employer, for a maximum of fourteen days sick leave on full pay and a maximum of fourteen days sick leave on half pay. Payment for sick leave shall be made by the employer at the employee’s basic rate of wages, except that where the employee is employed on a wage other than a fixed wage he shall be paid, in respect of each day’s sick leave on full pay the same amount, and in respect of each day’s sick leave on half pay, half such amount, as equals the average amount of wages he received in respect of each day’s employment during the week in which he was last employed before the week during which his sick leave commenced. Sickness to be certified by medical practitioner. The payment in respect of sick leave should be subject to the employee producing a certificate of incapacity covering the period of sick leave claimed signed by a medical practitioner and no employee should be entitled to paid sick leave. Nothing should be deemed to prevent an employer granting paid sick leave in excess of that provided for or from granting paid sick leave to an employee who satisfies him, other than by the production of a medical certificate, that he was, for reasons of sickness, unable to carry out his normal duties on any day.

# Overtime:
The employee may consent to perform overtime in excess of the hours set out therein in which case he shall be paid for such overtime at not less than one and one-half times his normal rate of wages.

# State minimum salary:
Eswatini’s minimum wage rate is 531.6 Swazi emalangeni a month for a domestic worker,420 emalangeni a month for an unskilled worker, and 600 emalangeni a month for a skilled worker. Eswatini’s minimum wage was last changed in January 01, 2011.

# Employee dismissal:
There are following grounds for the termination of the employment contract:

  • an employee who has not completed the period or internship;
  • an employee whose contract for work requires that he work less than twenty-one hours a week;
  • an employee who is a member of the closest family of the employer;
  • employee, employed for a certain period and expired.

Termination of employee services should be considered unfair if it occurs for one or more of the following reasons:

  • the employee’s membership in the organization or participation in the activities of the organization outside of working hours or, with the consent of the employer, during working hours;
  • because the employee seeks work as or acts or acts as a representative of the employee;
  • conscientious filing of a complaint or participation in legal proceedings against the employer, involving violation of a law or violation of terms of employment, according to which the employee works;
  • race, color, religion, marital status, sex, national origin, extraction of tribes or clans, political affiliation or social status of the employee;
  • when the employee is certified by a doctor as unable to perform his usual duties due to a medical condition caused by work that he performed for his current employer, unless the employer proves that he does not have suitable alternative employment for this employee;
  • due to lack of duty for the employee due to illness certified by the doctor for a period not exceeding six months, or an accident or injury resulting from his work, unless the employer proves that in all circumstances the case, to him It was necessary to constantly replace the employee at a time when his services are terminated.

The reasons for the termination of the employee’s services:

  • because the behavior or work of the employee after the written warning was such that the employer can’t reasonably expect that he will continue to use it;
  • because the employee is guilty of dishonest act, violence, threats or ill-treatment of his employer or against any member of the family of the employer or any other employee of the enterprise in which he works;
  • because the employee intentionally causes damage to buildings, machinery, tools, raw materials or other objects associated with the enterprise in which he works;
  • because the employee, by carelessness or carelessness, jeopardizes the safety of the enterprise or any person hired or residing in it;
  • because the employee deliberately disclosed the secrets of production or confidential matters to another person who, or, probably, will damage his employer;
  • because the employee refused to work more than three working days during any thirty days without the permission of the employer or a certificate signed by the doctor, certifying that he is not suitable for work in these cases;
  • because the employee refuses to either take security measures, or follow his employer’s instructions regarding the prevention of accidents or illnesses;
  • because the employee was imprisoned and thus was unable to fulfill his obligations under his employment contract;
  • because the employer can’t continue working without violating this Law or any other law;
  • because the employee is redundant;
  • because the employee has reached the age that at the enterprise in which he worked, is the usual retirement age for employees who hold his office;
  • for any other reason that entails for the employer or entrepreneur the same detrimental consequences for those specified in this section.

When the employer’s behavior towards the employee is proved by this employee in such a way that the employee can’t reasonably expect that he will continue his work and, accordingly, leave his job, whether with or without notification.

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