By NONDUDUZO KUNENE | 2020-04-09

GOVERNMENT has suspended all wage council negotiations, but stated that the cost of living adjustment (CoLA) negotiations will go ahead.

Minister of Labour and Social Security Makhosi Vilakati stated that this decision is informed by the two months national emergency in response to fight the spread of coronavirus in the country.

Vilakati made the announcement during a press briefing where he was revealing employment contingency measures in response to the COVID-19 national emergency under interim measures for workplace governance.

“All negotiations ensuing within the Wages Councils that are appointed in terms of the Wages Act, No. 16 of 1964 are suspended pending the lifting of the declared period of national emergency,” he said.

The minister said publication of Regulations of Wages Orders in the Government Gazette in respect of those Wages Councils who have already completed their negotiations is suspended pending the lifting of the declared period of national emergency.

Vilakati mentioned, however, that the suspension announced by him has nothing to do with the cost of living adjustment (CoLA) as it is an issue of the public service ministry.

Vilakati added that front-line workers, such as healthcare workers, workers in essential services and all employees who will be assigned to provide assistance in the execution of duties in the COVID 19 response, are deemed to be at a high risk of contracting the disease.

The minister said all employees who may contract COVID-19 within their official line of duty are to be treated within the ambits of occupational safety and health provisions of the Workmen’s Compensation Act, No. 7 of 1983, both in terms of medical assistance, sick leave and any warranted compensation.

Further, Vilakati said variation of terms and conditions of employment of an employee shall be permitted during the declared period of national emergency.

He said if this could be necessary in order to save life and property or to meet basic needs of the business or enterprise concerned.

Exposing

“Provided that such variation shall not be to the extent of exposing the employee to hazardous and unsafe working conditions and, provided further that no employee shall be subjected to disciplinary proceedings for failing to accede to variated terms and conditions of employment if these were considered to be either worse of or unfavourable or unsafe by the employee concerned,” he said.

Vilakati mentioned that the validity of labour compliance certificates which shall expire during the declared period of national emergency shall be presumed to have been automatically extended for a period of two months.

“All other labour compliance certificates which may be issued during the national emergency period shall be provisional as they shall be for a period not exceeding three months,” he said.

He urged members of the public, particularly workers, to continue listening to guidance from the ministry of health on precautionary measures and in particular stay at home and ensure that they wash their hands with soap and running water as often as they possibly can and avoid going to public places.

“For further guidance and advice, employers are encouraged to consult the office of the Acting Commissioner of Labour Mthunzi Shabangu at 7606 4209 or email min_labour@gov.sz,” he said.

Employers urged to consider salary advances

Minister of Labour and Social Security Makhosi Vilakati has urged employers to grant employees salary advances  as a measure meant to mitigate against the effects of loss of earnings during the national emergency.

Vilakati said employers, in consultation with recognised employees’ organisations or employees’ representative structures within the enterprise and the commissioner of labour, must consider several options to mitigate against the effects of loss of earnings by their employees during the partial lock-down period.

He stated that employers should grant employees their annual paid leave, in consultation with the employees.

  Vilakati added that employers may apply for the release of the bond of security of wages from the office of the commissioner of labour in respect of those employers who have made security provision for the payment of wages in terms of Section 62 of the Employment Act, No. 5 of 1980.

“Granting employees advance salaries or explore possible pre-access to any other form of social security measure as may be available within the enterprise for medium or long term contingencies such as pension schemes and provident funds, where feasible, in consultation with the employees and the Registrar of Retirement Funds,” he said.

The minister further mentioned the suspension of Eswatini National Provident Fund (ENPF) contributions for April and May and divert these to cushion wages and salaries payments.

“Other options such as homework, shift work and short time as might be considered appropriate by employers, acting in consultation with the employees or their representative structure, are hereby availed as allowable options; provided that any of the preferred or feasible option is not incompatible with any of the conditions of the lock-down period or any of the conditions of the declared national emergency, as the case may be,” he said.

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