Eswatini's standard working hours are established by the Employment Act of 1980. The standard workweek for most employees is set at 45 hours, spread over Monday to Friday. However, security guards and watchmen have a different standard workweek of 72 hours, spread over six 12-hour shifts. There's no explicit regulation on daily working hours within the standard workweek. It's important to acknowledge that the Employment Act serves as a baseline for working hour regulations. Individual employment contracts or collective bargaining agreements may stipulate different working hours, as long as they meet or exceed the minimum legal requirements.

Eswatini recognizes the necessity of overtime work in certain circumstances and has established rules and fair compensation for such work through the Employment Act of 1980.

Overtime Eligibility and Consent

Overtime work requires the consent of the employee. Employers cannot compel employees to work overtime.

Maximum Overtime Limits

There's no specific legal limit on daily overtime hours. However, considerations must be given to total working hours, including regular hours and overtime, not exceeding a reasonable limit to protect employee well-being.

Similarly, there's no legislative cap on weekly overtime hours. The total working hours, including regular and overtime, should be reasonable and not put undue strain on the employee.

Compensation Options

All employees working overtime are entitled to be paid at least one and a half times their normal wage rate.

If an employee works on a rest day (their designated day off), they are entitled to be paid double their normal wage rate for the hours worked.

While the Employment Act establishes minimum requirements, individual employment contracts or collective bargaining agreements may specify different overtime pay rates or additional benefits for overtime work.

Additional Considerations

Case law from the Swaziland Industrial Court (now potentially the Eswatini Industrial Court) may provide further insights into interpretations of "reasonable" working hours and limitations on overtime work, although they are not statutory legislation.

In Eswatini, the Employment Act of 1980 provides basic entitlements for rest periods and breaks for workers. The Act mandates a break of at least 30 minutes for any employee who has worked continuously for more than five hours. This break is presumably unpaid and doesn't count towards working hours.

Notably, the Act doesn't explicitly mention mandated daily or weekly breaks beyond the five-hour break requirement. There are also no legal stipulations on the duration of breaks beyond the minimum 30 minutes after five hours of work.

Individual employment contracts or collective bargaining agreements may include more specific or generous break provisions than the minimum outlined in the Employment Act. These might stipulate additional breaks throughout the workday or breaks of longer duration.

Case law from the Swaziland Industrial Court (now potentially the Eswatini Industrial Court) may offer interpretations on "reasonable" break practices in the absence of more detailed regulations. However, such rulings wouldn't be statutory legislation.

In Eswatini, the Employment Act doesn't provide extensive regulations regarding night shifts and weekend work. However, it does establish some baseline principles and allows for additional benefits through negotiations.

Regarding night shift work, the Act doesn't mandate specific premiums or limitations. However, employers and employees can negotiate higher pay rates, shift differentials, or alternative benefits for night shift work within their employment contracts.

As for weekend work, employees are entitled to a designated rest day per week, which doesn't necessarily have to fall on a Saturday or Sunday. If an employee is required to work on their designated rest day, they are entitled to be paid double their normal wage rate for those hours worked. The Act doesn't mandate premium pay for working weekends beyond the double pay for a designated rest day. However, employment contracts or collective bargaining agreements can stipulate weekend work premiums if desired.

There are some important considerations to keep in mind. The Act emphasizes ensuring reasonable working hours and avoiding placing undue strain on employees. This indirectly influences considerations during discussions about night shifts and weekend work. Past rulings from the Swaziland Industrial Court might offer insights into interpretations of "reasonable" working hours in the context of night shifts and weekend work. It's important to note these are not statutory laws but precedents used in court decisions.