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Eswatini

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers, except for those in essential services, have the right to form and join independent unions, conduct legal strikes, and bargain collectively. The law places restrictions on these rights. The law provides for the registration of unions and federations but grants far-reaching powers to the labor commissioner with respect to determining eligibility for registration. Unions must represent at least 50 percent of employees in a workplace to be automatically recognized.

The constitution and law provide for the right to organize and bargain collectively, subject to various legal restrictions. The law gives employers discretion as to whether to recognize a labor organization as a collective employee representative if less than 50 percent of the employees are members of the organization. If an employer agrees to recognize the organization as the workers’ representative, the law grants the employer the ability to set conditions for such recognition. The law provides for the registration of collective agreements by the Industrial Court. The court is empowered to refuse registration if an agreement conflicts with the law, provides terms and conditions of employment less favorable to employees than those provided by any law, discriminates against any person, or requires membership or nonmembership in an organization as a condition for employment. The Conciliation, Mediation, and Arbitration Commission presides over dispute resolution. The commissioner of labor has the power to “intervene” in labor disputes before they are reported to the commission if there is reason to believe a dispute could have serious consequences for the employers, workers, or the economy if not resolved promptly.

Employees not engaged in “essential services” have the right to undertake peaceful protest actions to “promote or defend socioeconomic interests” of workers. The law defines “socioeconomic interest” as including “solutions to economic and social policy questions and problems that are of direct concern to the workers but shall not include matters of a purely political nature.” The law prohibits antiunion discrimination. Extensive provisions allow workers to seek redress for alleged wrongful dismissal.

Although the law permits strikes, the right to strike is strictly regulated, and the administrative requirements to register a legal strike made striking difficult. Strikes and lockouts are prohibited in essential services, and the minister’s power to modify the list of these essential services provides for broad prohibition of strikes in nonessential sectors, including postal services, telephone, telegraph, radio, and teaching. The procedure for announcing a protest action requires advance notice of at least seven days. The law details the steps to be followed when disputes arise and provides penalties for employers who conduct unauthorized lockouts. When disputes arose with civil servant unions, the government often intervened to reduce the chances of a protest action, which may not be called legally until all avenues of negotiation are exhausted and a secret ballot of union members conducted. When civil servant unions tried to strike in January, the government filed suit based on the unions’ failure to abide by certain technical requirements. The litigation took several months to work its way through the court system. The court ultimately ruled in favor of the unions, which proceeded with their strike action in September.

In September and October, approximately 3,000 public-sector employees engaged in legal strike actions. The government honored their right to strike but informed employees it would apply the “no work, no pay” rule. The Eswatini Electricity Company suspended 17 workers (including some union leaders), although with pay, after they participated in an illegal five-day strike action in March.

The government has legal restrictions on labor brokers, but these were inconsistently enforced.

France

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor law provide workers the right to form and join unions of their choice without previous authorization or excessive requirements. The law provides for the right to bargain collectively and allows unions to conduct their activities without interference. Workers, except those in certain essential services such as police and the armed forces, have the right to strike unless the strike threatens public safety. The law prohibits antiunion discrimination and forbids removing a candidate from a recruitment procedure for asking about union membership or trade union activities. The Ministry of Labor treats such discrimination as a criminal offense and prosecutes cases of discrimination by both individuals and companies.

Penalties were generally sufficient to deter violations, although union representatives noted antiunion discrimination occasionally occurred, particularly in small companies.

Public-sector workers must declare their intention to strike at least 48 hours before the strike commences. In addition a notification of intent to strike is permissible only after negotiations between trade unions and employers have broken down. Workers are not entitled to receive pay while striking. Wages, however, may be paid retroactively. Health-care workers are required to provide a minimum level of service during strikes. In the public transportation (buses, metro) and rail sectors, the law requires the continuity of public services at minimum levels during strikes. This minimum service level is defined through collective bargaining between the employer and labor unions for each transportation system. For road transportation strikes, the law on minimum service provides for wages to be calculated proportionally to time worked while striking. Transportation users must also receive clear and reliable information on the services that would be available in the event of a disruption. Authorities effectively enforced laws and regulations, including those prohibiting retaliation against strikers.

Workers freely exercised their rights to form and join unions and choose their employee representatives, conduct union activities, and bargain collectively. Most workers’ organizations stressed their independence vis-a-vis political parties. Some union leaders, however, did not conceal their political affiliations. Union representatives noted that antiunion discrimination occasionally occurred, particularly in small companies.

Iceland

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes, and the government generally respected these rights. The law prohibits antiunion discrimination. It is silent on whether workers fired for union activity should be reinstated, but it provides for fining employers who engage in this practice. The law permits the government to pass a provisional law to impose mandatory mediation when strikes threaten key sectors in the economy.

Several collective bargaining agreements expired at the end of 2018 and were renegotiated between January and April by employers and unions, with the government providing facilitation as necessary. The right to collective bargaining and strikes was generally respected, and there were no reports of undue pressure exerted over the involved staff.

The government effectively enforced the law. Penalties for violations (damages and fines) were sufficient to deter violations.

The government and employers respected freedom of association and the right to bargain collectively. Collective bargaining agreements covered nearly 100 percent of the formal economy’s workforce. Independent contractors in various industries, but mainly in construction and tourism, sometimes hired subcontractors to avoid hiring workers with bargaining rights.

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The Lessons of 1989: Freedom and Our Future