Employer of Record Guide in 

Eswatini

Vacation Leave

Writer's Note: Confirm annual leave entitlements under the Employment Act.

• Minimum entitlement: To be verified days per year after 12 months of service
• Accrual: Pro-rated based on service period
• Payout: Must be paid upon termination if unused

Sick Leave

Writer's Note: Verify sick leave provisions and medical certificate requirements.

• Paid sick leave: To be verified days per year
• Medical certificate: Required for absences exceeding specified periods
• Chronic illness: Special provisions may apply

Maternity Leave

Writer's Note: Confirm maternity leave duration and payment arrangements.

• Duration: To be verified weeks
• Payment: Combination of employer and social security contributions
• Job protection: Position must be held during leave period

Parental Leave

Writer's Note: Verify if parental leave provisions exist beyond maternity leave.

Parental leave provisions for fathers or adoptive parents require verification under current legislation.

Bereavement Leave

Writer's Note: Confirm bereavement leave entitlements.

• Duration: To be verified days for immediate family members
• Payment: Typically paid leave
• Documentation: Death certificate may be required

Personal & Family Leave

Writer's Note: Verify family responsibility leave provisions.

Additional leave types may include:

• Emergency family leave
• Study leave
• Compassionate leave

Summary

Termination Types

Writer's Note: Verify termination procedures under the Employment Act and Industrial Relations Act.

Termination with Cause:

• Serious misconduct, theft, insubordination
• No notice or severance required
• Proper disciplinary procedures must be followed

Termination without Cause:

• Redundancy, operational requirements
• Notice or payment in lieu required
• Severance may be applicable

Notice Period Requirements

Writer's Note: Confirm notice periods based on length of service.

Severance Pay

Writer's Note: Verify severance calculation methods.

Severance pay calculations are based on length of service and final salary, with specific formulas outlined in employment legislation.

Probationary Periods

Writer's Note: Confirm probationary period regulations.

• Maximum duration: To be verified months
• Notice requirements: Reduced notice periods during probation
• Performance evaluation: Regular assessment recommended

Final Pay Requirements

Writer's Note: Verify final payment timelines.

Final payments including salary, accrued leave, and other entitlements must be paid within specified timeframes following termination.

Anti-Discrimination & Retaliation Laws

Writer's Note: Confirm anti-discrimination protections.

Employees are protected from termination based on:

• Gender, race, religion
• Trade union membership
• Filing complaints or grievances

National Holidays

Writer's Note: Verify 2025 public holiday calendar with government sources.

Holiday Pay Rules

Writer's Note: Confirm holiday pay calculations.

• Employees working on public holidays receive premium pay
• Alternative day off may be provided by agreement
• Eligibility based on continuous service requirements

Required Documents for Employment

Writer's Note: Verify documentation requirements with Ministry of Labour.

• Employment contract in English or SiSwati
• National identity document or passport
• Tax clearance certificate
• Educational certificates (if required)
• Medical certificate (for certain positions)

Language Requirements

Writer's Note: Confirm official language requirements.

• Official languages: English and SiSwati
• Business language: Primarily English
• Contract language: English is standard for international employers

Background Checks & References

Writer's Note: Verify background check regulations.

Background checks are permitted with employee consent and must be relevant to the position. Types may include:

• Criminal record checks
• Employment verification
• Educational verification

Data Protection & Privacy

Writer's Note: Confirm current data protection requirements under the Data Protection Act 2022.

Employers must comply with Eswatini's Data Protection Act, including:

• Employee consent for data collection
• Secure data storage and processing
• Cross-border data transfer restrictions

IP Assignment & Confidentiality

Writer's Note: Verify intellectual property assignment requirements.

Employment contracts should include clear provisions for:

• Intellectual property ownership
• Confidentiality obligations
• Non-disclosure agreements

Onboarding Timeline

Writer's Note: Confirm typical onboarding timeframes.

Worker Classification

Writer's Note: Verify employee vs. contractor classification criteria.

Proper classification is essential to avoid legal issues:

• Employees: Subject to labour law protections and benefits
• Independent contractors: Operate independently with different tax and legal obligations

Unionisation & Collective Agreements

Writer's Note: Confirm trade union rights and collective bargaining procedures.

Eswatini recognises trade union rights and collective bargaining. Some sectors may have established collective agreements that override standard employment terms.

Cultural Norms & DEI Expectations

Writer's Note: Verify cultural workplace expectations and diversity requirements.

Workplace culture in Eswatini emphasises:

• Respect for hierarchy and traditional values
• Multilingual communication capabilities
• Cultural sensitivity and inclusion

Remote Work Considerations

Writer's Note: Confirm remote work regulations and requirements.

Remote work arrangements should address:

• Equipment and workspace requirements
• Communication and performance expectations
• Cross-border employment considerations for international companies

What We Handle

Borderless AI manages all aspects of compliant employment in Eswatini:

• Local employment contracts and compliance
• Payroll processing and tax withholdings
• Statutory contributions and filings
• Leave management and documentation
• Termination procedures and final payments

Note: All information requires verification with current Eswatini employment legislation and should be confirmed with local legal counsel before implementation.