BUSINESS ESWATINI’S GUIDELINES FOR EMPLOYERS

MBABANE – Business Eswatini has compiled a comprehensive toolkit which collates a set of response mechanisms in correspondence with the local labour legislation guidelines.

This has been done through the efforts of its partners, International Labour Organisation and other employer federations. This is in response to the coronavirus pandemic that is causing havoc across the globe. They answer questions on how employers should respond to issues surrounding COVID-19. The guidelines address issues like what should employers do if a worker has been in close contact with someone who has or may have COVID-19 as well as matters relating to employees working from home.

“We are hopeful that this will give guidance to the number of enquiries that members have been sending to us ever since this virus reared its ugly head onto the business horizon,” reads the statement in part.

Business Eswatini stressed that it remained indebted to its members’ loyalty to the whole private sector movement.
“Business Eswatini has been able to secure masks for all members free of charge. You are requested to come and collect than from our offices as early as 8am on Wednesday (22/04/2020) onwards throughout the week. Preference shall be given to members in good standing for the current financial year and that quantities will be informed by the level which each member holds.

 
“We are always on standby to assist you further,” assured the voice of business in Eswatini.
Some of the guidelines are listed below. The full guidelines are available on liaising with Business Eswatini.
Is COVID-19 covered under workers compensation?

In Eswatini we refer to the Workmen’s Compensation Act 1983. It does not cover illnesses / disease for lack of a better word which as caused by natural disaster / pandemic. Workers should be covered in other legislation such as the Occupational Safety and Health Act 2001 where safety measures have to be in place, including PPE.Workmen’s Compensation typically covers any injuries that occur in a work-related incident. This includes injuries that happen outside of the workplace, as long as the employee was engaged in a work-related activity.

What should employers do if a worker is feeling unwell and suffering flu-like symptoms?
Section 129 of the Employment Act, 180 provides as follows:
129(1) 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.

(2) 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. The Covid-19 Guidelines are also applicable here.

(b) What should employers do if a worker has recently returned from overseas?
It is recommended for employers to implement the precautionary 14 days self-quarantine even if it is not mandatory required. This means that all workers - whether they are citizens, residents, or visitors - should be required to self-quarantine for 14 days upon returning from oversea due to the possible or actual exposure to the COVID-19 virus.

What should employers do if a worker is required to be quarantined upon returning from overseas?
The Employment Act, 1980 provides as follows in Section 130. (1) Payment in respect of sick leave shall 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 shall be entitled to paid sick leave unless this section has been complied with.

(2) Nothing in subsection (1) shall be deemed to prevent an employer granting paid sick leave in excess of that provided for in section 129, 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.

The different sector Wages Regulations should provide further guidance herein.
What should employers do if a worker has been in close contact with someone who has or may have COVID-19?
Guidance has been given herein by the Guidelines of Covid-19 including using paid, unpaid leave and shift work and working from home.
There cannot be a one-size-fits all approach to this scenario and the employer is encouraged to use their discretion following the circumstances of each case and the provided guidelines.
What if a worker has a high likelihood of having contracted COVID-19, but still wishes to attend work?
Section 9 of the Occupational Health and Safety Act, 2001 places an obligation on the employer to ensure a safe working environment, thus it is the employers’ prerogative not to permit a worker/ facilitate the removal of a worker suspected to have contracted Covid-19from the workplace to protect that particular worker and others in the workplace.

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