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Swaziland

Updated on:
16 Jan, 2024
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Table of Content

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Employer of Record in Swaziland

Skuad's Swaziland Employer of record (EOR) is an entity that helps a company set up a subsidiary and payrolls as per the labor law in the country. The EOR experts have HR solutions that speed up the process of hiring and onboarding employees in Swaziland. Skuad's EOR acts as an employee for your company and assists in knowing the country's laws thoroughly to be able to carry out the tasks smoothly. Check our service at Skuad.

Swaziland at a Glance

 Population: 11.5 Lakhs (2019)

Currency: Swazi Lilangeni

Capital City: Mbabane (Executive), Lobamba (Legislative)

Languages Spoken: English, Swazi

GDP: 1.42% (2021)

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Employment in Swaziland

A company trying to expand in Swaziland should be familiar with the country's employment contract and labor laws. The laws of employment and regulations related to hiring a local citizen or foreign national to the company. A company needs to decide whether their own separate staff will manage the hiring process or if they want to outsource the employees from a local entity. Check our EOR service at Skuad Swaziland.

Entitlements and Explanation

Statutory Working Hours

5.5 days per week

Overtime Eligibility

  • The employees in Swaziland are allowed to work overtime.
  • The payment for working overtime is a minimum of one and a half times the basic salary.

Paid Public Holidays

Employees in Swaziland are eligible for 11 paid public holidays:

  • New Year’s Day
  • Good Friday
  • Easter Monday
  • King’s Birthday Holiday
  • National Flag Day
  • Workers’ Day
  • Ascension Day
  • King Father’s Birthday
  • Somholo Day
  • Christmas Day
  • Boxing Day

Holiday Pay

  • Swaziland holiday pay includes sick leave, annual leave, maternity leave, etc.
  • An employee in Swaziland gets paid leave for every public holiday.

Medical Leave

  • An employee in Swaziland who has completed three months of service to the company can avail of sick leaves of 14 days that are 100% paid.
  • Based on salary, an employee can avail of 14 days of sick leave that is paid 50% of the basic wage.

Maternity Leave

  • A female employee in Swaziland is eligible for paid maternity leave of 12 weeks. Six weeks out of twelve can be taken before the birth of the child. If the female employee has worked for more than a year, the two weeks of the leave are paid.
  • There are no paternal leaves for male employees.

Annual Leave Accrual Entitlement

The employees in Swaziland are eligible for paid annual leaves of 11 days. An employee is also entitled to an unpaid compassionate leave of one month.

Employee Protection and Anti-Discrimination Rights

While hiring Employees in Swaziland, they should not be discriminated against over caste, color, religion, gender, national origin, etc.

Contractors vs. Full-Time Employees

A company in Swaziland needs to consider and follow the labor laws of the country. A company also needs to decide whether they have full-time employees or contractors to handle their projects. Hiring an employee as a full-time employee has a fixed income and dedicated work hours towards the project. The company provides various benefits to the employees. A contractor, on the other hand, has flexibility in the schedule and the work hours. They get wages based on the mutual agreement between the contractor and the employer. Check our PEO service at Skuad Swaziland.

They do not benefit from the company they are hired for and need to pay their taxes. A contractor keeps low expenses on their clients and many times have to use their own resources.

Hiring in Swaziland

Hiring an employee for your company in Swaziland can be done through many platforms. A better option to hire employees is through an employment contract. The contract must be written in the local language and can be a fixed-term or an indefinite contract. The contract should include information about the wage, leaves, termination, Etc. Swaziland does not have fixed rules for onboarding employees, so the companies are free to do so how they wish to.

While hiring a foreign national, the company needs to ensure the employee has a valid visa and permit to work in the country.

Probation & Termination

Probation Period

 In Swaziland, an employee is entitled to a probation period of three months. If the work involves confidential or technical work, the probation period can be increased.

Notice for Termination of Employment

Duration of the Employment Notice Period
One month after the probation period 1 week
3-12 months 2 days for each completed month
More than 12 months 1 month + 4 days for each completed year

EOR Solution in Swaziland

Swaziland EOR (Employer of Records) solutions can help a business hire, onboard, and manage the employees, payrolls, taxes, etc., without establishing an entity or a subsidiary in Swaziland. The EOR services provide an HR solution that helps in hiring and onboarding the employees according to the labor laws of Swaziland. This process, when done through EOR, can be completed within days. Skuad's Swaziland EOR solutions can be a local entity for your company in the country to ease the burden so your team can focus on other important business goals. Check our EOR service at Skuad Swaziland

Outsourcing Employment Through an Employer of Record 

Many businesses use outsourcing services like EOR, PEO to hire employees in a new country. It is also dependent on the company's decision, whether they want to create their own team for hiring or hire a local entity familiar with the law of the country and help in speeding up the hiring process. Skuad's EOR solution provides such services that take care of hiring, payroll, compliance, etc.

Types of Visas in Swaziland

There are many types of Swaziland visas available based on the purpose of your trip. A foreigner who wishes to study, work or live in Swaziland needs to apply for a temporary residence permit. Following are the type of visas in Swaziland:

Swazi Tourist Visa

A tourist visa is issued to those foreigners who want to visit Swaziland for a short period of thirty days in 3 months.

Swazi Visitor Visa

A non-Swazi citizen who does not live in Swaziland and wants to visit their children, parents, spouse, or friends is eligible for a visitor visa.

Swazi Business Visa

An applicant having business-related activities like conducting the meeting, attending conferences, training, installing equipment, performing services for a client, etc., are eligible for a business visa.

Swazi Transit Visa

A transit visa applies to those who want to transit through a port or airport in Swaziland.

Swazi Entry Visa types

Single Entry visa for Swaziland

A holder of a single entry visa is allowed to enter Swaziland only once for a given period of time mentioned in the visa. The visa holder's passport has a visa sticker on it. Even if the visa holder has not spent the number of days permitted by the embassy, once the visa holder leaves the territory or visa region associated with Swaziland, they cannot return.

Double-entry visa for Swaziland

A double-entry visa holder is allowed to return to Swaziland one more time. The rest of the rules remain as that of a single entry visa.

Multiple Entry visa for Swaziland

The visa holder for the multiple entry permit is allowed to enter Swaziland multiple times with a validity period.

Other Swazi Visa types

  • Student Visa
  • Journalist Visa
  • Retirement Visa
  • Permanent Resident Visa
  • Work Visa 
  • Official Visit Visa
  • Cultural, Sports & Film Crew Visa
  • Merchant Seaman Visa

Work Permits

Swaziland does not have a specific type of work permit. If a foreign national wants to work in Swaziland, they need to apply for a temporary residence permit. A work permit is a type of residence permit in Swaziland.

Can Skuad Sponsor Work Permit in Singapore?
Yes

Processing Time
15 working days

Work Permit Process 
A foreign national who wishes to work or reside in the country is issued a residence visa from the immigration department.

  • Step 1:  Apply for a work permit application at the nearest Swaziland embassy in your own country.
  • Step 2:  After submitting the application to the embassy, wait for their approval from the Immigration department of Swaziland.
  • Step 3: Once the applicant's officials issue the work permit, the applicant can travel to the country.
  • Step 4:  Once arrived in The Gambia, the foreign national needs to visit the local police station and get a new ID card to work and live in the country.

Work Permit Validity
2 years

When Can an Employee Travel to Swaziland?
After issuance of a work visa permit from the Immigration department, the employee can travel to Swaziland.

Switch Resident Visa to Work Permit?  
No

Work Permit Process for Different Countries
For other countries, the process to obtain a work permit visa is almost the same.

Change of Sponsor Within Swaziland
Work permits in Swaziland cannot be transferred.

Where is the Application Processed?
The application is processed in the home country of the employee.

Work Permit Restrictions
If the employee gets promoted in your company or wishes to transfer to another company, the work permit will no longer be valid. The employee needs to apply for a new work permit.

Payroll & Taxes in Swaziland

Payroll in Swaziland

A company trying to expand in Swaziland needs to decide how they want to set up their payroll. If a company wants to set up the payroll on their own, they need to incorporate the company first, depending upon the entity structure and the place they want to incorporate the office. However, the process of incorporating is a bit lengthy and may take months to complete. Another way a company can incorporate and reduce the processing time is through outsourcing payroll. With outsourcing payroll, the process takes much less time, and the stress of compliance is also less.

  • Internal: To pay the employees directly, the subsidiaries can do so through an internal payroll. Bigger companies can afford to hire additional HR staff compared to small or medium companies.
  • Remote: The employees of the subsidiary can be added to the payroll of the parent company. The regulations for the employees in the subsidiary in Swaziland will differ from that of the parent company employees.
  • Swaziland payroll processing company: If a subsidiary wants to handle its own payroll, a local payroll processing company in Swaziland can do that.

Taxes in Swaziland

Income Tax
30%

Tax Returns
Yes

Financial Year End Date
31 December

Tax Documents
No documents applicable

Corporate Tax
37.5%

Withholding Tax (for Non-Residents)
No withholding tax applicable

Payroll Tax
No payroll tax applicable

Sales Tax
15%

Employers Social Security and Statutory Contributions
No Social security tax applicable

Public Pension
Public Service Pension Fund (PSPF) is available for citizens of Swaziland.

Medical Insurance
Swaziland provides both public and private healthcare to its citizens.

Incorporation: How to Set Up a Subsidiary In Swaziland

To set up a subsidiary in Swaziland, first, you need to look for good and efficient office space and location. Certain cities and regions of Swaziland have different subsidiary laws. These laws can either make it easy or difficult to incorporate a subsidiary in that particular location. Swaziland has different types of subsidiary structures like a branch, organization, public limited company, limited liability company (LLC). The most preferred structure is the LLC which allows a company to do more work with fewer restrictions. To set up a subsidiary as an LLC in Swaziland, follow the given steps:

  1. Register, verify and notarize your company name.
  2. Register your company in the city with the largest business economy.
  3. Create a seal for the company.
  4. Documents required for company registration and operation need to be retrieved.
  5. Open an in-country bank account to pay the employees

Professional Employee Organization (PEO)

A Professional Employee Organization in Swaziland works as an employee for your company, fulfills all the in-country requirements according to the labor laws and regulations, and hires the employees in a matter of days. A PEO individual who works as an employee for your company handles HR services, compliance management, tax, Etc that reduces the burden on the company and lets them focus on business goals. A PEO expert also helps set up a payroll, manage employee contracts and expenses, market norm benefits, etc.

Conclusion

The above information about Swaziland EOR contains all the information a foreign national might require to know about the country. Skuads Swaziland EOR solution acts as an employee of the company and helps set up a payroll and assist in other processes of handling the employees.

Contact us to know more.

FAQs

1) What is an Employer of Record in Swaziland?

An Employer of Record (EOR) in Swaziland employs workers on behalf of companies without a local entity. The EOR handles payroll, compliance, tax obligations, and adherence to local labor laws.

2) What is an Employer of Record?

An Employer of Record (EOR) is a third-party entity that legally hires employees on behalf of a company, managing all employment matters including payroll, taxes, and benefits in compliance with local labor laws.

3) How to calculate severance pay in Swaziland?

Generally, it is a 10-day salary for every year worked, but this can vary based on specific employment contracts or local regulations. Severance pay in Swaziland is typically calculated based on years of service and employee salary.

4) What is the difference between an Employer of Record and a Professional Employer Organization?

An EOR is the legal employer of the workers, handling all employment responsibilities, while a PEO (Professional Employer Organization) shares HR and administrative tasks with the client company but does not assume full legal responsibility for the employees.

5) What is the Employment Act of Swaziland?

The Employment Act of Swaziland (Eswatini) consolidates labor laws governing employment relationships, worker protections, minimum wage, working hours, and conditions of service. It introduces provisions aimed at improving the status of employees in the country.

6) What is the difference between Employer of Record and Payroll?

An Employer of Record (EOR) manages the entire employment process, including payroll, compliance, and taxes, while a payroll service only focuses on processing employee wages and handling tax deductions.

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Employ contractors and employees in 160+ countries