Safeguarding the illegal rethinking the interface between labour and immigration laws

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2012

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University of Cape Town

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The rendering of work by foreigners without the authorization to work is a contentious issue in South Africa. South Africa possesses one of the most progressive Constitutions, yet many are left at the fringes of the economy with little protection. Despite constitutional entrenchment of fundamental labour rights, many well-deserving workers are disentitled from important labour protections because their employment contract violates immigration laws. Unauthorized workers are formally excluded from access to certain legal institutions and economic benefits as most of the protective labour laws are centred on an existing employer-employee relationship.
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