Towards the creation a fair ride-hailing industry: Should South African labour law regulate the Uber relationship?
Master Thesis
2018
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University of Cape Town
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“Before the Internet, it would be really difficult to find someone, sit them down for ten minutes and get them to work for you, and then fire them after those ten minutes. But with technology, you can actually find them, pay them the tiny amount of money, and then get rid of them when you don’t need them anymore.”1 (Quoted by Marvit, 2014) In the present world of work, technology is a preferred and integral platform for many persons. The rise of the so called ‘gig economy’, has created a precarious livelihood for those dependent on work performed on various internet-based platforms. Recently the ‘Uber work on demand’ application was introduced into the South African market. With any new invention, there comes with it many advantages as well as disadvantages. The introduction of the gig economy in South Africa has resulted in a great deal of job creation. However the Uber app has been introduced in such a manner that it conveniently bypasses labour law by appointing drivers as ‘independent contractors’. This dissertation aims to discuss the manner in which Uber drivers conduct work and, furthermore, argues that if such work results in an employment relationship, the drivers should fall under the protection of South Africa’s labour law. This dissertation will discuss the relationships that exists in the Uber context. It will, moreover discuss the potential individual and collective employment rights that could be afforded to Uber driver should they be regulated. The introduction of Uber in South Africa is relatively new and legal proceedings are only recently making their way to court. This dissertation will therefore draw on international law and the law of the United Kingdom to inform the position to be taken to the Uber arrangement in South Africa
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Chayya, S. 2018. Towards the creation a fair ride-hailing industry: Should South African labour law regulate the Uber relationship?. University of Cape Town.