The legal framework for the protection of employees of labour brokers in South Africa

 

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dc.contributor.advisor Kalula, Evance en_ZA
dc.contributor.advisor Ordor, Ada en_ZA
dc.contributor.author Brand, Hendrik Edwin en_ZA
dc.date.accessioned 2015-02-06T11:27:06Z
dc.date.available 2015-02-06T11:27:06Z
dc.date.issued 2010 en_ZA
dc.identifier.citation Brand, H. 2010. The legal framework for the protection of employees of labour brokers in South Africa. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/12393
dc.description Includes bibliographical references. en_ZA
dc.description.abstract Current South African legislation allows the use of temporary employment services ("labour brokers" in common parlance). Labour broking involves a triangular employment relationship between client, labour broker and worker. In terms of this arrangement the labour broker would employ a worker and supply him/her to a client, who then supervises and controls the worker. Even though the client supervises and controls the worker, the labour broker would remain the employer and be responsible for paying the worker. In South Africa, the use of labour brokers has increased exponentially, because it provides employers with an opportunity to circumvent the onerous provisions of constitutional, international and statutory law that seek to protect workers. In 2010, the Parliamentary Portfolio Committee on Labour identified a number of bad and abusive practices being perpetrated against labour broker employees and recommended that the Department of Labour review all labour legislation. In July 2009 the Department of Labour had in fact already submitted its recommendations for statutory amendments to the NEDLAC for discussion. Although it can be ascertained with relative certainty that South Africa's labour legislation will be amended, it is still not clear what form the amendments will take on. Whilst the ANC prefers a regulatory solution, COSATU maintains its call for a complete ban of labour broking. The thesis firstly determines why the bad and abusive practices are occurring and identifies a number of areas of insufficient or ineffective regulation (referred to as "loopholes" in common parlance) that allow the abuse of labour broker employees. Secondly, the thesis examines the debate around either prohibition or regulation being the most suitable option for curbing the bad and abusive practices. Thirdly, the thesis explores the DOL's recommendations and foreign examples of regulation. Finally, the thesis critiques the DOL's recommendations and suggests ways in which they could be amended or supplemented to effectively close the loopholes in current regulation and provide practical legal solutions for the protection of labour broker employees in South Africa, whilst maintaining a balance between labour broker employees' need for protection and employers' need for labour market flexibility. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Commercial Law en_ZA
dc.title The legal framework for the protection of employees of labour brokers in South Africa en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Brand, H. E. (2010). <i>The legal framework for the protection of employees of labour brokers in South Africa</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/12393 en_ZA
dc.identifier.chicagocitation Brand, Hendrik Edwin. <i>"The legal framework for the protection of employees of labour brokers in South Africa."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2010. http://hdl.handle.net/11427/12393 en_ZA
dc.identifier.vancouvercitation Brand HE. The legal framework for the protection of employees of labour brokers in South Africa. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2010 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12393 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Brand, Hendrik Edwin AB - Current South African legislation allows the use of temporary employment services ("labour brokers" in common parlance). Labour broking involves a triangular employment relationship between client, labour broker and worker. In terms of this arrangement the labour broker would employ a worker and supply him/her to a client, who then supervises and controls the worker. Even though the client supervises and controls the worker, the labour broker would remain the employer and be responsible for paying the worker. In South Africa, the use of labour brokers has increased exponentially, because it provides employers with an opportunity to circumvent the onerous provisions of constitutional, international and statutory law that seek to protect workers. In 2010, the Parliamentary Portfolio Committee on Labour identified a number of bad and abusive practices being perpetrated against labour broker employees and recommended that the Department of Labour review all labour legislation. In July 2009 the Department of Labour had in fact already submitted its recommendations for statutory amendments to the NEDLAC for discussion. Although it can be ascertained with relative certainty that South Africa's labour legislation will be amended, it is still not clear what form the amendments will take on. Whilst the ANC prefers a regulatory solution, COSATU maintains its call for a complete ban of labour broking. The thesis firstly determines why the bad and abusive practices are occurring and identifies a number of areas of insufficient or ineffective regulation (referred to as "loopholes" in common parlance) that allow the abuse of labour broker employees. Secondly, the thesis examines the debate around either prohibition or regulation being the most suitable option for curbing the bad and abusive practices. Thirdly, the thesis explores the DOL's recommendations and foreign examples of regulation. Finally, the thesis critiques the DOL's recommendations and suggests ways in which they could be amended or supplemented to effectively close the loopholes in current regulation and provide practical legal solutions for the protection of labour broker employees in South Africa, whilst maintaining a balance between labour broker employees' need for protection and employers' need for labour market flexibility. DA - 2010 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2010 T1 - The legal framework for the protection of employees of labour brokers in South Africa TI - The legal framework for the protection of employees of labour brokers in South Africa UR - http://hdl.handle.net/11427/12393 ER - en_ZA


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