The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers

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dc.contributor.advisorRycroft, Alanen_ZA
dc.contributor.advisorEvance, Kalula Alanen_ZA
dc.contributor.advisorDeakin, Simonen_ZA
dc.contributor.authorLe Roux, Rochelleen_ZA
dc.date.accessioned2014-07-30T18:15:00Z
dc.date.available2014-07-30T18:15:00Z
dc.date.issued2008en_ZA
dc.descriptionIncludes abstract.
dc.descriptionIncludes bibliographical references (leaves 258-302).
dc.description.abstractThe focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that are consistent with the South African Constitution. Using a comparative approach it is shown that the contract of employment in South Africa is in a relative state of unification. However, some assumptions about its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is performed in diverse ways. After illustrating that labour law has both countervailing and social developmental roles, it is concluded that the contract of employment as traditionally understood is no longer capable of performing these roles. It is further claimed that a process of diversification (as opposed to the unification of the contract of employment) will help to redefine the contract of employment and this may extend the coverage of labour legislation to those who, bearing in mind the purpose of labour law, ought to be protected by labour laws. Finally, it is argued that the South African Constitution provides a ready paradigm within which to achieve such a process of diversification which would ultimately lead to an extension of the coverage of labour laws.en_ZA
dc.identifier.apacitationLe Roux, R. (2008). <i>The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4651en_ZA
dc.identifier.chicagocitationLe Roux, Rochelle. <i>"The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2008. http://hdl.handle.net/11427/4651en_ZA
dc.identifier.citationLe Roux, R. 2008. The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Le Roux, Rochelle AB - The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that are consistent with the South African Constitution. Using a comparative approach it is shown that the contract of employment in South Africa is in a relative state of unification. However, some assumptions about its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is performed in diverse ways. After illustrating that labour law has both countervailing and social developmental roles, it is concluded that the contract of employment as traditionally understood is no longer capable of performing these roles. It is further claimed that a process of diversification (as opposed to the unification of the contract of employment) will help to redefine the contract of employment and this may extend the coverage of labour legislation to those who, bearing in mind the purpose of labour law, ought to be protected by labour laws. Finally, it is argued that the South African Constitution provides a ready paradigm within which to achieve such a process of diversification which would ultimately lead to an extension of the coverage of labour laws. DA - 2008 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2008 T1 - The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers TI - The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers UR - http://hdl.handle.net/11427/4651 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4651
dc.identifier.vancouvercitationLe Roux R. The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2008 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4651en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.titleThe regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workersen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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