The regulation of terms and conditions of employment for workers in the South African hospitality industry

Abstract

The plight of workers in the hospitality industry or sector is characterised by the employment of unskilled mainly female non-standard employees. Generally these employees do not enjoy decent working conditions. This is despite progressive labour legislation. The minimum protection they do enjoy is discussed, and the reasons’ that these workers are limited only to bare minimum standards is also briefly explored. The purpose of this article is to demonstrate why many workers and employees in the hospitality industry are excluded from the legislative protection regarding individual rights as well as from the benefits derived from union representation. Secondly, the provisions of the 2015 amendments to the Labour Relations Act 66 of 1995 (LRA) that were enacted to address and remedy these anomalies are investigated. Given the fact that a majority of workers and especially vulnerable workers in the hospitality industry are women, the 2014 amendments to the Employment Equity Act which was enacted to promote affirmative action and prevent discrimination, are discussed.