Protection of vulnerable employees in South African labour legislation

Abstract

The dissertation delves into vulnerability in employment and the protection afforded to vulnerable employees by labour laws. It analyses selected examples of vulnerable employees and indicators of vulnerability. From this analysis, a theory based on the potential or actual existence of precariousness in employment relationships is suggested as a fundamental ground to identify vulnerable employees. It is submitted that the common law protection of vulnerable employees is not the best. The best protection is afforded to vulnerable employees by applying the Constitution of the Republic of South Africa No.1 08 of 1996 and labour statutes that give effect to It, coupled with lessons from International and foreign law. In the current constitutional dispensation. lack of the common law requirements for valid employment contracts will not always bar a vulnerable employee from getting relief in a court of law. Lastly, the dissertation gives conclusions and recommendations is protect vulnerable employees more effectively.