The labour law protection of non-standard workers in South Africa

Abstract

This study concentrates on non-standard work and it takes into consideration current law associated to non-standard workers. Defining a worker constitutes a way of benefiting from legal security and entitlements imparted by employment law. Defining workers is crucial in order to clarify the bewilderment that generally happens because of the misunderstanding of the description of the worker. The study will analyse different laws to ensure protection, promotion of non-standard workers as well as accomplishment of employment entitlements in the Constitution. The interpretation and application of legislations must be consistent with the Constitution. The labour laws should guarantee equal security to workers in the various types of informal and it should ascertain that enterprises do not alter the contractual agreements to divest nonstandard workers from the labour law security. The amendments to the LRA could be a first step to the incorporation of the atypical employees into the structure. Nevertheless, the amendments cannot happen with no effective structure of workers using an inclusive strategy, which will address workers’ needs. The Labour legislations are passed to give element to the Constitution. They guarantee impartial employment customs, freedom to associate and become a member of a trade union; to partake in unions’ meetings and events; and the entitlement to strike. The focus on fair labour practices should be to show how to organize and to represent atypical employees, since without an organization that represent non-standard workers, and forums where theycan be heard, there is no way any attempt to regulate non-standard employment can be effective.