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Dissertations / Theses on the topic 'Labour Law'
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Huang, Chu Cheng. "Airline labour law, a study of certain labour law rules in international air transport." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ44458.pdf.
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Huang, Chu Cheng 1964. "Airline labour law : a study of certain labour law rules in international air transport." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34739.
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This thesis examines problems related to particular labor laws currently applied in international air transport. This analysis is framed within the context of scholarly theory and judicial practice arising from various regimes of labor law governing industrial injury, the individual contract of employment, labor-management relations, and fair treatment in the civil aviation industry.A critical survey of labor regulations operating in the international air transport industry is provided through commentary on the principles formulated by judicial decisions and the theories which underlie their reasoning, helping to clarify both substantive and procedural labor laws affecting international air transport.
A critical analysis of different categories of statutory labor law governing international air transport is also provided to assess the validity of commonly-erected conflict of labor law rules, thereby revealing the inadequacy of the single rule principle in view of the unique and perplexing regulatory interests which are inherent in aviation activity. The divergence between domestic labor statutes and Treaties of Friendship, Commerce and Navigation or bilateral air transport agreements also adds a more subtle aspect to the problems explored.
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Sundra, Karean Vanitha Karean. "Individual empowerment in labour law /." [St. Lucia, Qld.], 2004. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18313.pdf.
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Van, Loggerenberg Johannes Jurgens. "Constructive dismissal in labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.
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The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dismissals were given statutory force in unfair dismissal law and is defined as the coerced or forced termination of a contract of employment resultant in from the conduct of the employer. There are many forms in which constructive dismissals would postulate that could justify an employee to lay claim to constructive dismissal. Examples thereof are the amendment of the contract of employment, rude language and sexual harassment. It is eminent that certain elements should be present before an employee would have reasonable prospects of succeeding with such a claim. Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. It appears that the courts have taken a firm stance on coerced or forced resignation, in its various forms tantamount to breach of contact, that any sufficiently unreasonable conduct by an employer may justify that the employee to terminate services and lay claim to the fact that he had been constructively dismissed. It needs to be mentioned that the fact that the mere fact that the employer acted in an unreasonable manner would not suffice and it is up to the employee to prove how the conduct of the employer justified the employee to leave and claim that the employer’s conduct resulted in a material or fundamental beach of the employment contract. In dealing with the contingency of the concept of constructive dismissals it has been expressly provided for in numerous systems of labour law. As is seen herein, a constructive dismissal consists in the termination of the employment contract by reason of the employee’s rather than the employer’s own immediate act. The act of the employee is precipitated by earlier conduct on the part of the employer, which conduct may or may not be justified. Various authors and academics endeavoured to defined constructive dismissal and all had the same or at least some of the elements present, to justify constructive dismissal. The most glaring element being the termination of employment as a result of the any conduct that is tantamount to a breach going to the root of the relationship by the employer, that frustrated the relationship between the employer and the employee and rendered it irreparable. The employee resigns or repudiates the employment contract as a result of the employer normally not leaving the employee any other option but to resign. This can also be termed as coerced or forced resignations and are commonly better known as “constructive dismissal”. The employee is deemed to have been dismissed, even though it is the employee who terminated the employment contract. The most important element to mention is the employee terminated the employment contract, ie resigned yet this is regarded as a dismissal, it is however for the employee to first lay a claim at the proper authority and the employee must prove his / her allegation before it can be a constructive dismissal. As will become clear, that the onus of proof is on the employee to show that the termination of employment resulted from the conduct of the employer. Equally true as in all cases of constructive dismissal, including cases of sexual harassment, being a ground for constructive dismissal, the employee must prove that to remain in service would have been unbearable and intolerable. Sexual harassment is one of the most difficult forms of constructive dismissals, in many cases there are no witnesses and the employee either “suffers in silence or opt to place her dignity at stake to prove her case. It seems as though the test is to determine if the employer’s conduct evinced a deliberate and oppressive intention to have the employment terminated and left the employee with only one option that of resignation to protect her interests. Employees have a right to seek statutory relief and needs to be protected. If a coerced or forced resignation had taken place irrespective whether the employee resigned or not. It is against this back drop that constructive dismissals was given legality and are now recognized as one of the four forms of dismissals in terms of the Act.
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Singh, Surendra Kumar. "Bonded labour and the law /." New Delhi : Deep & Deep, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/278125786.pdf.
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Quiñones, Sergio. "The future of Labour Law." IUS ET VERITAS, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123534.
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The premise of this paper is that the future of work will define the future of Labour Law, since work is indeed the main object of regulation of such legal discipline. From this perspective, we analyze the mega trends identified by the International Labour Organization that will continue to impact the world of work: globalization, the increase in the dependency rate, technological innovation and, above all, climate change. Likewise, the article addresses the main labor problems still facing Latin American countries, as well as the challenges that are presented in the near future to Peru in order to close the gap between the amount of employment generated in the country and the quality of said employment.La premisa del presente artículo es que el futuro del trabajo definirá el futuro del Derecho del Trabajo, en tanto este tiene por objeto esencial la regulación de aquél. Desde esa perspectiva, se analizan las mega tendencias identificadas por la Organización Internacional del Trabajo que seguirán impactando el mundo del trabajo: la globalización, el incremento de la tasa de dependencia, la innovación tecnológica y, sobre todo, el cambio climático. Asimismo, el artículo aborda los principales problemas laborales que aún afrontan los países latinoamericanos, así como los retos que se le presentan en el futuro próximo al Perú a fin de cerrar la brecha entre la cantidad de empleo que se genera en el país y la calidad de dicho empleo.
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Üelgen, Ozlem. "The labour exploitation of indigenous peoples : the interface between labour law and human rights law." Thesis, University of Nottingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.299579.
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Tshikovhi, Rotondwa Happy. "The law relating to double jeopardy in labour law." Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1236.
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Thesis (LLM. (Labour Law)) --University of Limpopo, 2014This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the employer fails to prove that the reason for the dismissal is fair and was effected in accordance with a fair procedure. The first point which I would explain is the meaning of double jeopardy and whether it is applicable in labour law. The research articulates that the double jeopardy principle applies to labour law and enumerates ways it can be applied. The South African courts, in particular, the Labour Court and the Labour Appeal Court have delivered several judgements on the double jeopardy principle. These cases will be critically discussed in detail. Comparison will be made with foreign labour law jurisprudence on the double jeopardy principle, particularly in Australia and the United States of America.
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Haghighi, Mohammad Bagher Nobakht. "The role of labour law in labour relations and the labour market in Iran." Thesis, University of the West of Scotland, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.744768.
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Grootboom, Linda Henry. "Labour law implications of organisational restructuring." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/303.
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It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “The Government of National Unity has embarked upon a concerted and comprehensive programme of administrative restructuring and rationalisation (my emphasis) with the object of: (a) Creating a unified and integrated service. (b) Creating a leaner and more cost-effective service.” Various strategies are listed in the White Paper, and the fundamental approach advocated is to right size, adjust remuneration structures, retrench and contract – out services.
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Lapere, Jan Noel Romain. "Occupational medical examinations and labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/302.
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South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
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Jin, Lin. "Towards the Improvement of Chinese Labour Law - A Comparative Analysis of Chinese and South African Collective Labour Law." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4507.
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With the expansion of the open market system and globalization, employees increasingly need more protection from the law. So how to properly and efficiently develop a labour law system is becoming an important question for many countries. China is one country facing this issue. Therefore, the purpose of this dissertation is to explore this question. It will examine the weaknesses existing in current Chinese labour law system through a comparative analysis with South Africa's labour law system, establishing the main influences which impact on the Chinese labour law system. Finally, it will demonstrate that the use of legal transplantation would help the Chinese labour law system.
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Mitchell, Gemma. "Valuing caring relationships within UK labour law." Thesis, University of Birmingham, 2016. http://etheses.bham.ac.uk//id/eprint/6651/.
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This thesis will consider UK labour law’s role in promoting fairness for carers. Building upon Fineman’s work, I will argue that caring relationships are of vital importance to society and should be supported by the state. The principle of justice as fairness, substantiated by the capabilities approach, will underpin this argument. I will focus upon modifying the workplace through care centric labour laws to achieve fairness for carers. Care centric legislation, developed by Busby, focuses upon promoting carers’ rights to work, rather than workers’ rights to care. Much of the analysis will focus upon reconciliation legislation, which aims to support people providing care within the paid workplace. This is because it has been the main way successive UK governments have aimed to help people reconcile these competing commitments. Although this body of legislation has gone some way towards achieving this, I will show that it could have done more. To make labour law care centric, something more radical is required. In this regard, I will analyse a right to care. To conclude, I will highlight the need for more empirical work in this context to further understand how fairness for all carers could be achieved.
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Philipp, Thomas. "Labour supply and the 'law of demand'." Thesis, London School of Economics and Political Science (University of London), 1994. http://etheses.lse.ac.uk/1348/.
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The well-known "law of supply and demand" says that an increase in the price of a commodity leads to a decrease in the aggregate demand for this commodity and an increase in aggregate supply. There is, however, no theoretical foundation for this "law". Empirical evidence, on the other hand, should be interpreted with care. If one estimates the parameters of certain functional forms for demand and supply functions, then the results may simply be consequences of the parametric assumptions made in estimation. The first chapter of the thesis discusses the implications of the assumption of profit and utility maximisation for the properties of demand and supply functions. It explains why economic rationality on the microlevel does not, in general, lead to macroeconomic regularities and suggests replacing the consumption sector of the neoclassical equilibrium model by a large population of individually small consumers. Such a population will be explored in the second chapter. The chapter is a direct outgrowth of a basic contribution by W. Hildenbrand: "On the Law of Demand", Econometrica 1983. In W. Hildenbrand's model the market demand function is defined by integrating an individual demand function with respect to an exogenously given income distribution. We build into the model an individual labour supply function and then compare the matrix of aggregate income effects studied by W. Hildenbrand with that obtained by integrating the individual demand function with respect to a distribution of wage rates. The empirical part of the thesis analyses the labour supply and earnings data in the U.K. Family Expenditure Survey 1970-85. Using non- parametric smoothing methods, the elasticity of labour supply with respect to the wage rate is estimated for several groups of workers. The estimations for full-time workers confirm the famous "downward sloping" labour supply function. The estimated elasticities for the entire population of workers for the years 1970-85 have the mean value 0.2 and the standard deviation 0.02.
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Oosthuizen, Tania. "Discrimination based on age in labour law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.
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This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.
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Kelly, Tobias William. "Law at work : law, labour and citizenship among West Bank Palestinians." Thesis, London School of Economics and Political Science (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.405438.
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The thesis explores the cultural and political practices of law among West Bank Palestinians. It asks why law is central to the ways in which many Palestinians articulate their claims for justice, yet at the same time law is also often experienced as coercive or as a promise unfulfilled? The thesis examines the role of legal regimes in creating, transforming and rejecting political struggles. In doing so it addresses issues of law, coercion, collective action, state building, nationalism and territory. The thesis is based on 18 months fieldwork in a West Bank village among a group of wage-labourers. The thesis argues that due to the law's association with illegitimate or weak nation states, these labourers do not associate law with morality. However, promises of legal entitlements provide one of the few avenues through which the labourers can attempt to gain access to political and economic resources. The importance of citizenship for access to these resources means that legal processes form the grounds upon which many of their struggles are fought. The contradictory relationship between territory and citizenship in the West Bank means that the labourers are denied the formal promises of protection under Israeli law. The labourers are forced to rely on a territorially and politically weak PNA, which is unable or unwilling to provide for them. The thesis argues that coercion and discrimination are internal to the structures of law in the West Bank. The state of Israel and the PNA claim to be regimes based on the 'rule of law'. At the same time the relationship between the Israeli state and the PNA is based on national exclusivity, territorial integration and political inequality. In this situation, 'the rule of law' can only be maintained by a coercive separation of Israelis and Palestinians and discriminatory politics. Legal equality and justice at one level depends on coercion and discrimination at another.
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Humbert, Franziska. "The challenge of child labour in international law /." Cambridge : Cambridge University Press, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9780521764902.
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Berg, Lisa, and Zedtwitz-Liebenstein Sangrid von. "Kollektivavtalsrätten och ideologierna : Ideologies and Swedish Labour Law." Thesis, Karlstads universitet, Fakulteten för ekonomi, kommunikation och IT, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-6765.
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Abstract The overall aim of this paper is to examine the impact of ideologies and norms on a legal system. Against a background of a description of the hierarchy of norms in Swedish labour law and in European Union law, respectively, the paper aims to specifically demonstrate the problems caused by the different hierarchies of norms when implementing EU directives in Swedish labor law. The research question examines how the trade unions’ right to industrial action towards an undertaker providing transnational services by posting of workers, is affected by the implementation of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. The paper answers the question under what conditions the Swedish trade unions have the right to take industrial action in situations of posting of workers. Through the study of sources of law and adhering to traditional jurisprudence, this paper investigates the legislation regarding trade unions’ rights to take industrial action in situations of posting of workers. In addition to the jurisprudential research, a glance at the history of ideologies is provided. The purpose of this is to explain the role of ideologies in the origins and history of Swedish labour law, as well as their role in the current development of law. With the ideological and historical discussion as a background, this paper investigates Swedish law and EU law using a comparative approach. The purpose is to illustrate how differences in ideological bases are determinant of differences in current legislation and legal practice. The paper studies the development of law since the 1990s with regards to the right to industrial action in situations of posting of workers. The Swedish labour law has been revised since Sweden joined the European Union. The presentation looks particularly at the following cases in the Swedish Labour Court: AD 1989 No. 120 (the Britannia case) and AD 2005 No. 49 (the Vaxholm case). The paper studies the Posting of Workers Directive and presents an analysis of the European Court of Justice Case C-341/05 Laval un Partneri Ltd (the Laval case). To allow for analysis and a broad discussion on the implementation of the Posting of Workers Directive, an account is made of the different government committee instructions, committee of inquiry reports, and governmental legislative proposals of importance for the implementation of the directive into the Foreign Posting of Employees Act, and for the legislative changes prompted by the Laval case (i.e. the lex Laval). The main conclusion drawn from the study of the legislative development is that the level of legislation of the Swedish labour market will increase due to the tendency of europeanisation. The study also establishes the importance of ideologies, norms and values for the development of a legal system. This paper does not fully answer whether the set of norms on which Swedish labour law is based is about to change, but the trend is that on the whole no such changes have been observed. The existence of lex Laval has not affected the basic set of norms of Swedish labour law.
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Radcliffe, Deborah J. "Understanding labour law reform in Alberta, 1986-1988." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq23060.pdf.
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Deakin, Simon Francis. "Contract, labour law and the developing employment relationship." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.291753.
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Ozdemir, Ali Murat. "Political Economy Of Labour Law In Turkey: Work Employment And International Division Of Labour." Phd thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12605703/index.pdf.
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This thesis aims to evaluate the Turkish Labour Law on the basis of a new approach to legal studies that follow the internal tendency of legal science to resolve its own problem, which is that of convincingly defining the point of contact between norm and fact (form and content), materially connecting the juridical organisation of power with the social structuring of power, while avoiding both formalist and positivist deviations. Against this background, the thesis aims to assess the correlation between the recent changes in the international division of labour and the structural forms, on the axis of which the Turkish legal system functions. This endeavour includes an attempt to view law in its location as a component to a general and persistent process of social regulation that secures general patterns of social domination. This study argues that the role of the collective labour law over the stabilisation of wage relations is increasingly deteriorated by the changing nature of the state and of work, including the new institutionality and the increasing influence of business over labour politics. After the &lsquodiscovery&rsquo
of the importance of the universal principle of the freedom of contract in labour law, the regulatory powers of individual labour law have extended to the realm of capital-labour relations having an impact over the social division of labour and have acquired a relative dominance.
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Kaufmann, Christine. "Globalisation and labour rights : the conflict between core labour rights and international economic law /." Oxford [u.a.] : Hart, 2007. http://www.loc.gov/catdir/toc/fy0709/2007273640.html.
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Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.
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According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.
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Loots, Barbara Evelyn. "Public employment and the relationship between labour and administrative law." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6683.
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Thesis (LLD)--University of Stellenbosch, 2011.ENGLISH ABSTRACT: The focus of this study is the rights-based normative overlap of labour and administrative law in public employment. As the judiciary appeared to be unable to agree on a unified approach to the application of the rights to fair labour practices and just administrative action to public employment, it was clear that the complexity and multi-dimensional character of the debate required analysis of existing approaches to the regulation of the public employment relationship. The following initial research question was formulated: To what extent does (and should) the constitutionalised rights to fair labour practices (s 23) and just administrative action (s 33) simultaneously find application in the regulation of public employment relationships? In answering this question, certain realities had to be acknowledged, the most important being that the debate in question jurisprudentially revealed itself to be a jurisdictional turf-war between the Labour and High Courts, rather than proper consideration of the relevant substantive arguments and underlying normative considerations. This called for an additional dimension to be added to the research question, namely consideration of the extent to which the ss 23 and 33 rights are informed by variable and possibly different normative principles and whether these rights allow for cooperative regulation of public employment in accordance with the doctrine of interdependent fundamental rights. This became the primary focus of the study. In an attempt to simplify the debate, a deliberate decision was taken to limit the scope of the normative study to South Africa with its own historic influences, structures and constitutional considerations. The study shows that both labour and administrative law (as constitutionally informed) share concern for equity-based principles. This is evident from the flexible contextually informed perspectives of administrative law reasonableness in relation to labour law substantive fairness, as well as a shared concern for and approach to procedural fairness. Once simplified, and in the absence of any undue positive law complexity, the public employment relationship, at both a normative and theoretical level, furthermore shows no substantive status difference with private employment relationships. It is, however, accepted that there are job and sector-specific contextual differences. In the absence of substantive normative conflict between these branches of law and in the absence of a fundamental (as opposed to contextual) difference between public and private employment, there appears to be no reason to ignore the constitutional jurisprudential calls for hybridity, otherwise termed the doctrine of interdependence. The idea of normatively interdependent rights expresses the Constitution’s transformative vision (through the idea of flexible conceptual contextualism) and recognises that human rights may overlap. This also means that where such overlap exists, rights should be interpreted and applied in a mutually supportive and cooperative manner that allows for the full protection and promotion of those rights. In giving expression to the interdependent normative framework of constitutional rights, these norms (absent any substantive rights-based conflict) should then be used by the judiciary as an interpretative tool to align specific labour law and general administrative law in the regulation of public employment relationships.
AFRIKAANSE OPSOMMING: Die fokus van hierdie studie is die regsgebaseerde normatiewe oorvleueling van arbeids- en administratiefreg in die openbare diensverhouding. Aangesien dit blyk dat die regsbank nie kon saamstem oor ‘n eenvormige benadering tot die toepassing van die regte op billike arbeidspraktyke en regverdige administratiewe optrede op die openbare diensverhouding nie, het die kompleksiteit en multi-dimensionele karakter van die debat dit genoodsaak om bestaande benaderings tot die regulering van die openbare diensverhouding te analiseer. In die lig hiervan is die volgende aanvanklike navorsingsvraag geformuleer: Tot watter mate vind die grondwetlik neergelegde regte tot billike arbeidspraktyke (a 23) en regmatige administratiewe optrede (a 33) gelykmatig toepassing in die regulering van die openbare diensverhouding en tot watter mate hoort die regte gelykmatig toepassing te vind? In antwoord op die vraag is sekere realiteite geïdentifiseer, waarvan die belangrikste is dat die debat in die regspraak grootliks neergekom het op ‘n jurisdiksionele magstryd tussen die Arbeids- en Hooggeregshowe, eerder as werklike oorweging van die relevante substantiewe argumente en onderliggende normatiewe oorwegings. Dit het die byvoeging van ’n verdere dimensie tot die navorsingsvraag genoodsaak, naamlik oorweging van die mate waartoe die aa 23 en 33 regte deur buigsame en moontlik verskillende normatiewe beginsels beïnvloed word, en ook of hierdie regte ruimte laat vir mederegulering van die openbare diensverhouding in terme van die leerstuk van interafhanklikheid van fundamentele regte? Laasgenoemde het die primêre fokus van die studie geword. In ‘n poging om die debat te vereenvoudig, is doelbewus besluit om die strekking van die normatiewe studie te beperk tot Suid-Afrika, met eiesoortige historiese invloede, strukture en grondwetlike oorwegings. Soos die normatiewe studie ontvou het, wys die studie dat beide arbeids- en administratiefreg (soos grondwetlik beïnvloed) ‘n gemeenskaplike belang in billikheids-gebaseerde beginsels openbaar. Daar is ‘n versoenbaarheid tussen die kontekstueel beïnvloedbare en buigsame redelikheidsperspetief van die administratiefreg, soos gesien in vergelyking met substantiewe billikheid in die arbeidsreg. Voorts heg beide die arbeids- en administratiefreg ‘n gemeenskaplike waarde aan, en volg beide ‘n gemeenskaplike benadering tot, prosedurele billikheid. Terselfdertyd, en in die afwesigheid van onnodige positiefregtelike kompleksiteit, blyk daar op beide ‘n normatiewe en teoretiese vlak geen substantiewe verskil in status tussen die openbare diensverhouding en die privaat diensverhouding te wees nie. Dit word egter aanvaar dat daar wel werk- en sektor-spesifieke kontekstuele verskille bestaan. In die afwesigheid van substantiewe normatiewe konflik tussen die twee vertakkinge van die reg en in die afwesigheid van ‘n fundamentele (in vergelyking met kontekstuele) verskil tussen diensverhoudings in die openbare en privaatsektore, blyk daar geen rede te wees om die grondwetlike jurisprudensiële vereiste van hibriditeit, ook genoem die leerstuk van die interafhanklikheid van grondwetlike regte, te ignoreer nie. Die idee van normatiewe interafhanklike regte gee uitdrukking aan die Grondwet se visie van transformasie (via die idee van buigsame konsepsuele kontekstualisme) en erken dat menseregte soms oorvleuel. Dit beteken ook dat waar so ‘n oorvleueling bestaan, regte ïnterpreteer en toegepas moet word in ‘n wedersyds ondersteunende en samewerkende wyse wat voorsiening maak vir die volle beskerming en bevordering van daardie regte. Erkenning van die interafhanklike normatiewe raamwerk van grondwetlike regte hoort daartoe te lei dat die regsbank daardie norme (in die afwesigheid van regsgebaseerde konflik) as interpretasie-hulpmiddel gebruik om die spesifieke arbeidsreg met die algemene administratiefreg te versoen in die regulering van die openbare diensverhouding.
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McHugh-Russell, Liam Sean M. "Beyond protection: an informal economy perspective on labour law." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=121466.
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The large cohort of workers in the "informal economy" commonly described as lying "beyond the protection of labour law" represent a serious challenge (though not the only one) to the adequacy and legitimacy of labour law's normative tools and legitimating narratives. Drawing on a critical review of recent work at the ILO and by WIEGO (an international research-advocacy network focused on women in the informal economy), the thesis tries to provide insight into the nature of that challenge. The heterogeneity of informal work calls for prudence to avoid still-popular folk images rooted in the Fordist-era organization of work in the global North. Capturing that diversity instead requires "socio-economic" approaches attentive to the particulars of the networks of production that workers participate in, and the complex interaction between working practices and state regulation. Ultimately, however, providing a platform for workers to pursue their capabilities requires labour law to go beyond "protection" as a structuring discourse and embrace a broader normative horizon.Les travailleurs de l'«économie informelle» souvent décrit comme «au-delà de la protection du droit du travail» représentent un défi sérieux (mais pas le seul) qui menace la pertinence et la légitimité des instruments et discours normatifs du droit du travail. En utilisant une analyse critique des textes récents produits par l'OIT et par WIEGO (un réseau international de recherche et de plaidoyer centré sur les femmes dans l'économie informelle), cette thèse offre une perspective quant à la nature de ce défi. L'hétérogénéité du travail informel demande de la prudence, afin d'éviter de rester dans les images folkloriques ancrées dans l'ère du travail "Fordiste" des pays du Nord. La réponse à cette diversité exige plutôt un approche «socio-économique» non seulement attentifs aux particularités des réseaux de production dans lesquelles les travailleurs participent, mais aussi alerte aux interactions complexes entre les pratiques de travail concrètes et la réglementation de l'État. En fin de compte, cependant, afin de fournir aux travailleurs une plate-forme leur permettre de poursuivre leurs « capabilités », il faudrait que le droit du travail cherche au-delà de la «protection» pour ses discours de structuration, en adoptant un horizon normatif plus large.
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Paoli, Maria Celia Pinheiro-Machado. "Labour, law and the state in Brazil : 1930-1950." Thesis, Birkbeck (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.284179.
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Forrest, Anne. "Labour law and union growth : the case of Ontario." Thesis, University of Warwick, 1988. http://wrap.warwick.ac.uk/4386/.
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What role the law should play in encouraging the growth of trade unions is a matter of considerable controversy in Canada, the United States, and the United Kingdom. Limits to growth in other sectors of the economy coupled with heightened employer hostility to unionism have made the extension of collective bargaining to the tertiary sector the most pressing task for unions in the 1980s. In a limited way, the Canadian procedure for certifying and recognizing unions is being considered as a model for labour law reform. And there is much to recommend the Canadian system. It is far more efficient than its American counterpart. There are fewer delays, fewer unlawful interventions by employers, and a substantially higher likelihood that newly organized unions will be granted certification. Even so, unions have failed to break into the trade, finance, and services industries that are so critical to their future. Taken as a whole, Canadian labour law tends to block rather than promote the growth of unions in the unorganized sectors of the economy. The certification procedure is only one aspect of a legal regime that has as its primary purpose the preservation of industrial peace, not the encouragement of union growth. By shaping bargaining structure and regulating bargaining tactics, Canadian labour law tilts the balance of power in favour of employers. Small, fragmented unions are frequently pitted against large corporations and as there is nothing to stop anti-union employers from using their overwhelming strength to frustrate the collective bargaining process, efforts to organize the tertiary sector have failed.
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Quiñones, Infante Sergio. "Brief review of the historical evolution of Labour Law." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123675.
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In this article, the author presents the theme of the historical evolution of Labour Law, analyzing the most important milestones in which it develops. Firstly, he addresses the regulation of work in the preindustrial era; then, the emergence of Labour Law as a result of historical and social factors; and finally, its evolution throughout the twentieth and twenty-first century, concluding that this development has come to be circular.En el presente artículo, el autor abarca el tema de la evolución histórica del Derecho del Trabajo, analizando los hitos más importantes en los que se desarrolla. En primer lugar, aborda la regulación del trabajo en la época preindustrial; a continuación, el surgimiento del Derecho del Trabajo a consecuencia de factores histórico-sociales; y, finalmente, su evolución a lo largo del siglo XX y XXI, concluyendo que esta evolución ha terminado por ser circular.
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Enjuto-Martinez, Regina. "Within and against the law : the politics of labour law in China's adaptive authoritarianism." Thesis, London School of Economics and Political Science (University of London), 2016. http://etheses.lse.ac.uk/3337/.
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This thesis seeks to answer how and why legal institutions, in particular laws, sustain authoritarianism in China. This thesis questions the paradox of law as domination and resistance: laws sustaining the CPC’s adaptive authoritarianism, or opening up avenues for political contestation and bringing about political change. It does so through the study of the political role of labour laws in China, combining an institutionalist perspective with a law and society approach. First, it argues that labour laws have been developed to support the capitalist economy, enforcing property rights and institutionalizing the rule of the Party-state. Second, through ethnographic-oriented research of three case studies of legal aid/labour non-governmental organizations (LAL NGOs) in Beijing, it demonstrates that labour laws, lawyers and LAL NGOs fulfil regime-supportive functions that both display and enable the adaptiveness of the CPC’s authoritarianism. Lawyers and LAL NGOs work within the law to protect workers’ rights and to improve the legal framework, helping to contain labour disputes and maintain social stability. Third, it finds that the legal definitions of rights contrast with workers’ conceptions of rights, the former being based on a capitalist rationale, while the latter is based on concepts of morality, fairness, equality, and on workers’ socio-economic conditions. Studying workers’ perceptions, understandings and uses of the law shows that some workers disagree with the premises of the labour laws, do not find the laws useful for a variety of reasons, and distrust the legal system, putting into question the legitimacy of such institutions of governance. I find that, according to popular conceptions of rights, workers act outside and against the law. The pitfall of the CPC’s ‘adaptive governance’ lies in its simplification of social order into rational legal order, omitting popular conceptions of rights and coherent forms of action that the same laws try to dismiss. Therefore, the space for transformative political action, either to challenge capital or the Party-state, rests outside and against the law.
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Munuve, Lilian Kasyoka. "A comparison between the South African and Kenyan labour law systems." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.
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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
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Chennels, Jack Francis Erskine. "Corporate governance and labour relations: a sustainable partnership." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12890.
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Katsaroumpas, Ioannis. "Collective labour law in times of economic crisis : theoretical and comparative perspectives." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:1f8bb178-12db-45e6-ba90-0fdcac45429b.
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The thesis explores the interaction of the economic phenomenon of 'economic crisis' with the legal phenomenon of Collective Labour Law (CLL). This interaction is the thesis' main problematique. Rather than undertaking an all-encompassing investigation, it seeks to modestly contribute some new theoretical and comparative perspectives on the problematique. These perspectives are of potential value both to the highly underdeveloped area of the theorisation on economic crises and CLL and to the comparative labour law literature. On the theoretical side, the thesis puts forward a novel Marxist-critical theoretical framework for understanding the crisis' operation of CLL. Building successively on the Marxist-critical insights of a fundamental contradiction between the (capitalism) reproductive and (worker) protective function of CLL, the crisis theories' common assertion of economic rationalisation as the primary crisis response and a joint reading of Gramscian counterhegemony and Habermas' theory of legitimation crisis, a theoretical framework is constructed around a proposed concept: crisis (dis)equilibrium. These (dis)equilibria, which arguably determine the course of CLL's crisis developments are composed of two fundamental opposing forces: the force of economic rationalisation, pushing for reforms dictated by the need for intense capitalist restructuring and the opposing counter-legitimation force, which reflects the level of socio-political threat of withdrawal of support to the prevailing economic system or at least to the reforms dictated by economic rationalisation. The comparative side that serves also as a testing empirical ground for the theoretical framework, consists of an extensive interrogation of the recent crisis CLL trajectories in Greece and the UK. For Greece, the analysis observes and accounts for a dramatic collapse of the pre-crisis protective CLL edifice as a result of multiple and abrupt far-reaching CLL reforms bringing about the neo-liberal crisis movement. Subsequently, the thesis offers a response to why the protective constitutionalisation of CLL rights in Greece failed to prevent the de-construction by designating a de-constitutionalisation triangle of normative spheres. The triangle maps and explains how the neoliberal-oriented EU-IMF bailout conditionality prevailed over domestic-constitutional and transnational labour rights normative spheres through identifying a series of 'strong' and 'weak' legal and non-legal interactions. For the UK, the analysis dismisses a suggestion of a complete stasis during the crisis. Instead, it ascertains and accounts for a further -more gradual- neo-liberal consolidating crisis movement of UK's pre-crisis neo-liberal CLL paradigm. Hence the British crisis movement is described as neo-liberal continuity by consolidation. Very importantly, the thesis observes a significant crisis de-constitutionalisation process of CLL in the UK, which takes the shape of a constitutional attack on the political voice of unions by regulatory reforms. Eventually, the thesis finds a comparative crisis pattern of a 'Great Neo-liberal Convergence' between the two previously diametrically opposite CLL systems, since they moved closer and toward the neo-liberal end during the crisis. The 'neo-liberal convergence' finding is situated as a supportive case for the convergence theorists within the convergence/non-convergence debate over whether the European CLL systems are to converge. Moreover, the analysis demonstrates the explanatory value of the Crisis Equilibrium theoretical framework for understanding the crisis trajectories in both countries and suggests that crisis developments confirm the heteronomy of CLL to the theoreticallyidentified dialectic between the capitalist force of economic rationalisation and the social force of counter-legitimation.
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Moila, Phetole Patrick. "The doctrine of legitimate expectation in South African labour law." Thesis, University of Limpopo (Turfloop Campus), 2010. http://hdl.handle.net/10386/403.
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Thesis (LLM)--University of Limpopo, 2010The study evaluates the common law position regarding the principle of legitimate expectation at the workplace. Under the common law, the employer had the power to hire and to fire as he or she pleased. The employer could either fire for a good reason or for a bad one or for no reason at all, provided the dismissal was on notice. In other words the employer was not required to show good cause for terminating the contract or to inform them employee of such reasons as they may be or to follow any special procedures before termination. It was not possible for the employee to raise question of legitimate expectation by then. The study exposed the complexity of this principle in our current labour laws. The two schools of thoughts regarding the principle have been analysed herein and a proper recommendation was made.
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Hanekom, Jurgens Philip. "The application of the hearsay rule in labour law proceedings." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/300.
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To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
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Abader, Mogamad Shahied. "The labour law consequences of a transfer of a business." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/306.
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The burden that South African labour law has to bear in relation to the economy is very heavy by international standards. In most industrially developed countries, the economy is strong enough either to provide jobs for most work-seekers or, failing that, an adequate social security system for households without breadwinners in place. In most developing countries with high unemployment rates, the labour law system makes only perfunctory effort to reach out to those facing economic marginalisation. South Africa, essentially a developing country, is not like that. The legal system is strong, works off a firm human rights base, and sets out to grapple with the issues. That is how it should be, but it comes at a price – an oftengraphic exposure of the limits of the law in a stressed society. Businesses operate for profit and survival according to the unsentimental ways of the market, and employees back in a bid to save jobs, lifestyles and livelihoods. The stakeholders use power when they have it, and make claims on the law when they don’t. The legislation and the case law reflect, add to and, to a degree, shape the complexities of these contests, and no more so than in the area of business restructuring.1 The new South Africa has quickly become the destination for foreign investment. The weakness of the rand against the dollar, pound, euro and with the “cost to sell and produce” being so low against these currencies, players on the corporate stage constantly change their make-up and composition. The larger engulfs the smaller, one company buys shares in another, or buys it out entirely, or all or part of its assets, and others are liquidated. In all these situations, employees in South Africa may find themselves with new bosses on the morning after. Under common law employees in this situation were deemed to have been discharged by the former employer, whether or not they have been offered positions in the transformed structure. If they did not want to work under it, they could not be forced to do so. That was because an employment contract was deemed in law to be one of a personal nature that could not be transferred from one employer to another without the employees consent. This research is conducted at an interesting time, when the amendments to the Labour Relations Act 66 of 1995 in respect of the transfer of a business, and in particular section 197, dealing with such matters comes into effect. It is also interesting in the sense that most judgements of the Commission for Conciliation, Mediation and Arbitration (CCMA) and judgements of the Labour Court were moving more or less to a common approach or interpretation of section 197 of the Labour Relations Act 66 of 1995 (hereinafter “the LRA”). Section 197 of the LRA sought to regulate the transfer of a business as a going concern and altered the common law regarding the transfer of a business in two situations – firstly when there is no insolvency, factual or legal, concerned, and secondly in the instance where the transferor is insolvent. The first extreme was when an employer is declared insolvent and the contracts of employment terminated automatically. The second extreme was from the first whereby the employer has to terminate the services of his employees and be liable to pay severance pay in terms of section 1893 of the LRA, which has also been amended along with section 197 of the LRA. It is as if this section was introduced to remedy these extremes. These extremes will be dealt with in detail in this paper. The transfer of goodwill and assets from the seller to the buyer occurs when a business is sold as a going concern. At common law the employees of a business cannot be transferred in the same manner. The Labour Relations Act 66 of 1995 altered this position. By enacting this section the legislature wanted to protect the interest of the employees in such transactions. Whether the legislature has succeeded or not is a matter that will be dealt with in this paper. It is all dependent on the interpretation of this section by the commissioners and judges. By including section 197 in the LRA, the legislature’s intention was to resolve the common law problem where employment contract terminated upon the sale of a business, and this section was intended to be an effective tool for protecting the employment of employees. In order to understand the labour law consequences of the transfer of a business, it is important to understand the provisions of sections 197 and 197A of the Labour Relations Amendment Act 2002. This will be dealt with and each section will be discussed in detail using relevant case law and literature. In considering investing in a South African based company by way of purchasing a share of the company and giving it your own flavour, one has to carefully consider the effects of this transaction. Companies wishing to restructure, outsource, merge or transfer some of its operations will need to understand what the implications of the labour legislation will have on their commercial rationale. Section 197 regulates the employment consequences when a transfer of a business takes place. This is defined to mean the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern. Business is defined to include the whole or part of the business, trade undertaking or service. Like the current provision, the new provision referrers to the transfer of a business. It is therefore a wider concept than the sale of a business.4 No attempt is made to define what constitutes a going concern and the controversial issue of whether an outsourcing exercise can constitute a going concern transfer is also not explicitly dealt with. The fact that a business is defined to include a service may be an indication that it was intended to typify outsourcing as a going concern transfer, but this is not necessarily the case.5 The amendments to the Act6 came into effect on 1 August 2002. Sections 197 and 197(A) of the Act consequently seeks to regulate the transfer of a business. These regulations will be dealt with individually and in a format that would make each of the sections in sections 197 and 197(A), easy to understand and interpret. It will also become clear as to what the implications of each of the subsections will have on that commercial rationale. The issues highlighted above will be dealt with detail in this paper giving an overview of the Common Law, the Labour Relations Act 66 of 1995 and the new Labour Relations Amendment Act 2002.
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Hwani, Gilbert. "Interpreting the 2015 amendments to the Labour Relations Act 66 of 1995 in light of the underlying purpose of South Africa's labour laws." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16539.
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Includes bibliographical referencesThe aim this dissertation is to establish what the purpose of labour law is and thereafter determine whether or not the Labour Relations Act 66 of 1995 (LRA) is doing enough to make sure that such purpose is realised. It is important to note that this paper is only limited to the purpose of labour law and the application of the LRA as far as non-standard workers (particularly temporary employment services) are concerned. If the purpose of labour law is established it will be easier for the legislator to focus the developments of the LRA in line with the desired purpose. Furthermore, an understanding of the purpose of labour law, makes the job of the courts much easier when it comes to the interpretation of such provisions. In doing so the non-standard workers will be protected from some of the difficulties which they are currently facing in the workplace.
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Musukubili, Felix Zingolo. "Towards an efficient Namibian labour dispute resolution system : compliance with international labour standards and a comparison with the South African system." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018942.
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The thesis examines the Namibian labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. It describes the legal provisions that exist for the effective and efficient resolution of labour disputes through an alternative dispute resolution (ADR) system, which is given recognition in national labour legislation, and in a number of international labour standards and regional labour instruments. It argues for the provision of a proactive and expeditious dispute resolution system that helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The study examines the provisions of relevant international labour standards on labour dispute resolution to ascertain their adequacy as part frameworks that apply to Namibia and South Africa’s obligation to provide ADR systems that respond to the needs of the labour relations community. It is argued that ratifying particular ILO conventions creates obligations to comply with their provisions, and to apply them in national legislation and in practice. It is further argued that by having ratified those international labour standards that provide for ADR, Namibia assumes specific obligations under international law, enjoining the country to provide the required ADR system of conciliation and arbitration, which is credible and trusted by disputants and the general public. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The focus of the comparison is on whether the South African ADR system can inform Namibia’s application of its newly adopted ADR system. South Africa has a labour dispute resolution system that has influenced Namibian labour law, prompting Namibia to borrow its ADR system from South Africa’s advanced Commission for Conciliation Mediation and Arbitration (CCMA). In this sense, it is submitted that there are fundamental similarities and differences in the two respective systems. Ideally, disputes should be resolved at conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. In terms of implementation, it is argued that despite the international obligation and commitment to provide and make available free and expeditious ADR services, there are gaps that exist between the legal framework regulating the ADR system and the application thereof in practice, making the attainment of effective and efficient labour dispute resolution difficult. Disputes should be resolved as quickly and informally as possible, with little or no procedural technicalities, and without allowing them to drag on indefinitely, offering immediate solutions instead. This is far from the reality of the situation. In contrast, the study found that although the Labour Act, 2007 and the South African Labour Relations Act (LRA) have brought statutory dispute resolution within the reach of the ordinary worker, these Acts may have compounded the problems relating to dispute resolution in the respective countries. The statutes in question have created sophisticated systems of dispute resolution in which most role players are seen as failing to operate as a result of the complex and technical processes of dealing with disputes. For this reason, the author proposes several remedial interventions that look to the future and the continued provision of fast, effective and user-friendly ADR services. Solving these problems and making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
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September, Jerome. "Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.
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Includes bibliographical references.This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.
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Masimbe, Tawanda. "Protection versus flexibility: a critical analysis of the new labour brokering provisions introduced by the 2014 amendments to the Labour Relations Act, 66 of 1995." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20863.
Full textAbstract:
The paper will focus primarily on Labour Law with a particular emphasis being placed on the amendments to the LRA that deal with labour-broker employees. In order to fulfil this endeavour, the perceived purpose of labour law will be looked at to inform a discussion of what the amendments should be aiming to achieve. Further reference will also be made to fundamental International Labour conventions in order to enlighten the analysis.
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Pottas, Ruan. "The convergence of labour and commercial law: executive dismissals in contemporary South Africa." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9150.
Full textAbstract:
Includes bibliographical references.The intricacies and legalities concerning the notion that under certain circumstances a director may be regarded as an employee have given rise to much litigation in the past two decades. It is humbly submitted that few scenarios have created as much confusion and grief as the aforementioned idea in our South African jurisprudence. For the past two decades lawyers have jousted in the CCMA, Labour Court and Labour Appeals Court on the question of whether or not a company director is an employee and subject to the protection from unfair dismissal contained in the LRA. This dissertation approaches the controversial topic by examining the history and origin of the concept of the office of director. The legislative framework concerning company and labour law is examined along with the judicial decisions which have shaped this particular aspect of the law. A brief overview of comparative labour law is discussed in an attempt to gain a multinational view of the matter. Throughout this dissertation it is of cardinal importance to view the text through both the lenses of Company- and Employment Law. Failing to do so will have the inevitable result that one does not properly reflect and weigh in on the theoretical implications associated with the development of both these branches of law.
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Biney, Elizabeth. "Safeguarding the illegal rethinking the interface between labour and immigration laws." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/10157.
Full textAbstract:
Includes bibliographical references.The rendering of work by foreigners without the authorization to work is a contentious issue in South Africa. South Africa possesses one of the most progressive Constitutions, yet many are left at the fringes of the economy with little protection. Despite constitutional entrenchment of fundamental labour rights, many well-deserving workers are disentitled from important labour protections because their employment contract violates immigration laws. Unauthorized workers are formally excluded from access to certain legal institutions and economic benefits as most of the protective labour laws are centred on an existing employer-employee relationship.
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Sapkal, Rahul <1986>. "How Law and Law Enforcement Affect Labour Markets In Developing Countries: An Empirical Evidence From India." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2016. http://amsdottorato.unibo.it/7756/3/Sapkal_Rahul_tesi.pdf.
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This doctoral dissertation examines and investigates the impact of labour market and nonlabour market institutions on the Indian labour market. In general, some of its most
important findings are of interest for other developing countries as well. It engages with the critical debate on the potential adverse effects of protective labour laws. Many scholars have looked sceptically on those effects as a bottleneck to labour market flexibility and economic development. To address the raised concerns, this dissertation empirically investigates three research questions that are interlinked with each other.
The first two research questions deals with the assessment of labour market institutions that have direct implication on the Indian labour market. The third research question deals with the assessment of non-labour market institutions that has indirect implication
on the labour market mediated through changing bargaining position of a woman within a family. However, this academic engagement can best be viewed as an empirical exercise exhorting how specific the India‘s labour laws and personal laws such as inheritance property rights, interact with the labour market. Moreover it also allows us to analyse how these interactions are receptive to advance our scholarship on understanding the relationship between labour market and labour market institutions that have witnessed significant changes since the beginning of economic reform of 1991 in India.
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Phakathi, Nkosana Christian. "What to do about unprotected strikes at Nkomati Mine?" Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32920.
Full textAbstract:
Background and motivation: Nkomati Joint Venture Mine (Nkomati) is situated in Mpumalanga between the towns of Machadodorp, Barberton and Nelspruit. It is a mining company, mining a variety of minerals, however their primary mineral is Nickel. It employs around 494 employees. The author, continuously observed that employees, often ignore grievance procedures when dissatisfied and embark on unprotected strikes, that is strikes that do not comply with section 64 and 65 of the Labour Relations Act 66 of 1995 (the LRA)1 . This ignorance often result in relationship discomfort, complaints, grievances, disciplinary action and other forms of workplace conflict that have a negative impact on organisational functioning. The author subsequently intends to analyse unprotected strikes at Nkomati in order to identify problem areas and recommendations to eliminate, manage and/or reduce such actions. The author believes that unprotected strikes may be reduced, managed and/or eliminated if parties are aware of the position of labour law on unprotected strikes including violence, damaging of property and intimidation during strikes. These unawareness could be significant contributor to final warnings issued to all employees who participated in the unprotected strike and 11 employees who were dismissed for misconduct during the said unprotected strike on 23 April 2018 at Nkomati. A better understanding on how employees must conduct themselves during strikes may promote the quality of employment relations at Nkomati. Problem statement and purpose The right of employees to strike is entrenched in the Constitution of the Republic of South Africa in terms of section 23(2)(c). It is important to note that the right may nonetheless be limited as encapsulated in section 36 of the constitution.2 The primary objective for employees to embark into to a strike action is to inflict economic harm on their employers so that the employer will accede to their demands.3 The abuse of such power by trade union or employees has become rather a thorny issue for employers.4 The main purpose of this study is to analyze in depth the legal implications of employees' participation in unprotected strikes. The study will cover the following discussions: Chapter 1 gives the introduction and background. Chapter 2 deals with the legal framework. Chapter 3 deals with remedies. Lastly, Chapter 4 draws conclusions and makes recommendations. The study will also determine if Schedule 8 of the Code of Good Practice: Dismissal, according to item 6(2), is effective in deterring unprotected strikes and unlawful conduct during strikes. The study examines the Nkomati disciplinary code and procedure mechanisms to curb unprotected strikes that are marred with unlawful conduct. The amount of unprotected and violent strikes, while the Nkomati events provide an example of one situation. The study will determine if there are any areas of the law or other alternative mechanisms that can be developed to curb the occurrence of unprotected strikes associated with unlawful conduct. Research questions: This research seeks to answer these questions: i. What is an unprotected strike and what are the legal implications of participating in such a strike? ii. What legal mechanisms can be used to deal with unprotected strikes? iii. How should misconduct during strikes be dealt with? iv. Does Schedule 8 to the LRA, the Code of Good Practice: dismissal, offer meaningful ways to curb unprotected strikes and unlawful conduct? Finally, the analysis of the consequences of unprotected strikes assists the study to determine methods through which proactive approaches can be developed in order to minimize or deter unprotected strikes and unlawful conduct during strikes with the objective of improving relations between employees and Nkomati.7 The study recommends pragmatic suggestions to both employees and Nkomati management to harmoniously resolve their disputes and grievances. Research methodology: The dissertation comprises of desktop research. Information will be drawn from documented evidence which is empirical in nature. Furthermore, the dissertation will entail the analysis of legislation, case law, journals and articles. A comparison will be made on the applicable laws in South Africa and what had transpired at Nkomati with the aim to identify any gaps in our labour laws governing unprotected strikes. In order to paint a clear picture of some experiences, the author of the dissertation will discuss relevant Nkomati events pertaining to the strike and will provide an analysis on them. Reference is made to the Constitution, as the primary source of the right to strike. The dissertation refers extensively to the Labour Relations Act (LRA), as the statute which makes provision for the right to strike, and other provisions relating to strikes. Dissertation structure: Chapter 1 deals with the introduction and background. Chapter 2 deals with the legal framework. Chapter 3 deals with remedies for unprotected strikes and unlawful activities during strikes. Lastly Chapter 4 deals with conclusion and recommendations.
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Biney, Elizabeth. "Inequality of opportunity: the plight of foreign workers in South Africa." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/22905.
Full textAbstract:
Migration can be a hazardous venture, particularly if carried out clandestinely. Evidence indicates that foreigners working without formal authorisation, i.e. 'irregular migrant workers', are in a particularly vulnerable position primarily because of their irregular immigration status. They are more likely to be subjected to exploitative and unsafe employment practices in terms of benefits and conditions. This study examines the protection available to this category of migrant workers in South Africa, particularly their right of access to work-related social protection. South Africa is a major migrant-receiving country in Southern Africa because of its relatively stronger economy and political stability. However, the employment of foreign nationals without work permits, or foreigners working contrary to visa requirements, raises a series of policy issues. These issues, against the background of fairness and equity discourses pertaining to socio-economic entitlements, become exacerbated. This study examines the adequacy of domestic, constitutional and legislative frameworks that offer work-related social protection to foreign workers in South Africa. In the context of international, continental, and regional instruments that provide similar protection to irregular migrants, it could be argued that South Africa's restrictive legislative framework compromises equality in the right of access to social protection for some migrants. Although effective migration management depends on careful juxtaposition of myriad policies, emerging evidence suggests conflicting interplay between key South African policies intended to manage the rights of workers specifically and labour migration in the country generally. Critical analysis of relevant national immigration, labour, and social security laws indicates inconsistency with international human rights principles concerning the equality of opportunity or treatment of irregular migrants vis-àvis regular migrants and nationals regarding social protection. Yet, inequalities in the actual processes or opportunities (means) embedded in these policies disentitle many vulnerable foreign workers from important constitutionally entrenched fundamental rights because their presence and/or employment violates existing immigration laws. The study concludes by recommending policy interventions that may help remedy these problems.
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Khembo, Loness. "Decent work in Malawi: social security; extension of social insurance to all workers." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15174.
Full textAbstract:
The only way Malawi can ensure adequate social security coverage to her citizens is to extend the scope and coverage of social security benefits provided by the labour legislations to all workers as they are more reliable and less burdensome on the poor state. This is premised on the fact that most Malawians work, but only a few are employees as shall be seen later in this chapter. This will reduce the burden on the state of providing social security to all her citizens as most will be covered by social insurance. It is against this background that this study analyses the Malawian pieces of legislation on social security with the aim of identifying the gaps that are affecting social security coverage to Malawian workers. In doing so, these legislations will be examined against the relevant international conventions specifically the ILO C 102 and the SADC Code. The study will also focus on how best to improve social security benefits coverage in Malawi and making it more relevant to Malawians.
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Gweshe, Rufaro. "Collective bargaining in a globalised era : a change in approach." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12658.
Full textAbstract:
Includes bibliographical references.The government in the new democratic South Africa prioritised resolving the problems plaguing the industrial relations system. It did this by enacting a new labour relations Act. This Act repealed the 1956 LRA and enacted the Labour Relations Act of 1995 which established a collective bargaining system combining new elements with elements from the previous legislative dispensation. The new system retained the voluntary duty to bargain. It balanced this by entrenching a protected right to resort to industrial action as well as by creating organisational rights available to unions with ‘sufficient’ and/or majority representivity. The former enabled unions to compel the employer to bargain, whilst the latter assisted unions in bargaining. The Act also promoted centralised bargaining. It did this by retaining, but renaming industrial councils, bargaining councils and by ensuring that bargaining council agreements could be extended where parties to the agreement covered the majority of workers in a sector. Therefore, the effectiveness of trade unions depended, to a substantial extent, ‘on their representativeness and their cohesiveness’. The collective bargaining mechanism established by the 1995 LRA thus became the primary ‘mechanism for setting wages and other terms of employment…a way of managing complex organisations…a form of joint industrial government, and generally…a means of regulating labour-management relations’.
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Venter, Jan Harm. "The law of retrenchment: s 189a facilitation - the impact of facilitation in large-scale retrenchments." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9149.
Full textAbstract:
Includes bibliographical references.Employers trapped in economic difficulties or facing tough business challenges often wave the wand of retrenchment in the hope that the problem will go away. This often leads to workers unexpectedly finding themselves unemployed and queuing at the unemployment offices. In 2002, legislative provisions were introduced into the statute dealing specifically with large-scale retrenchments,1 allowing the parties to appoint an external facilitator to facilitate the retrenchment process. Although this new retrenchment process for large scale retrenchments is reflected relatively clear in and simple in the statute, this dissertation will focus on large-scale retrenchment process and highlight the positive impact facilitation, as an option,2 has introduced.
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Miller, Kristina Claire. "An evaluation of "work-life" legislation in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4514.
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Helm, Heinrich. "Proportionate income differentials: a long walk to social justice. A case study on the Entgeltrahmenabkommen (ERA) Baden-Wuerttemberg, a general agreement on pay grades, that seeks to achieve pay equity in this region of the German metal and electrical industry and a critical evaluation of how this model can assist in the implementation of section 27 of the Employment Equity Act (EEA) of South Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27531.
Full textAbstract:
Vertical income differentials between occupational levels in South Africa are among the highest in the world. Under apartheid skilled work performed predominantly by white employees was artificially overvalued, while unskilled work performed predominantly by black employees was systematically undervalued. These discriminatory social and legal norms laid the foundation for the existent disproportionate income differentials. The post apartheid government headed by Nelson Mandela acknowledged the existence of the apartheid wage gap. They were mindful that the vertical pay gap need not only be ‛deracialized', but needs to be eradicated. In this regard the South African Constitution of 1996 and the Employment Equity Act of 1998 (EEA) underpins the demand for non-discriminatory pay structures. Section 27 of the EEA was enacted to address disproportionate income differentials, but has not yet been adequately implemented. The purpose of this thesis is to consider whether the Entgeltrahmenabkommen (ERA) (a general agreement on pay grades) which resulted in the redesign of the pay structure in the German metal and electrical industry correcting long-standing pay differentials between socalled blue and white collar workers, can add value to the implementation of section 27 of the EEA. The thesis consists of six chapters. After the introduction chapter, chapters 2 and 3 consider the historical and current context of income inequality in South Africa; and chapters 4 and 5 provide a detailed analysis of the ERA in Germany and the recommendations that derive from the ERA. Chapter 6 concludes the thesis. There are important lessons to be derived both from the drafting and the implementation phases of the ERA. The ERA process revealed that being conscious of the different challenges that might arise in each phase is a prerequisite for success. The development of norms and benchmarks in the drafting phase minimised pay discrimination. The implementation phase of the ERA showed that prejudicial views and attitudes can hinder the complete eradication of discriminatory payment practices if sufficient heed is not paid to their strong influential role. This thesis concludes that the lessons derived from the implementation of the ERA can assist in introducing proportionate vertical income differentials as required by section 27 of the EEA.
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Maraire, Wesley. "Cape Town clothing workers' attitudes towards key aspects of and alternatives to regulation by the Bargaining Council." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15172.
Full textAbstract:
The South African clothing industry has shed over 70 000 jobs in the last decade. This has given rise to huge debate in the industry and academia about the role of the bargaining council in regulating the industry as well as other factors such as trade liberalisation that are causing the industry to shrink. This study explores attitudes held by formal and informal clothing workers toward the regulatory environment and possible alternatives to current regulation by the bargaining council. The research aimed to explore worker understanding of the regulatory environment, in particular the wages versus job-security trade-off; to find out whether workers are aware of alternatives to the current wage model, such as performance-based incentive pay; to explore the attitudes workers hold toward home-based informal factories; and to assess the attitudes of workers to worker cooperatives. Using semi- structured face-to-face interviews, 24 respondents (ten formal and 14 informal workers) were selected to participate in an attitude survey that explored their feelings across attitudinal classes - cognitive, affective, and behavioural, using the non-probability purposive sampling technique. Research findings show that both sets of workers generally had a very poor understanding of the industry's regulatory environment. After receiving brief explanations of alternatives to regulation by the bargaining council, the workers understood them cognitively and attitudes varied between the two groups. All workers were generally against performance-based incentive pay because it requires them to place too much trust in employers. Informal work was viewed as a viable alternative although formal workers could not conceive joining informal firms. Both sets of workers expressed favour towards worker co-operatives, which have the advantage of changing the working relationship from manager and worker to worker as owner, thus empowering workers. All workers, however, demonstrated overall awareness of the pressures facing the clothing industry, such as those caused by cheap Chinese imports. The evidence is however, not sufficient to arrive at a set of conclusions regarding alternatives to regulation by the bargaining council.