Labour Hire in Namibia: Current Practices and Effects
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Labour Brokers and Workers' Rights
Town The copyright of this thesis rests with the University of Cape Town. No quotation from it or information derivedCape from it is to be published without full acknowledgement of theof source. The thesis is to be used for private study or non-commercial research purposes only. University Master of Laws (LLM) Dissertation Labour brokers and workers’ rights: can they co-exist in South Africa? Suzanna Harvey (HRVSUZ001) Town Research dissertation presented for the approval of the Senate in fulfilment of part of the requirements for the Master of Laws in approvedCape courses and a minor dissertation. The other part of the requirement for this qualification was the completion of a programme of courses. of I hereby declare that I have read and understood the regulations governing the submission of LLM dissertations, including those relating to length and plagiarism, as contained in the rules of this University, and that this dissertation conforms to those regulations. University Signed: …………………….. 30 September 2009 Supervisor: Debbie Collier 2 Abstract South African trade unions, and some political organizations, have recently called for the banning of labour brokers, arguing that those employed through brokers have diminished rights. Employers’ organizations, on the other hand, say that the existing legal framework adequately protects these workers, and that it is merely necessary to improve enforcement of the law. This dissertation explores the difficulties faced by labour broker employees when they attempt to realize their rights through the Labour Relations Act (LRA). It shows how section 198 of the LRA, which regulates labour brokers, operates in practice to deprive brokers’ employees of two of their constitutional rights: the right to employment security, and the right to bargain collectively with the employer. -
Legislative Framework Governing Labour Broking in South Africa
LEGISLATIVE FRAMEWORK GOVERNING LABOUR BROKING IN SOUTH AFRICA BY MALOSE TITUS KUTUMELA A MINI-DISSERTATION SUBMITTED IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTERS OF LAWS IN LABOUR LAW IN THE SCHOOL OF LAW UNIVERSITY OF LIMPOPO (TURFLOOP CAMPUS) SUPERVISOR: ADV. LT NEVONDWE 2013 ABSTRACT The study will analyse section 198 of the Labour Relations Act 66 of 1995. This section is the founding provision of labour broking in South Africa. The section gives recognition of labour broking and also provides for joint and several liabilities between the client and the broker in instances of infringement of this section. The utilization of labour brokers in South Africa has sparked debates between various stake-holders, with the other side arguing that labour broking should be banned as it diminishes the rights of employees employed through this sector. On the other hand those against the ban argue that the existing legal framework needs to be adequately regulated to protect employees. In order to resolve the challenges relating to labour broking the study will make a comparative analysis with the Namibian jurisprudence. The study takes full cognize of legislative framework governing labour broking and determines whether the available legislations provide full protection of the labour rights. Through case law the study will highlight the constitutional challenges of labour broking in South Africa and challenges faced by employees employed through labour broking.The study concludes that the regulation of labour broking is appropriate as the industry creates employment and thus alleviates poverty and that the total ban of labour broking in South Africa would be detrimental to those who seek employment without the necessary skills and qualifications. -
Ntshangase Sindisiwe Charity
University of KwaZulu-Natal Effects of labour legislative changes regarding temporary employment services in KwaZulu-Natal mining and construction coastal sectors. By Sindisiwe Charity Ntshangase 209515835 A Thesis submitted in full fulfillment of the requirements for the degree Masters of Commerce in Industrial Relations College of Law & Management Studies, School of Management, IT and Governance at the University of KwaZulu-Natal Supervisor: Mr D.V. Dlamini November 2016 I DECLARATION With the signature below, I Sindisiwe Charity Ntshangase, hereby declare that the work presented in this thesis is based on my own research and all the material contained has been duly acknowledged, that I have not submitted this thesis to any other institution of higher education in full or partial fulfillment of the academic requirements of any other degree or other qualification. Signature: …………………………….. Student Number: 209515835 Date: …………………………….. II ACKNOWLEDGEMENTS To God Almighty, The Great I Am, thank you for reminding me once again that all things are possible through you and that you know all the plans you have for us, plans to prosper us and not to harms, plans to give us hope and a future. To my husband, my greatest blessing from God, Gugulethu Sibiya, thank you for cheering all my successes and encouraging me in all my failures. Thank you for all the support and encouragement that you have given me throughout this study, I am eternally grateful, no words can ever be enough to express my sincere gratitude. To my son, my ultimate blessing, Zanemali Sukoluhle Sibiya, thank you for being my anchor and for brightening up my days. -
Title: TEMPORARY EMPLOYMENT SERVICES in CONTEMPORARY SOUTH AFRICA: a CRITICAL ANALYSIS
Title: TEMPORARY EMPLOYMENT SERVICES IN CONTEMPORARY SOUTH AFRICA: A CRITICAL ANALYSIS By Name: Siziphiwe Shoba Student number: 211510876 Supervised By: Ms. Nicci Whitearnel Co-supervised By: Ms. Juanita Easthorpe DECLARATION I, ………………………………do hereby declare that unless specifically indicated to the contrary in this text, this dissertation is my own original work and has not been submitted to any other university in full or partial fulfilment of the academic requirements of any other degree or other qualification. Signed at Pietermaritzburg on this the …. day of ……………….. Signature: ---------------------------------------- STATEMENT OF ORIGINALITY This dissertation is an original piece of work which is made available for photocopying and for inter-library loan Signed at Pietermaritzburg on this the …. day of ……………….. Signature: ---------------------------------------- ACKNOWLEDGEMENTS Nicci Whitearnel for all the assistance in researching and compiling the dissertation. Juanita Easthorpe for all the assistance in researching and compiling this dissertation. Caroline Goodier for assistance in compiling this dissertation. i ABSTRACT This paper focuses on the Temporary Employment Services (TESs) industry in South Africa. The TES system involves three parties to an employment contract, namely: the client, TES and the employee. In this type of employment relationship the TES recruits the employees in order to make them available to work for the client. In terms of the Labour Relations Act 66 of 1995, the TES is the employer of the employee even though the employee works for and is controlled by the client. The Labour Relations Act 66 of 1995 provided little protection for employees in this type of employment relationship. The Labour Relations Act was amended in 2012. Some of the amendments in the Act affected TESs.