A double-edged sword : the minimum wage and agrarian labour in the Eastern Cape, South Africa, 2003–2014
- Authors: Naidoo, Lalitha
- Date: 2021-04
- Subjects: Minimum wage -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape , Labor laws and legislation -- South Africa , Agricultural wages -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape -- Social conditions , Agricultural laborers -- Legal status, laws, etc. -- South Africa -- Eastern Cape , Agricultural laws and legislation -- South Africa -- Eastern Cape , Work environment -- South Africa -- Eastern Cape , Economics -- Sociological aspects , South Africa -- Politics and government -- 1994-
- Language: English
- Type: thesis , text , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/177111 , vital:42791 , 10.21504/10962/177115
- Description: Statutory wage setting and the extension of labour laws to the South African agrarian labour market are path-breaking events that altered the unilateral power which agrarian employers had, under apartheid, to set low wages and harsh employment conditions. Yet, economic sociologists have shown little interest in the agrarian minimum wage in South Africa. Consequently, little to no sociological perspectives are available on the way in which statutory wages shape the setting of actual agrarian wages, employment conditions, labour relations and working and living conditions. At the same time, economic sociology’s neglect of agrarian minimum wages perpetuates the dominance of economics in minimum wage research, as well as the narrow cost-benefit analysis, and firm and employer-centric focus, deployed by both opponents of minimum wages in the neoclassical economics camp and supporters in the heterodox economics camp. The firm-centric focus also applies to the few labour relations scholars who focus on minimum wages. As a result, a wide body of empirical information is available and concentrated in the Global North, on low-waged, urban-based firms’ employment and labour relations strategies with the occasioning of minimum wage laws, with scant to non-existing information on rural-based workers’ experiences in the Global South, at least in the case of South Africa. This thesis addresses the lacuna in existing research, specifically by concentrating on agrarian workers’ narratives of the outcomes of minimum wages on actual wages and conditions, and experiences at the site of production and in the sphere of expanded social reproduction. The conceptual framework of the thesis is rooted in a critical realist meta-theory which directs inquiry towards the search for underlying causes of events with a sensitivity to the interaction of structure and agency, so as to develop explanations of events, which in turn encourage emancipatory thought and praxis. Within this framework, a political economy perspective of the agrarian minimum wage is charted, founded on an inter-disciplinary approach that incorporates economic sociology perspectives, which view markets as socio-political constructs, alongside a Marxist analysis of wages and the distinction between the value of labour and the value of labour power. Also relevant are segmentation labour market models where the focus is on segmentation in labour supply, demand and regulation, and institutional economics that highlights labour’s weak bargaining power in low-waged labour markets. Based on this analytical perspective, the South African agrarian minimum wage is seen as a necessary intervention stemming from post-apartheid uneven neoliberal restructuring processes, to address extremely low agrarian wages that pose threats to the ongoing generation of agrarian labour power. Low agrarian wages are located in unequal power relations in the workplace and are embedded in the totality of the low-waged agrarian labour market, composed of particular features in the supply-side of the labour market (the sphere of social reproduction of labour), the demand-side of the labour market (the site of production), and the forces of regulation (the labour relations regime). The thesis explores new ways of conceptualising minimum wages in the South African context, placing emphasis on the local agrarian labour market, and it highlights the agency of agrarian labour by revealing their struggles, working life and living conditions. In so doing, the research expands inquiry beyond economic “impact” at the level of the firm/employer to examine: (a) workers’ employment trends before and after the minimum wage was introduced, (b) the extent of changes in working and living conditions and labour relations, (c) the scope for workers in animating changes and their struggles and challenges, and (d) shifts in actual wages in relation to prescribed wage rates. Focussing on the aforementioned aspects represents an attempt in this thesis to build on themes, raised in heterodox economics studies, of minimum wages and their relationship to the social devaluation of low-waged work, inequalities in bargaining power, and justice. Based on a stratified sample of workers that included, among other variables, sex, geographical area and agricultural sub-sectors, original data was collected through 52 in-depth interviews, two focus group interviews (comprised of 10 workers), and 501 surveyed workers. The research did not find widespread job losses when minimum wages were introduced, as per neoclassical economics’ predictions. Nor did it find transitions from low- to high-road approaches in employment strategies and labour relations, as claimed by certain heterodox economists. Instead, the findings at the sites of production corroborate the uneven, mixed and contradictory findings of applied heterodox minimum wage studies on employment strategies, labour relations and wage settings. In this light, it is concluded that the agrarian minimum wage had layered outcomes for workers based on key findings, which include: (a) the minimum wage became the maximum wage as actual wages increased and clustered at the prescribed wage rate; (b) a level of gender wage parity close to the level of the prevailing prescribed minimum wage was found, but an overall gendered pattern to low-waged employment surfaced and manifested differently at sub-sector and enterprise levels; (c) though no changes were found in the way work was organised and how workers executed their tasks alongside no fundamental changes in the social relations of production, statutory minimum wages and limitations on working hours did reduce the hours of work and the existence of unpaid overtime work in certain sub-sectors such as livestock and dairy workplaces, through worker and employer initiatives (yet, at the same time, work intensification in compressed working hours appeared in the sample in other worksites, for example citrus workplaces); (d) authoritarian labour relations existed in varying depths and forms, based on sub-sector and enterprise characteristics, which shaped the propensity and scope for worker action; and (e) the layered outcomes of the agrarian minimum wage were felt at the site of social reproduction, where it brought a measure of relief for sampled workers; however, it was chronically inadequate to allow workers to meet their subsistence needs comprehensively. The research findings also highlight sub-sectoral complexities in changing employment and labour relations strategies from low- to high-road approaches in the agrarian sector. The layered outcomes of minimum wages for agrarian workers stems from the combined and uneven amalgamation of pre-existing and new conditions and relations consequent to neoliberalising processes in the agrarian political economy as well as the low minimum wage-setting. The thesis thus argues that the mixed outcomes reflect the layered character of the minimum wage as a conversion factor, which in turn equates to a layered notion of justice. This is because, on the one hand, the minimum wage ameliorates the plight of agrarian labour but, on the other hand, and given the bulwark of authoritarianism, pre-existing conditions and neoliberalising processes, the collective vulnerabilities in the agrarian labour market have expanded and may be intensifying. The agrarian minimum wage acts as a double-edged sword in contexts of mixed and layered outcomes for agrarian labour. A layered perspective of the conversion factor of a minimum wage exposes the possibilities and limitations of statutory wages as a conversion factor, based on context, and identifies the limits and possibilities for worker mobilisation and action. In the case of this research, the agrarian minimum wage deals in limited fashion with the value of labour power because of the initial and subsequent low settings; the minimum wage does not deal with class exploitation and the value of labour, although it sets the frame for instigating basic labour standards. The implications of a layered conversion potential of low minimum wage-settings are profound for conceptualising, theorising and researching the link between statutory wages and justice, with respect to the value of labour power and the value of labour. Future research on the minimum wage based on a Marxist reading of wages and located in real labour markets, strengthens heterodox approaches by deepening theories on the relationship between statutory wages, justice and production. , Thesis (PhD) -- Faculty of Humanities, Department of Sociology, 2021
- Full Text:
- Date Issued: 2021-04
- Authors: Naidoo, Lalitha
- Date: 2021-04
- Subjects: Minimum wage -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape , Labor laws and legislation -- South Africa , Agricultural wages -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape -- Social conditions , Agricultural laborers -- Legal status, laws, etc. -- South Africa -- Eastern Cape , Agricultural laws and legislation -- South Africa -- Eastern Cape , Work environment -- South Africa -- Eastern Cape , Economics -- Sociological aspects , South Africa -- Politics and government -- 1994-
- Language: English
- Type: thesis , text , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/177111 , vital:42791 , 10.21504/10962/177115
- Description: Statutory wage setting and the extension of labour laws to the South African agrarian labour market are path-breaking events that altered the unilateral power which agrarian employers had, under apartheid, to set low wages and harsh employment conditions. Yet, economic sociologists have shown little interest in the agrarian minimum wage in South Africa. Consequently, little to no sociological perspectives are available on the way in which statutory wages shape the setting of actual agrarian wages, employment conditions, labour relations and working and living conditions. At the same time, economic sociology’s neglect of agrarian minimum wages perpetuates the dominance of economics in minimum wage research, as well as the narrow cost-benefit analysis, and firm and employer-centric focus, deployed by both opponents of minimum wages in the neoclassical economics camp and supporters in the heterodox economics camp. The firm-centric focus also applies to the few labour relations scholars who focus on minimum wages. As a result, a wide body of empirical information is available and concentrated in the Global North, on low-waged, urban-based firms’ employment and labour relations strategies with the occasioning of minimum wage laws, with scant to non-existing information on rural-based workers’ experiences in the Global South, at least in the case of South Africa. This thesis addresses the lacuna in existing research, specifically by concentrating on agrarian workers’ narratives of the outcomes of minimum wages on actual wages and conditions, and experiences at the site of production and in the sphere of expanded social reproduction. The conceptual framework of the thesis is rooted in a critical realist meta-theory which directs inquiry towards the search for underlying causes of events with a sensitivity to the interaction of structure and agency, so as to develop explanations of events, which in turn encourage emancipatory thought and praxis. Within this framework, a political economy perspective of the agrarian minimum wage is charted, founded on an inter-disciplinary approach that incorporates economic sociology perspectives, which view markets as socio-political constructs, alongside a Marxist analysis of wages and the distinction between the value of labour and the value of labour power. Also relevant are segmentation labour market models where the focus is on segmentation in labour supply, demand and regulation, and institutional economics that highlights labour’s weak bargaining power in low-waged labour markets. Based on this analytical perspective, the South African agrarian minimum wage is seen as a necessary intervention stemming from post-apartheid uneven neoliberal restructuring processes, to address extremely low agrarian wages that pose threats to the ongoing generation of agrarian labour power. Low agrarian wages are located in unequal power relations in the workplace and are embedded in the totality of the low-waged agrarian labour market, composed of particular features in the supply-side of the labour market (the sphere of social reproduction of labour), the demand-side of the labour market (the site of production), and the forces of regulation (the labour relations regime). The thesis explores new ways of conceptualising minimum wages in the South African context, placing emphasis on the local agrarian labour market, and it highlights the agency of agrarian labour by revealing their struggles, working life and living conditions. In so doing, the research expands inquiry beyond economic “impact” at the level of the firm/employer to examine: (a) workers’ employment trends before and after the minimum wage was introduced, (b) the extent of changes in working and living conditions and labour relations, (c) the scope for workers in animating changes and their struggles and challenges, and (d) shifts in actual wages in relation to prescribed wage rates. Focussing on the aforementioned aspects represents an attempt in this thesis to build on themes, raised in heterodox economics studies, of minimum wages and their relationship to the social devaluation of low-waged work, inequalities in bargaining power, and justice. Based on a stratified sample of workers that included, among other variables, sex, geographical area and agricultural sub-sectors, original data was collected through 52 in-depth interviews, two focus group interviews (comprised of 10 workers), and 501 surveyed workers. The research did not find widespread job losses when minimum wages were introduced, as per neoclassical economics’ predictions. Nor did it find transitions from low- to high-road approaches in employment strategies and labour relations, as claimed by certain heterodox economists. Instead, the findings at the sites of production corroborate the uneven, mixed and contradictory findings of applied heterodox minimum wage studies on employment strategies, labour relations and wage settings. In this light, it is concluded that the agrarian minimum wage had layered outcomes for workers based on key findings, which include: (a) the minimum wage became the maximum wage as actual wages increased and clustered at the prescribed wage rate; (b) a level of gender wage parity close to the level of the prevailing prescribed minimum wage was found, but an overall gendered pattern to low-waged employment surfaced and manifested differently at sub-sector and enterprise levels; (c) though no changes were found in the way work was organised and how workers executed their tasks alongside no fundamental changes in the social relations of production, statutory minimum wages and limitations on working hours did reduce the hours of work and the existence of unpaid overtime work in certain sub-sectors such as livestock and dairy workplaces, through worker and employer initiatives (yet, at the same time, work intensification in compressed working hours appeared in the sample in other worksites, for example citrus workplaces); (d) authoritarian labour relations existed in varying depths and forms, based on sub-sector and enterprise characteristics, which shaped the propensity and scope for worker action; and (e) the layered outcomes of the agrarian minimum wage were felt at the site of social reproduction, where it brought a measure of relief for sampled workers; however, it was chronically inadequate to allow workers to meet their subsistence needs comprehensively. The research findings also highlight sub-sectoral complexities in changing employment and labour relations strategies from low- to high-road approaches in the agrarian sector. The layered outcomes of minimum wages for agrarian workers stems from the combined and uneven amalgamation of pre-existing and new conditions and relations consequent to neoliberalising processes in the agrarian political economy as well as the low minimum wage-setting. The thesis thus argues that the mixed outcomes reflect the layered character of the minimum wage as a conversion factor, which in turn equates to a layered notion of justice. This is because, on the one hand, the minimum wage ameliorates the plight of agrarian labour but, on the other hand, and given the bulwark of authoritarianism, pre-existing conditions and neoliberalising processes, the collective vulnerabilities in the agrarian labour market have expanded and may be intensifying. The agrarian minimum wage acts as a double-edged sword in contexts of mixed and layered outcomes for agrarian labour. A layered perspective of the conversion factor of a minimum wage exposes the possibilities and limitations of statutory wages as a conversion factor, based on context, and identifies the limits and possibilities for worker mobilisation and action. In the case of this research, the agrarian minimum wage deals in limited fashion with the value of labour power because of the initial and subsequent low settings; the minimum wage does not deal with class exploitation and the value of labour, although it sets the frame for instigating basic labour standards. The implications of a layered conversion potential of low minimum wage-settings are profound for conceptualising, theorising and researching the link between statutory wages and justice, with respect to the value of labour power and the value of labour. Future research on the minimum wage based on a Marxist reading of wages and located in real labour markets, strengthens heterodox approaches by deepening theories on the relationship between statutory wages, justice and production. , Thesis (PhD) -- Faculty of Humanities, Department of Sociology, 2021
- Full Text:
- Date Issued: 2021-04
The impact of labour legislation on selected small firms in Mbombela (Nelspruit)
- Authors: Dlamini, Sikhulile Blessing
- Date: 2021
- Subjects: Labor laws and legislation -- South Africa , Small business -- Law and legislation-- South Afric , Small business -- South Africa -- Mbombela -- Case studies
- Language: English
- Type: text , Thesis , Masters , MSocSci
- Identifier: http://hdl.handle.net/10962/170781 , vital:41959
- Description: This study uses the theoretical framework of industrial relations pluralism, to study and analyse the impacts of labour legislation on six small firms (employing less than 50 workers) based in Mbombela (formerly Nelspruit), Mpumalanga province, South Africa. The analysis is based on the viewpoints of six managers and how they see the impacts of labour legislation on their respective firms. The analysis is aided by utilising theory and literature to make sense of the manager perspectives on the topic. Also, utilising a qualitative research design to collect and analyse the data, the study presents diverse findings in terms of how the participants perceived and experienced certain types of legislation. Some managers believed that the benefits of labour legislation outweighed the costs. While others believed the exact opposite. At an overall level, the study revealed that most of the participants were not as severely affected by labour legislation as might be expected; given the scarcity of resources in most small firms. This was partly because of various coping strategies and practices (mostly involving the use of informal procedures) that were adopted by the firms. Also, some small firms who aimed at expanding their businesses strategised to adopt some formal procedures and practices in order to easily absorb labour legislation and subsequently mordenise their businesses in the process. While a few firms persisted with more informal customs as they appeared cost-effective and necessary in their particular market positioning.
- Full Text:
- Date Issued: 2021
- Authors: Dlamini, Sikhulile Blessing
- Date: 2021
- Subjects: Labor laws and legislation -- South Africa , Small business -- Law and legislation-- South Afric , Small business -- South Africa -- Mbombela -- Case studies
- Language: English
- Type: text , Thesis , Masters , MSocSci
- Identifier: http://hdl.handle.net/10962/170781 , vital:41959
- Description: This study uses the theoretical framework of industrial relations pluralism, to study and analyse the impacts of labour legislation on six small firms (employing less than 50 workers) based in Mbombela (formerly Nelspruit), Mpumalanga province, South Africa. The analysis is based on the viewpoints of six managers and how they see the impacts of labour legislation on their respective firms. The analysis is aided by utilising theory and literature to make sense of the manager perspectives on the topic. Also, utilising a qualitative research design to collect and analyse the data, the study presents diverse findings in terms of how the participants perceived and experienced certain types of legislation. Some managers believed that the benefits of labour legislation outweighed the costs. While others believed the exact opposite. At an overall level, the study revealed that most of the participants were not as severely affected by labour legislation as might be expected; given the scarcity of resources in most small firms. This was partly because of various coping strategies and practices (mostly involving the use of informal procedures) that were adopted by the firms. Also, some small firms who aimed at expanding their businesses strategised to adopt some formal procedures and practices in order to easily absorb labour legislation and subsequently mordenise their businesses in the process. While a few firms persisted with more informal customs as they appeared cost-effective and necessary in their particular market positioning.
- Full Text:
- Date Issued: 2021
‘Regulated Flexibility’ and labour market regulation: a case Study of Twizza Soft Drinks in the Eastern Cape, South Africa
- Authors: Flatau, Scott
- Date: 2020
- Subjects: Labor market -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa -- Case studies
- Language: English
- Type: text , Thesis , Masters , MSocSc
- Identifier: http://hdl.handle.net/10962/141288 , vital:37959
- Description: Following the negotiated settlement, which led to the ANC assuming power in South Africa in1994, debates concerning the nature of the South African labour market ensued between policy makers and economists alike. Central to understanding the South African labour market was the policy objective of regulated flexibility that has guided the formation of labour legislation in the post-1994 period, including the Labour Relations Act of 1995, the Basic Conditions of Employment Act of 1997, the Employment Equity Act of 1998 and the Skills Development Act of 1998. Regulated flexibility attempts to accommodate the interests of the employer for flexibility and the interests of the employee in regulation or security. These four Acts and the relevant provisions contained within them are the central focus of this research paper, in particular how they affect the case study firm Twizza Soft Drinks. An interpretivist approach was utilised as the preferred research methodology with in-depth, semi-structured interviews being the primary source of data collection. This research paper attempts to situate more clearly the impact of South Africa’s macro-economic policies since 1994 on labour market policy and undertakes an exploration of internal dynamics of firms in response to exogenous factors, such as government regulation. The key finding suggest that some Acts (BCEA, LRA) do not impose a significant burden on the firm and some provisions can lead to beneficial outcomes such as business modernisation and the adoption of formal Human Resource Practices. Conversely, some provisions contained in the EEA increase the administrative burden and therefore increase the indirect cost on the firm.
- Full Text:
- Date Issued: 2020
- Authors: Flatau, Scott
- Date: 2020
- Subjects: Labor market -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa -- Case studies
- Language: English
- Type: text , Thesis , Masters , MSocSc
- Identifier: http://hdl.handle.net/10962/141288 , vital:37959
- Description: Following the negotiated settlement, which led to the ANC assuming power in South Africa in1994, debates concerning the nature of the South African labour market ensued between policy makers and economists alike. Central to understanding the South African labour market was the policy objective of regulated flexibility that has guided the formation of labour legislation in the post-1994 period, including the Labour Relations Act of 1995, the Basic Conditions of Employment Act of 1997, the Employment Equity Act of 1998 and the Skills Development Act of 1998. Regulated flexibility attempts to accommodate the interests of the employer for flexibility and the interests of the employee in regulation or security. These four Acts and the relevant provisions contained within them are the central focus of this research paper, in particular how they affect the case study firm Twizza Soft Drinks. An interpretivist approach was utilised as the preferred research methodology with in-depth, semi-structured interviews being the primary source of data collection. This research paper attempts to situate more clearly the impact of South Africa’s macro-economic policies since 1994 on labour market policy and undertakes an exploration of internal dynamics of firms in response to exogenous factors, such as government regulation. The key finding suggest that some Acts (BCEA, LRA) do not impose a significant burden on the firm and some provisions can lead to beneficial outcomes such as business modernisation and the adoption of formal Human Resource Practices. Conversely, some provisions contained in the EEA increase the administrative burden and therefore increase the indirect cost on the firm.
- Full Text:
- Date Issued: 2020
The effects of labour law on small firms in South Africa : perceptions of employers in the hospitality sector in Pretoria, Gauteng
- Authors: MacNeill, Jessica Dawn
- Date: 2015
- Subjects: Labor laws and legislation -- South Africa , Small business -- South Africa -- Pretoria , Small business -- South Africa -- Pretoria -- Personnel management , Hospitality industry -- South Africa -- Pretoria -- Personnel management , Manpower policy -- South Africa
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3405 , http://hdl.handle.net/10962/d1018934
- Description: The South African government has attempted to find a balance of interests between the employer and the employee by the introduction of the Labour Relations Act in 1995 and the Basic Conditions of Employment Act in 1997. It is critical to the health of the South African economy that these labour laws do not impact small businesses to the extent that the Gross Domestic Product of the country is negatively affected. There are conflicting reports as to how these labour laws affect small businesses. It is therefore important for government to be able to understand, define and measure the impact of its labour laws on small businesses, in order for it to strategise corrective measures, which may include reconsidering the application of the legislative directive, regulated flexibility, if required. The study was limited in the sense that it was solely based on evidence collected from employers. An interpretivist approach was applied as a research methodology to data collected through in-depth interviews. The main findings of the empirical analysis demonstrate that labour legislation does not heavily impact small firms. It was thus determined that extensive measures were not needed with regard to correcting the framework of regulated flexibility.
- Full Text:
- Date Issued: 2015
- Authors: MacNeill, Jessica Dawn
- Date: 2015
- Subjects: Labor laws and legislation -- South Africa , Small business -- South Africa -- Pretoria , Small business -- South Africa -- Pretoria -- Personnel management , Hospitality industry -- South Africa -- Pretoria -- Personnel management , Manpower policy -- South Africa
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3405 , http://hdl.handle.net/10962/d1018934
- Description: The South African government has attempted to find a balance of interests between the employer and the employee by the introduction of the Labour Relations Act in 1995 and the Basic Conditions of Employment Act in 1997. It is critical to the health of the South African economy that these labour laws do not impact small businesses to the extent that the Gross Domestic Product of the country is negatively affected. There are conflicting reports as to how these labour laws affect small businesses. It is therefore important for government to be able to understand, define and measure the impact of its labour laws on small businesses, in order for it to strategise corrective measures, which may include reconsidering the application of the legislative directive, regulated flexibility, if required. The study was limited in the sense that it was solely based on evidence collected from employers. An interpretivist approach was applied as a research methodology to data collected through in-depth interviews. The main findings of the empirical analysis demonstrate that labour legislation does not heavily impact small firms. It was thus determined that extensive measures were not needed with regard to correcting the framework of regulated flexibility.
- Full Text:
- Date Issued: 2015
A critical analysis of employment equity measures in South Africa
- Authors: Laher, Ismail
- Date: 2007
- Subjects: South Africa. Employment Equity Act, 1998 , Labor laws and legislation -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3680 , http://hdl.handle.net/10962/d1003195 , South Africa. Employment Equity Act, 1998 , Labor laws and legislation -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Description: This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.
- Full Text:
- Date Issued: 2007
- Authors: Laher, Ismail
- Date: 2007
- Subjects: South Africa. Employment Equity Act, 1998 , Labor laws and legislation -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3680 , http://hdl.handle.net/10962/d1003195 , South Africa. Employment Equity Act, 1998 , Labor laws and legislation -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Description: This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.
- Full Text:
- Date Issued: 2007
An examination of employee participation as provided for in the Labour Relations Act 66 of 1995
- Authors: Khoza, Francisco Jabulani
- Date: 1999
- Subjects: Decision making , Management -- Employee participation , Labor laws and legislation -- South Africa , South Africa. Labour Relations Act, 1995
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3676 , http://hdl.handle.net/10962/d1003191 , Decision making , Management -- Employee participation , Labor laws and legislation -- South Africa , South Africa. Labour Relations Act, 1995
- Description: The thesis covers the field of labour law known as employee participation in decision-making. It deals with the examination of the extent to which the Labour Relations Act 66 of 1995 (the Act) promotes employee participation in decision-making. Firstly, the analysis shows that employee participation in decision-making is an aspect of democracy, which is translated into industrial democracy in industrial relations. In South Africa the philosophical foundation of employee participation is supported by the Constitution of the Republic of South Africa Act 108 of 1996 which embodies democratic values permeating all areas of the law including labour law. Secondly, the study elucidates the jurisprudential background of employee participation in South Africa. There is evidence of the development of some principles of participation like consultation; information disclosure; and the existence of participatory forums like works councils under the LRA 28 of 1956. Thirdly, in evaluating the extent to which the LRA 66 of 1995 promotes employee participation, the following aspects are covered: the relevance and contribution of information disclosure; the effect of consultation prior to dismissal for operational requirements; the role of collective bargaining; and the contribution of workplace forums. The conclusion is reached that all the foregoing aspects of the LRA 66 of 1995 will contribute to the promotion of employee participation in decision-making. The Labour Court and the Commission for Conciliation Mediation and Arbitration can also ensure that in interpreting the Act employee participation is promoted where appropriate. Finally, employers and employees will have to accept this necessary partnership for the entrenchment of employee participation in decision-making.
- Full Text:
- Date Issued: 1999
- Authors: Khoza, Francisco Jabulani
- Date: 1999
- Subjects: Decision making , Management -- Employee participation , Labor laws and legislation -- South Africa , South Africa. Labour Relations Act, 1995
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3676 , http://hdl.handle.net/10962/d1003191 , Decision making , Management -- Employee participation , Labor laws and legislation -- South Africa , South Africa. Labour Relations Act, 1995
- Description: The thesis covers the field of labour law known as employee participation in decision-making. It deals with the examination of the extent to which the Labour Relations Act 66 of 1995 (the Act) promotes employee participation in decision-making. Firstly, the analysis shows that employee participation in decision-making is an aspect of democracy, which is translated into industrial democracy in industrial relations. In South Africa the philosophical foundation of employee participation is supported by the Constitution of the Republic of South Africa Act 108 of 1996 which embodies democratic values permeating all areas of the law including labour law. Secondly, the study elucidates the jurisprudential background of employee participation in South Africa. There is evidence of the development of some principles of participation like consultation; information disclosure; and the existence of participatory forums like works councils under the LRA 28 of 1956. Thirdly, in evaluating the extent to which the LRA 66 of 1995 promotes employee participation, the following aspects are covered: the relevance and contribution of information disclosure; the effect of consultation prior to dismissal for operational requirements; the role of collective bargaining; and the contribution of workplace forums. The conclusion is reached that all the foregoing aspects of the LRA 66 of 1995 will contribute to the promotion of employee participation in decision-making. The Labour Court and the Commission for Conciliation Mediation and Arbitration can also ensure that in interpreting the Act employee participation is promoted where appropriate. Finally, employers and employees will have to accept this necessary partnership for the entrenchment of employee participation in decision-making.
- Full Text:
- Date Issued: 1999
Insubordination in the workplace
- Authors: Chadd, Kevin Mark
- Date: 1999
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3668 , http://hdl.handle.net/10962/d1003183 , Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Description: This thesis traces the development of insubordination in the employment relationship. The essence of the relationship is that the employee, by contracting out his or her productive capacity, occupies a subordinate position. The primary aim is to locate and define the nature of subordination and to investigate how the breach of this position would justify dismissal as interpreted and applied by the courts. This is achieved by investigating dismissal for insubordination under the common law contract of employment, the unfair labour practice jurisdiction and the 1995 Labour Relations Act. Initially the obligation of the employee to be subordinate, an essential term of the contract of employment, is located and defined by using the tests of Control, Organisation and Dominant Impression, which theoretically indicate the true nature of insubordination. Insubordination under the common law is equated with disobedience to the lawful and reasonable instructions of the employer which were given in good faith and fell squarely within the contractual relationship. Insubordination under the unfair labour practice jurisdiction was equated with a challenge to the authority of the employer of which disobedience was a manifestation of such intention. Instructions given by the employer under the unfair labour practice jurisdiction had to be lawful, reasonable and fair. What was fair depended on the surrounding circumstances of the dismissal and a wilful and unreasonable refusal of the employee to obey the valid instructions of the employer justified dismissal Under the 1995 Labour Relations Act it is submitted that insubordination will be dealt with in essentially the same manner as under the previous jurisdiction, subject to the Act's objectives and purposes. The disobedience of the employee is to be tolerated if that employee is attempting to achieve the Act's objectives, and any dismissal as a result of the disobedience could be unfair, because the employer's conduct fiustrates the purpose of the Act. Therefore, the contractual right of the employer to expect subordination from the employee may have been whittled away to such an extent over time that it seems superficial to regard subordination as an essential term of the contract of employment.
- Full Text:
- Date Issued: 1999
- Authors: Chadd, Kevin Mark
- Date: 1999
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3668 , http://hdl.handle.net/10962/d1003183 , Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Description: This thesis traces the development of insubordination in the employment relationship. The essence of the relationship is that the employee, by contracting out his or her productive capacity, occupies a subordinate position. The primary aim is to locate and define the nature of subordination and to investigate how the breach of this position would justify dismissal as interpreted and applied by the courts. This is achieved by investigating dismissal for insubordination under the common law contract of employment, the unfair labour practice jurisdiction and the 1995 Labour Relations Act. Initially the obligation of the employee to be subordinate, an essential term of the contract of employment, is located and defined by using the tests of Control, Organisation and Dominant Impression, which theoretically indicate the true nature of insubordination. Insubordination under the common law is equated with disobedience to the lawful and reasonable instructions of the employer which were given in good faith and fell squarely within the contractual relationship. Insubordination under the unfair labour practice jurisdiction was equated with a challenge to the authority of the employer of which disobedience was a manifestation of such intention. Instructions given by the employer under the unfair labour practice jurisdiction had to be lawful, reasonable and fair. What was fair depended on the surrounding circumstances of the dismissal and a wilful and unreasonable refusal of the employee to obey the valid instructions of the employer justified dismissal Under the 1995 Labour Relations Act it is submitted that insubordination will be dealt with in essentially the same manner as under the previous jurisdiction, subject to the Act's objectives and purposes. The disobedience of the employee is to be tolerated if that employee is attempting to achieve the Act's objectives, and any dismissal as a result of the disobedience could be unfair, because the employer's conduct fiustrates the purpose of the Act. Therefore, the contractual right of the employer to expect subordination from the employee may have been whittled away to such an extent over time that it seems superficial to regard subordination as an essential term of the contract of employment.
- Full Text:
- Date Issued: 1999
Economic dualism and labour re-allocation in South Africa, 1917-1970
- Authors: Hindson, Douglas Carlisle
- Date: 1975
- Subjects: Labor policy -- South Africa -- History -- 20th century , Labor laws and legislation -- South Africa , Labor economics -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:1090 , http://hdl.handle.net/10962/d1012294 , Labor policy -- South Africa -- History -- 20th century , Labor laws and legislation -- South Africa , Labor economics -- South Africa
- Description: The central concern of this study is to analyse how the pattern of development in South Africa has influenced the long term growth of productive employment in the economy. The approach adopted is to appply a model of economic dualism to the South African case. Chapter 1, p. 1.
- Full Text:
- Date Issued: 1975
- Authors: Hindson, Douglas Carlisle
- Date: 1975
- Subjects: Labor policy -- South Africa -- History -- 20th century , Labor laws and legislation -- South Africa , Labor economics -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:1090 , http://hdl.handle.net/10962/d1012294 , Labor policy -- South Africa -- History -- 20th century , Labor laws and legislation -- South Africa , Labor economics -- South Africa
- Description: The central concern of this study is to analyse how the pattern of development in South Africa has influenced the long term growth of productive employment in the economy. The approach adopted is to appply a model of economic dualism to the South African case. Chapter 1, p. 1.
- Full Text:
- Date Issued: 1975
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