Application of section 197 of the Labour Relations Act in an insourcing context
- Authors: Mahlati, Nomphelo Miliswa
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47392 , vital:39974
- Description: The last two decades have been characterised by a phenomenal rise in the outsourcing of services to external service providers. The driver of this trend has been largely economic, since outsourcing offers more competitive price points for the same service at a comparable service level. Beyond the cost saving objective, the rationale for outsourcing has been to drive core strategy. However, with the economic slowdown, declining consumption and production are forcing entrepreneurs to change their way of thinking about the management of companies. Notably, in recent years there has been a small but a growing reversal of this trend where companies that have previously outsourced functions are being brought back in-house. One of the major concerns surrounding these changes of business strategies is the extent to which the employee rights are safeguarded.
- Full Text:
- Date Issued: 2020
- Authors: Mahlati, Nomphelo Miliswa
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47392 , vital:39974
- Description: The last two decades have been characterised by a phenomenal rise in the outsourcing of services to external service providers. The driver of this trend has been largely economic, since outsourcing offers more competitive price points for the same service at a comparable service level. Beyond the cost saving objective, the rationale for outsourcing has been to drive core strategy. However, with the economic slowdown, declining consumption and production are forcing entrepreneurs to change their way of thinking about the management of companies. Notably, in recent years there has been a small but a growing reversal of this trend where companies that have previously outsourced functions are being brought back in-house. One of the major concerns surrounding these changes of business strategies is the extent to which the employee rights are safeguarded.
- Full Text:
- Date Issued: 2020
Essential services in light of the 2014 Labour Law amendments
- Authors: Seshoka, Lesiba Job
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47427 , vital:39990
- Description: The topic of the treatise is “Essential Services in light of the 2014 Labour Law amendments”. It aims to investigate the state of essential services in the wake of the 2014 changes to the Labour Relations Act. As Pillay1 puts it, Furthermore, 15 years under our new essential services regime, it is time for reflection to preserve and improve what works and to fix what does not. The treatment of essential services is not playing as planned. In the meantime, notwithstanding the prohibition of strikes in essential services, they occur with disconcerting frequency, duration and intensity”. From these, one can deduce that prior to the changes effected in 2014, there have been serious challenges facing essential service personnel and employers which necessitated a change in legislation. The question, which this treatise tries to answer, is whether such change in legislation would in all likelihood addresses the challenges, which faced essential service employers and employees before it was enacted.
- Full Text:
- Date Issued: 2020
- Authors: Seshoka, Lesiba Job
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47427 , vital:39990
- Description: The topic of the treatise is “Essential Services in light of the 2014 Labour Law amendments”. It aims to investigate the state of essential services in the wake of the 2014 changes to the Labour Relations Act. As Pillay1 puts it, Furthermore, 15 years under our new essential services regime, it is time for reflection to preserve and improve what works and to fix what does not. The treatment of essential services is not playing as planned. In the meantime, notwithstanding the prohibition of strikes in essential services, they occur with disconcerting frequency, duration and intensity”. From these, one can deduce that prior to the changes effected in 2014, there have been serious challenges facing essential service personnel and employers which necessitated a change in legislation. The question, which this treatise tries to answer, is whether such change in legislation would in all likelihood addresses the challenges, which faced essential service employers and employees before it was enacted.
- Full Text:
- Date Issued: 2020
Non-standard employment in terms of the labour relations act
- Authors: Tatchell, Veronique
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa , South Africa -- Labour Relations Act, 1995 , Flexible work arrangements -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/49027 , vital:41594
- Description: Historically, employers utilised non-standard or atypical forms of employment in order to avoid statutory obligations in respect of these employees, and in turn justify differential treatment of said employees.1 As a result, non-standard employees were not on the same footing as their permanent counterparts. They were not remunerated on the same level, were not privy to advancement and training opportunities, and did not enjoy a sense of job security due to the ease at which their employment could be terminated, rendering them a vulnerable class of workers.2 There was pandemonium in the employment sphere of society due to the abusive practices faced by employees employed in terms of Temporary Employment Services, this was accompanied by a call to ban labour broking. The legislature, while acknowledging the important role that this form of employment plays in the labour market and broader economy, opted for increased regulation of this and other types of non-standard employment; instead of an outright ban. As a result thereof, the Labour Relations Act3 was amended by the Labour Relations Amendment Act,4 with a view of improving the regulation and protection of employees engaged in these forms of non-standard or atypical employment. This study seeks to determine whether the amendments have achieved the purpose of enhancing the job security of these employees.
- Full Text:
- Date Issued: 2020
- Authors: Tatchell, Veronique
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa , South Africa -- Labour Relations Act, 1995 , Flexible work arrangements -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/49027 , vital:41594
- Description: Historically, employers utilised non-standard or atypical forms of employment in order to avoid statutory obligations in respect of these employees, and in turn justify differential treatment of said employees.1 As a result, non-standard employees were not on the same footing as their permanent counterparts. They were not remunerated on the same level, were not privy to advancement and training opportunities, and did not enjoy a sense of job security due to the ease at which their employment could be terminated, rendering them a vulnerable class of workers.2 There was pandemonium in the employment sphere of society due to the abusive practices faced by employees employed in terms of Temporary Employment Services, this was accompanied by a call to ban labour broking. The legislature, while acknowledging the important role that this form of employment plays in the labour market and broader economy, opted for increased regulation of this and other types of non-standard employment; instead of an outright ban. As a result thereof, the Labour Relations Act3 was amended by the Labour Relations Amendment Act,4 with a view of improving the regulation and protection of employees engaged in these forms of non-standard or atypical employment. This study seeks to determine whether the amendments have achieved the purpose of enhancing the job security of these employees.
- Full Text:
- Date Issued: 2020
‘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
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