3 at 3. 2 Olivier and Mpedi "The extension of social protection to non-formal sector workersexperiences from SADC and the Caribbean" (2005) 19 Zeitschrift für ausländisches und internationales Arbeits-und Sozialrecht (ZIAS) 144 at 150-152. 3 Ibid. 4 Ibid. 7 Van Ginneken "Extending social security: Policies for developing countries" (ESS Paper No 13, 2003) 9. See, however, the discussion in par 3 below. 8 Some authors caution that demands by informal workers for better security and protection "can easily lead to increased vulnerability of employment-as they can be easily replaced": Chen, Jhabvala and Lund "Supporting workers in the informal economy: A policy framework" Employment Sector Working Paper on the Informal Economy (ILO 2002/2) 36. However, the authors then continue to plead the case for social protection for informal economy workers on two grounds: "first and foremost, in terms of their basic human rights; and second, on the grounds that a healthier and more secure work force increases productivity".

This paper takes as its starting point the fact that atypical employment and work in informal sector is a growing rather than a passing phenomenon, especially in developing countries. In countries such as South Africa, ‘atypical’ employment is in fact typical for sectors such as domestic labour, the construction industry and agriculture. With union coverage for atypical workers at extremely low levels, unions need to focus not just on wage negotiations with employers, but also on social and political bargaining in favour of legislation to promote labour and social protection, such as the Unorganised Workers’ Social Security of 2008 in India. The paper also highlights the role of mutual aid associations, such as the Self-Employed Women’s Association (SEWA) in India, and the unsuccessful attempt to replicate this experience with the Self-Employed Women’s Union (SEWU) in South Africa. In addition to India and South Africa, the paper casts light on recent developments in Namibia and Tanzania, and points to the low level of ratification of International Labour Organization (ILO) Conventions in developing countries. The authors argue in their conclusions that labour law must be adapted and extended to protect all those in need of protection, meaning that labour law (including international labour law) must reinvent itself to remain relevant.

No abstract

The tragic events at the Marikana mine ( North-West Province, South Africa) in 2012 again underlined the vast inequalities that persist in South African society. Significant income differentials and disparities in quality of life remain pervasive in society, regardless of the fact that the statutory framework addresses unfair discrimination during recruitment, employment and termination. The South African regulatory framework extends beyond the workplace as a result of the Constitution that includes a Bill of Rights, along with generally applicable equality provisions, skills developments legislation, black economic empowerment legislation and sector-specific codes of conduct and charters. Regardless of this vast regulatory system, the achievement of equality or, arguably, a socially just society remains an elusive ideal for many South Africans. This contribution provides a brief overview of the statutory framework for promoting equality and preventing and eliminating unfair discrimination in South African workplaces. The contribution will highlight certain challenges that remain in the area of labour equality laws with regard to conceptual and application issues, and will argue that labour law in itself cannot address the problems facing a highly unequal society such as South Africa. However, where there are other non-discrimination laws and empowering statutes in place, greater emphasis must be placed on the coordination and integration of all relevant statutory instruments and on cultivating fundamental values and rights across the wide spectrum of society.

The majority of domestic workers in South Africa are (black African) women. As long as women do not have the freedom to make their labour market choices, it cannot be said that they are empowered. Ideally, a move away from vulnerable employment into wage and salaried work would contribute towards the empowerment of women. However, the move from the agricultural sector to the services sector in private households hides the limited nature of women's empowerment. This article examines to what degree domestic workers in South Africa are afforded decent work institutionally. To this end, it considers four main challenges. First, the employment deficit: this means that people cannot find work or business opportunities in the formal economy. Second, the representational deficit: due to being unorganized, informal economy workers are excluded from (or under-represented in) social dialogue institutions and processes. Third, the rights deficit: workers' rights relating to freedom of association, collective bargaining, absence of forced labour, and discrimination are insufficient or non-existent. Fourth, the social protection deficit: clearly even though the workers in the domestic sector and informal economy are most in need of social protection, they are unable to access formal social protection schemes due to membership and contribution issues. It has been argued that when attempting to give meaning to the Decent Work Agenda, one may have regard to four strategic objectives, namely, promoting and realizing standards and fundamental principles and rights at work, creating opportunities for women (and men) to secure decent employment and income, enhancing the coverage and effectiveness of social protection for all, and strengthening tripartism and social dialogue. This paper analyses and critically evaluates how these strategic objectives have been pursued with respect to domestic workers and to what extent they have been achieved.