Law and Labour Law Market Regulation in East Asia and Southern Africa: Comparative Perspectives

Fenwick, Colin; Kalula, Evance

doi:10.2139/ssrn.614704

Cited by 11 publications

(7 citation statements)

References 3 publications

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“…Importantly, this term was already used by a very early ILO Convention on the same subject, adopted in 1921. 12 Notwithstanding the crucial position that industrial work has occupied in the adoption of international labour standards, particularly the early ones (Fenwick and Kalula 2005;Teklè 2010), it cannot be ignored that the ILO constituents, even in the earliest days of the ILO, guided the establishment of some instruments beyond this field. Moreover, in doing so they took into account that in some sectors the nature of occupations far exceeds the scope of the employment relationship.…”

Section: Not As Simple As It Seems: Absence Of a Conclusivementioning

confidence: 99%

Not as simple as it seems: The ILO and the personal scope of international labour standards

Stefano

2021

International Labour Review

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This article examines the personal scope of the international labour standards of the ILO. It argues that they do not set out a universal definition of the terms “employee” or “employment relationship”. Instead, when the standards use such terms, their scope should be determined on a case‐by‐case basis and by referring to the travaux préparatoires and the opinions of the ILO supervisory bodies. This article closely analyses both the application of ILO fundamental Conventions by the supervisory bodies and the most recent ILO debates concerning the personal scope of international labour standards.

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Section: Not As Simple As It Seems: Absence Of a Conclusivementioning

confidence: 99%

Not as simple as it seems: The ILO and the personal scope of international labour standards

Stefano

2021

International Labour Review

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“…118 Migration has developed into a long-standing feature of the southern African region, particularly in relation to work in the agriculture and mining sectors. 119 A five-country study conducted in 2005 indicates that migration is regarded as a career rather than a localized event in southern Africa. 120 From an historical perspective, research suggests that cross-border trade and migration have made industrial development possible in the region.…”

Section: Suggestions and Conclusionmentioning

confidence: 99%

Social Protection Afforded to Irregular Migrant Workers: Thoughts on the Southern Africa Development Community (with Emphasis on Botswana and South Africa)

Eck¹,

Snyman

2015

J. Afr. law

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The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. It traverses the international, continental and regional instruments providing protection to irregular migrants, and considers the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa.The article concludes by recommending that the broader notion of "social protection", rather than the narrower concept of "social security", should be emphasized. Job creation programmes are essential. It suggests that the advantages of the free movement of people in the region should be explored and encouraged. The article also supports the notion that a regional policy that seeks to balance the flow of migrants in the Southern African Development Community should be adopted.

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“…This challenge is most experienced in the most volatile area of the labour market, the informal sector of the economy. Sadly, it has been evinced that the majority of the economically active population in the SADC region work in the informal sector (Fenwick & Kalula, 2004). Thus, those working in the formal sector of the labour market constitute a minimal percentage which means a standard employment arrangement is steadily melting away.…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Atypical or Non-Standard Work: A Challenge to Workers’ Protection in South Africa

Rapatsa¹

2014

MJSS

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Law and Labour Law Market Regulation in East Asia and Southern Africa: Comparative Perspectives

Cited by 11 publications

References 3 publications

Not as simple as it seems: The ILO and the personal scope of international labour standards

Not as simple as it seems: The ILO and the personal scope of international labour standards

Social Protection Afforded to Irregular Migrant Workers: Thoughts on the Southern Africa Development Community (with Emphasis on Botswana and South Africa)

Atypical or Non-Standard Work: A Challenge to Workers’ Protection in South Africa

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