Income inequality is prevalent in both developed and developing countries. In all of these countries there are workers who are highly paid while others are given very low wages. The disgruntled low-paid workers in these countries usually force their governments to intervene in the labour market and introduce the redistributive policies like the minimum wage policy. Governments usually accede to these demands of low-paid workers because they do not want to invite political troubles. That led to an increase in the number of countries using minimum wage policy as redistributive mechanism in the late 20th century and the beginning of the 21st century. Minimum wage policy is, however, a very controversial issue. Supporters of minimum wages regard the policy as ideal because it provides social protection to un-unionised and low-paid workers with little or no bargaining power. The opponents of the policy on the other hand argue that wages in the labour market should be determined by the forces of demand and supply. It is argued that wages that are artificially determined lead to the rationing of jobs and displacement of the very same low-paid workers that the policy is intended to protect, as employers are forced to replace unskilled workers with skilled workers and machines. South Africa’s agricultural sector workers were among some of the least paid workers in the country. Employers were able to exploit these workers because they were not protected by any labour legislation that workers in other sectors were afforded. Farm workers were only protected by common law. It was only in the 1990s that labour legislations like Basic Conditions of Employment Act, Labour Relations Act, Employment Equity Act, Extension of Security Act and Tenure Act and Skills Development Act were extended to the agricultural sector in an attempt to protect the working conditions of vulnerable workers. These acts as well failed to improve the working conditions of the agricultural sector workers and that prompted the Minister of Labour to instruct the Director-General of Labour to conduct the necessary investigations to see if it could be necessary to introduce minimum standard of employment in the sector, including minimum wages. That led to the adoption of Sectoral Determination 8 of 2003 which introduced sectoral minimum wage in the sector. The sectoral minimum wage which came into effect in 2003 was increased annually by the rate of inflation plus one per cent. It was only in 2013, after the Western Cape farm workers went on strike for higher wages, that the minimum wage was raised by 52 per cent. As argued by the opponents of minimum wages, job losses occurred among unskilled workers. The implementation of minimum wage policy in the agricultural sector was problematic, as the policy was not properly complied with due to several compliance concerns. Apart from there being insufficient inspectors to monitor and investigate cases of non-compliance, inspectors were under-trained and under-equipped. Fines imposed on offenders were too small, which further encouraged disregard for the policy. / Economics / M. Com. (Economics)

This dissertation analyses, in a comparative perspective collective agreements entered into in Belgium and in South Africa in the private sector. It is divided into three parts: Belgian law, South African law and a comparative perspective. Each part adopts the same format: it comprises a historical survey, a description of the parties to collective agreements, the forums in which collective bargaining takes place and an analysis of collective agreements, focusing on the nature of their binding force. Because Belgian law prohibits agency shop and closed shop agreements, on the basis of the freedom of association, no reference has been made to these agreements, even though they are permitted in South Africa and are regarded as collective agreements. This dissertation does not deal with collective agreements entered into to regulate terms and conditions of employment in the public sector as state employees in Belgium are excluded from the scope of labour law and have their employment relationship governed by administrative law / Law / LL.M.

This dissertation analyses, in a comparative perspective collective agreements entered into in Belgium and in South Africa in the private sector. It is divided into three parts: Belgian law, South African law and a comparative perspective. Each part adopts the same format: it comprises a historical survey, a description of the parties to collective agreements, the forums in which collective bargaining takes place and an analysis of collective agreements, focusing on the nature of their binding force. Because Belgian law prohibits agency shop and closed shop agreements, on the basis of the freedom of association, no reference has been made to these agreements, even though they are permitted in South Africa and are regarded as collective agreements. This dissertation does not deal with collective agreements entered into to regulate terms and conditions of employment in the public sector as state employees in Belgium are excluded from the scope of labour law and have their employment relationship governed by administrative law / Law / LL.M.