The current South African labour laws have evolved through decades of transitions. It
originated from an autocratic employment relationship to the fight for worker rights and
finally, to the equal rights and freedom of workers. However the rights of workers were
always regulated by the idiosyncrasies and oppression of the political fabric of this
country. One of the greatest contributing factors that enhanced worker confidence is the
introduction of the previous Interim Constitution and the now, Final Constitution, which
provided for equality for all South African citizens. All such laws have impacted
intensely on the South African labour framework. Currently, we exist in a country where
there are laws that ensure worker protection.
On the face of it, the labour laws are clearly democratic. However, in practice, there exist
many gaps in the law. This study is primarily based on identifying the areas of the labour
laws where such laws do not adequately cater for the South African population and its
diversities, and where it is not consistent with the International Labour standards. Major
emphasis will be placed on the application of the law and the intention behind the drafters
of such legislation.
One area of focus is the application of the law to the HIV/AIDS crisis in South Africa.
HIV/AIDS is seen as an epidemic that is adversely penetrating the workforce and a
company's productivity. The disease itself is growing at an enormous pace and already, a
small percentage of the population is affected by it. The disease inevitably leads to a drop
in a company's output through the increase in employee absenteeism and deaths, and it
also obligates employers to re-arrange their staff or hire new staff. Companies have been
forced to change their policies and to create awareness in the workplace to adequately
cater for workers who suffer from this epidemic. The laws itself have not made sufficient
provision for applying itself to the growth in the percentage of AIDS employees. With a
large percentage of the workforce having the disease, there has not been sufficient
protection of such persons and their families. There are three stages in the HIV/AIDS
cycle and the last stage weakens employees to the extent that they are unable to work.
And with medical costs being as high as it is today, it won't be long before such
employees lack the financial means to survive. Hence there is little protection to workers
after contracting the AIDS virus. This is merely one of the areas of the HIV/AIDS crisis
that requires review of the current labour laws.
The labour laws are new to providing protection to workers. Inevitably, it is the
responsibility of workers to protect themselves, either through saving on their own or
entering into endowment or similar policies. However, with the instability in our current
economic climate, it is difficult for employees to invest or to save.
Employment Equity has been another area that requires development within the South
African labour framework. Such equity is based on rectifying the political ravages of the
past, where previously disadvantaged persons were prejudiced in various areas of the employment arena. Affirmative Action has been one area of change that many companies
and corporations were forced to deal with.
The International Labour Organization (ILO) has always attempted to diversify its laws
to cater for the diversities of the world population. South Africa adopted many of its
laws, specifically with regards to the HIV/AIDS crisis. However, considering that the
labour laws are seen as a rapidly-changing area in the world economy, such areas are
making it difficult for the current laws to be consistent with such changes. Emphasis is
now placed on the application of the laws to such changes.
This study is a very much theoretical to the extent that it identifies the areas of applicable
law and the areas that require improvement or change in order to satisfy the "democracy"
in a democratic country. / Thesis (M.B.A.)-University of Natal, Durban, 2003.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ukzn/oai:http://researchspace.ukzn.ac.za:10413/4226 |
| Date | January 2003 |
| Creators | Nannoolal, Dion. |
| Contributors | Thomson, Elza. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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