ABSTRACT
The focal research question of this thesis is the relevance of the contract of
employment in modern employment. In answering this question three broad
areas associated with the contract are explored: (1) the evolution of the
contract of employment in South Africa and the dichotomy between the
contract of employment and the independent contract; (2) the forms of
engagement of workers in the South African labour market; and (3) alternative
regulatory models with specific reference to models that are consistent with
the South African Constitution. Using a comparative approach it is shown that
the contract of employment in South Africa is in a relative state of unification.
However, some assumptions about its historical evolution and the influence of
Roman and Roman-Dutch law are overstated, and more recent
developments, such as tax legislation, arguably had a greater influence on the
dichotomising of labour law. The study of the South African world of work
illustrates that modern work is performed in diverse ways. After illustrating that
labour law has both countervailing and social developmental roles, it is
concluded that the contract of employment as traditionally understood is no
longer capable of performing these roles. It is further claimed that a process of
diversification (as opposed to the unification of the contract of employment)
will help to redefine the contract of employment and this may extend the
coverage of labour legislation to those who, bearing in mind the purpose of
labour law, ought to be protected by labour laws. Finally, it is argued that the
South African Constitution provides a ready paradigm within which to achieve
such a process of diversification which would ultimately lead to an extension
of the coverage of labour laws.
Roux, R (2021). The Regulation Of Work: Whither The Contract Of Employment?: An Analysis Of The Suitability Of The Contract Of Employment To Regulate The Different Forms Of Labour Market Participation By Ind. Afribary. Retrieved from https://afribary.com/works/the-regulation-of-work-whither-the-contract-of-employment-an-analysis-of-the-suitability-of-the-contract-of-employment-to-regulate-the-different-forms-of-labour-market-participation-by-indivi
Roux, Rochelle "The Regulation Of Work: Whither The Contract Of Employment?: An Analysis Of The Suitability Of The Contract Of Employment To Regulate The Different Forms Of Labour Market Participation By Ind" Afribary. Afribary, 15 May. 2021, https://afribary.com/works/the-regulation-of-work-whither-the-contract-of-employment-an-analysis-of-the-suitability-of-the-contract-of-employment-to-regulate-the-different-forms-of-labour-market-participation-by-indivi. Accessed 25 Apr. 2024.
Roux, Rochelle . "The Regulation Of Work: Whither The Contract Of Employment?: An Analysis Of The Suitability Of The Contract Of Employment To Regulate The Different Forms Of Labour Market Participation By Ind". Afribary, Afribary, 15 May. 2021. Web. 25 Apr. 2024. < https://afribary.com/works/the-regulation-of-work-whither-the-contract-of-employment-an-analysis-of-the-suitability-of-the-contract-of-employment-to-regulate-the-different-forms-of-labour-market-participation-by-indivi >.
Roux, Rochelle . "The Regulation Of Work: Whither The Contract Of Employment?: An Analysis Of The Suitability Of The Contract Of Employment To Regulate The Different Forms Of Labour Market Participation By Ind" Afribary (2021). Accessed April 25, 2024. https://afribary.com/works/the-regulation-of-work-whither-the-contract-of-employment-an-analysis-of-the-suitability-of-the-contract-of-employment-to-regulate-the-different-forms-of-labour-market-participation-by-indivi