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Alternative means to regulate the employment relationship in the changing world of work
Thesis (LLD (Mercantile Law))--University of Pretoria, 2006.
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University of Pretoria
2013
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| _version_ | 1867613717479292928 |
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| access_status_str | Open Access |
| author2 | Van Jaarsveld, Fanie |
| author_browse | Van Jaarsveld, Fanie |
| author_facet | Van Jaarsveld, Fanie |
| collection | Thesis |
| dc_rights_str_mv | © 2005, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD (Mercantile Law))--University of Pretoria, 2006. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/29308 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:40:35.305Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/29308 Alternative means to regulate the employment relationship in the changing world of work Van Jaarsveld, Fanie stella.vettori@up.ac.za Vettori, Maria-Stella Corporate social responsibility (CSR) Good corporate governance “atypical” employee “fordism” Individualization Decollectivisation Industry/central level collective bargaining Decentralization Collective bargaining Plant level collective bargaining UCTD Thesis (LLD (Mercantile Law))--University of Pretoria, 2006. Advancing technology has caused rapid and dramatic changes in the world of work. Labour law systems grounded in the industrial era, with their emphasis on collective bargaining, are not suitable in today’s world of work. Throughout the world, the ‘atypical employee’ is replacing the standard or typical employee whose terms and conditions of employment were generally regulated by collective agreements. Atypical employee’s terms and conditions of employment generally are not regulated by collective agreements. World– wide trends in the decentralisation of collective bargaining, decollectivisation and individualisation of the employment relationship have contributed to a decline in trade union power and influence. Consequently the number of workers covered by collective agreements has decreased. Collective bargaining has been rendered less effective because of the changing the world of work. The South African labour law system places a huge emphasis on collective bargaining, particularly at industry level, for the protection of employee interests. Given these trends in the changing world of work, the appropriateness of this emphasis on industry or central level collective bargaining is questioned. The vacuum left by the inadequacy and inability of trade unions to protect employee interests in a comprehensive manner by means of collective bargaining, needs to be addressed. The following alternative means of protecting employee interests are considered: (i) The socialisation of the law of contract; (ii) the interpretation given to the constitutional right to fair labour practices; and (iii) the role of good corporate governance and corporate social responsibility. These alternative means of addressing legitimate employee interests could play a role in filling the vacuum created by trade union decline. The South African law of contract is capable of bridging the gap between law and justice by the application of the concepts of good faith and public policy, so that employment contracts may take cognisance of employee interests despite the imbalance of power between employer and employee. The protection of worker interests by means of the constitutional right to fair labour practices depends on the judge’s interpretation of what is fair. Implementation of good corporate governance codes can be influential in protecting and promoting employee interests. Mercantile Law unrestricted 2013-09-07T15:18:41Z 2005-11-08 2013-09-07T15:18:41Z 2005-05-08 2006-11-08 2005-11-08 Thesis Vettori, M 2005, Alternative means to regulate the employment relationship in the changing world of work, LLD thesis, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/29308 > http://hdl.handle.net/2263/29308 http://upetd.up.ac.za/thesis/available/etd-11082005-142503/ © 2005, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf University of Pretoria |
| spellingShingle | Corporate social responsibility (CSR) Good corporate governance “atypical” employee “fordism” Individualization Decollectivisation Industry/central level collective bargaining Decentralization Collective bargaining Plant level collective bargaining UCTD Alternative means to regulate the employment relationship in the changing world of work |
| title | Alternative means to regulate the employment relationship in the changing world of work |
| title_full | Alternative means to regulate the employment relationship in the changing world of work |
| title_fullStr | Alternative means to regulate the employment relationship in the changing world of work |
| title_full_unstemmed | Alternative means to regulate the employment relationship in the changing world of work |
| title_short | Alternative means to regulate the employment relationship in the changing world of work |
| title_sort | alternative means to regulate the employment relationship in the changing world of work |
| topic | Corporate social responsibility (CSR) Good corporate governance “atypical” employee “fordism” Individualization Decollectivisation Industry/central level collective bargaining Decentralization Collective bargaining Plant level collective bargaining UCTD |
| url | http://hdl.handle.net/2263/29308 http://upetd.up.ac.za/thesis/available/etd-11082005-142503/ |