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The Labour Rights of Irregular Migrants in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613488573054976 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2017 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 | Mini Dissertation (LLM)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/60082 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:56.516Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| 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:2263/60082 The Labour Rights of Irregular Migrants in South Africa Van Eck, B.P.S. badenhorst.karlien1@gmail.com Badenhorst, Karlien UCTD labour rights migrants immigration exploitation SDG-08: Decent work and economic growth Law theses SDG-08 Law theses SDG-16 Mini Dissertation (LLM)--University of Pretoria, 2016. South Africa has long been dealing with the immigration of irregular migrant workers. There are strong indicators that irregular migrant workers are exploited, abused and subjected to working conditions that are less favourable than that of nationals of the country. With the implementation of the Immigration Act 13 of 2002, South Africa criminalised the appointment of an irregular migrant worker. The Immigration Act came under scrutiny in the Discovery Health v CCMA (2008) ILJ 1480 (LC) case and the judgement stated that irregular migrant workers now have rights under the Labour Relations Act, where they are seen as employees with valid employment contracts. The judgement makes it apparent that the Immigration Act?s goal is not to deviate from international norms already in place. Internationally, irregular migrant workers have various labour rights. Although these international standards are not ratified by South Africa, they still have a profound effect on our judicial system when determining case law. A comparative analysis is drawn between the legislative framework of the United States of America, Ireland and South Africa in order to obtain an international perspective. Regarding irregular migrant workers, the United States of America takes a dramatically opposing viewpoint to that of South Africa while Ireland?s legislation runs parallel to South Africa?s. In South Africa, contradicting legislative provisions have created misconceptions that employment contracts of irregular migrants are invalid. These workers are afraid and unaware that they have access to dispute resolution mechanisms, while employers are too happy to exploit them to achieve lower labour costs. Recommendations to remedy the situation include immigration policy reforms, legislative amendments, enforcement of existing legislation, and creating awareness of the status of irregular migrant workers. Mercantile Law LLM Unrestricted 2017-04-26T11:51:50Z 2017-04-26T11:51:50Z 2017/04/06 2016 Mini Dissertation Badenhorst, K 2016, The Labour Rights of Irregular Migrants in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60082> A2017 http://hdl.handle.net/2263/60082 en © 2017 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 University of Pretoria |
| spellingShingle | UCTD labour rights migrants immigration exploitation SDG-08: Decent work and economic growth Law theses SDG-08 Law theses SDG-16 The Labour Rights of Irregular Migrants in South Africa |
| title | The Labour Rights of Irregular Migrants in South Africa |
| title_full | The Labour Rights of Irregular Migrants in South Africa |
| title_fullStr | The Labour Rights of Irregular Migrants in South Africa |
| title_full_unstemmed | The Labour Rights of Irregular Migrants in South Africa |
| title_short | The Labour Rights of Irregular Migrants in South Africa |
| title_sort | labour rights of irregular migrants in south africa |
| topic | UCTD labour rights migrants immigration exploitation SDG-08: Decent work and economic growth Law theses SDG-08 Law theses SDG-16 |
| url | http://hdl.handle.net/2263/60082 |