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Agency work : comparative study between Namibia and South Africa
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613510922403840 |
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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 | © 2018 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, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65694 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:18.340Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| 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:2263/65694 Agency work : comparative study between Namibia and South Africa Van Eck, B.P.S. sellomoima@gmail.com Moima, Sello Nkurumah UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. Namibia and South Africa are members of the International Labour Organisation and thus have to comply with the international labour norms on agency work as outlined in the ILO's Private Agency Employment Convention No. 181 of 1997. However, both countries have not signed the Convention. Despite the fact that both countries have not ratified the Convention, the Convention exerts an influence in their national law in view of their constitutional architecture. Both Namibia and South Africa have recently been grappling with regulation of agency work. Namibia recently amended its legislation in order to unban agency work and regulate it whilst South Africa recently amended its regulatory framework to further regulate agency. Since international norms exert an influence in both Namibia and South Africa the study firstly critically discusses the international norms on agency work. Secondly, Namibia’s assessment of compliance with international norms is embarked upon. It is concluded that in reality Namibia’s regulatory framework is not consistent with international norms in that the user enterprise is regarded as an employer of agency workers. This policy decision is informed by the historically hostile view that Namibia has of agency work that saw Namibia legislatively ban agency work and such ban being confirmed by the High Court and subsequently reversed by the Supreme Court. Consequently, the Namibian government was forced to amend its regulatory framework, as such its regulatory framework is nationalistic and still fixed on the common law contract of employment as a foundation for regulation of the employment relationship. Thirdly, South Africa’s assessment with international norms is also embarked upon. In general, South Africa’s regulatory framework complies with international norms even though the regulatory framework has some shortcomings. Lastly, the study compares both the regulatory frameworks of Namibia and South Africa. Mercantile Law LLM Unrestricted 2018-07-16T07:56:10Z 2018-07-16T07:56:10Z 2018/04/17 2017 Mini Dissertation Moima, SN 2017, Agency work : comparative study between Namibia and South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65694> A2018 http://hdl.handle.net/2263/65694 en © 2018 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 Agency work : comparative study between Namibia and South Africa |
| title | Agency work : comparative study between Namibia and South Africa |
| title_full | Agency work : comparative study between Namibia and South Africa |
| title_fullStr | Agency work : comparative study between Namibia and South Africa |
| title_full_unstemmed | Agency work : comparative study between Namibia and South Africa |
| title_short | Agency work : comparative study between Namibia and South Africa |
| title_sort | agency work comparative study between namibia and south africa |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65694 |