Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Undocumented migrants and the right to fair labour practices
Mini Dissertation (LLM)--University of Pretoria, 2019.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2020
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613683852509184 |
|---|---|
| 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 | © 2019 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, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/73029 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:02.981Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| 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:2263/73029 Undocumented migrants and the right to fair labour practices Van Eck, B.P.S. u29208433@TUKS.co.za Nkuna, Phetheni Miehleketo Mini-dissertation 800 Research proposal 803 UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. The mini-dissertation focuses on the constitutional right to fair labour practices in relation to undocumented migrants within the South African workplace. Section 23 of the Labour Relations Act 66 of 1995, as amended, gives expression to this right together with other employment laws of the Republic. The study undertakes a literary review of the domestic Immigration Act, Refugees Act and Labour Relations Act, being the primary legislation regulating the entry, presence and rights of foreigners within the Republic. Although undocumented migrants are recognised as employees for purposes of the Labour Relations Act, an employment relationship entered into in contravention of a statute is proscribed. Continuing such a relationship would attract criminal sanction and fines for the employer. The only aspect of the right to fair labour practices enjoyed by undocumented migrants is the right to procedural fairness when dismissed. This is probably a contributing factor to the very minimal data available on undocumented foreigners with the boarders of the Republic. They fear arrest detention and deportation, whilst their employers fear the consequences of contravening the law which may in certain circumstances include imprisonment. This study further examines domestic, regional and international norms from the perspective of the International Labour Organisation, United Nations, African Union and Southern African Development Community. These organisations advocate for the protection of the human rights of all migrants, including undocumented migrants in the workplace. A close scrutiny of states such as South Africa, Kenya, United States of America and the Netherlands shows that protection, if any, if only afforded to documented migrants. The only fate that awaits undocumented migrants is arrest, detention and deportation. It is for this reason that they obtain employment in informal sectors, often leaving them vulnerable to exploitation and abuse. Oftentimes they are susceptible to a violation of both their employment and human rights. In conclusion, this study provides recommendations that can be made to address the plight of undocumented migrants in the South African workplace. Private Law LLM Unrestricted 2020-01-30T11:11:29Z 2020-01-30T11:11:29Z 2020 2019 Mini Dissertation Nkuna, PM 2019, Undocumented migrants and the right to fair labour practices, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/73029> A2020 http://hdl.handle.net/2263/73029 en © 2019 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 | Mini-dissertation 800 Research proposal 803 UCTD Undocumented migrants and the right to fair labour practices |
| title | Undocumented migrants and the right to fair labour practices |
| title_full | Undocumented migrants and the right to fair labour practices |
| title_fullStr | Undocumented migrants and the right to fair labour practices |
| title_full_unstemmed | Undocumented migrants and the right to fair labour practices |
| title_short | Undocumented migrants and the right to fair labour practices |
| title_sort | undocumented migrants and the right to fair labour practices |
| topic | Mini-dissertation 800 Research proposal 803 UCTD |
| url | http://hdl.handle.net/2263/73029 |