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The recognition of on-demand platform workers as employees : a case study on Uber drivers
Mini Dissertation (LLM (Mercantile Law)) --University of Pretoria, 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613631165759488 |
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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 | © 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 (Mercantile Law)) --University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/83098 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:12.888Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/83098 The recognition of on-demand platform workers as employees : a case study on Uber drivers Van Eck, B.P.S. poojapundit@gmail.com Pundit, Pooja UCTD Labour Law Mini Dissertation (LLM (Mercantile Law)) --University of Pretoria, 2021. Labour protections are afforded to those workers who conform to the definition of an “employee”. In 2021, society is reaching the zenith of the Fourth Industrial Revolution, where there is a strong amalgamation between physical labour and technology. Given the concomitant rise in atypical forms of work, the courts are faced with legal challenges of recognising atypical workers as “employees” and whether or not they are entitled to basic labour protections. The ultimate purpose of labour law is to strive for economic growth, while attaining social justice. The core elements of what constitutes an “employee” are shuddered in murky waters as atypical workers operate within both arenas of an “employee” and “independent contractor”. It is of utmost importance to realign the legal framework with the Fourth Industrial Revolution, in order to protect workers who are vulnerable, especially those who operate in the grey areas of labour law. This study will evaluate the notion of an “employee” and whether or not Uber drivers should be recognised as employees in South Africa, given that Uber seems to have strong supervision and control over their Uber drivers. This study will address the grey areas of labour law, prompted by modern business models such as Uber and address the narrow approach of interpretation adopted by the Labour Court in recent decisions involving Uber South Africa. Moreover, this study will delve into comparative research and address the lessons that can be learnt concerning Uber and their Uber drivers in the United Kingdom and United States of America. Alternatives to recognising Uber drivers as employees will be considered. The author aspires that this research will provoke legal minds to engage more with the complex capacities of labour law and labour peace. Mercantile Law LLM (Mercantile Law) Unrestricted 2021-12-20T12:34:33Z 2021-12-20T12:34:33Z 2022-04-30 2021 Mini Dissertation * A2022 http://hdl.handle.net/2263/83098 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 | UCTD Labour Law The recognition of on-demand platform workers as employees : a case study on Uber drivers |
| title | The recognition of on-demand platform workers as employees : a case study on Uber drivers |
| title_full | The recognition of on-demand platform workers as employees : a case study on Uber drivers |
| title_fullStr | The recognition of on-demand platform workers as employees : a case study on Uber drivers |
| title_full_unstemmed | The recognition of on-demand platform workers as employees : a case study on Uber drivers |
| title_short | The recognition of on-demand platform workers as employees : a case study on Uber drivers |
| title_sort | recognition of on demand platform workers as employees a case study on uber drivers |
| topic | UCTD Labour Law |
| url | http://hdl.handle.net/2263/83098 |