Labour broking in Namibia and South Africa compared, using the International Labour Organisation agency work regulation as a benchmark
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Date
2022
Authors
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Publisher
University of Namibia
Abstract
Nowadays, the global economy is characterised by ever-increasing competition
following trade liberalisation, mobility of capital and the introduction of microelectronic technology in the workplace. These developments have, in turn, seen a decrease in the demand for unskilled and semi-skilled workers in Namibia''s fragile labour market. Employers have expressed their unwillingness to employ unskilled and semi-skilled workers on a permanent basis in an attempt to evade the high financial ramifications implicit in the employment of workers on a permanent basis. The global economy has also witnessed the emergence of temporary services by labour brokers, which has become a common phenomenon in the labour market. In view of these developments, it seems that the hiring of workers on a temporary basis to satisfy the current labourmarket needs will persist unabated for a considerable period of time. In essence, labour broking involves the provision of workers to third parties in return for a financial consideration who, in turn, take full control and supervision of these workers. The problem with an arrangement of this nature is that the third party takes full control and supervision of the workers despite that the employment contract only exists between the third party and the labour broker. The primary objective of this thesis is to determine whether the law regulating labour broking in Namibia is the most appropriate in addressing labour inadequacies in the employment sector. It investigates whether the existing legislation regulating labour broking in Namibia and South Africa conforms to the standards set by the International Labour Organisation (ILO) Convention 181, which regulates private employment agencies (PEAs or labour brokers). The ILO Convention 181 has thus been set as a benchmark for determining the desirability and suitability of the labour-broking laws in Namibia and South Africa. In answering this question, the thesis also compares labour broking legislation in those two countries. The underlying reason behind the selection of South Africa as a country of comparison is premised on the similarities between the two countries‟ legal systems and socio-economic history, which date back to the period Namibia was a mandated territory administered by the South African government.
Description
Dissertation presented for the degree of Doctor of Philosophy (Commercial Law)
Keywords
Labour broker, International Labour Organisation, Socio-economic History