A legal analysis of the classification of on-demand workers in South Africa
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Date
2023
Authors
Botha, Shaine Leigh
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Free State
Abstract
“Non-standard forms of employment” have become a contemporary feature of labour markets worldwide.¹ however, this form of employment has resulted in a classification conundrum, with the result that many platforms seek to avoid the obligations pertaining to a traditional employment relationship by classifying workers as independent contractors rather than employees.² It is specifically the mentioned classification difficulties that make these workers vulnerable to 𝘪𝘯𝘵𝘦𝘳 𝘢𝘭𝘪𝘢
poor remuneration, reduced bargaining power and rights, poor working conditions, social security deficiencies, unregulated working hours, and poor occupational health and safety practices.
Therefore, this study will explore legislative responses to regulating on-demand work and matters associated with the correct classification of on-demand workers within a South African context. This is done with reference to the UK courts' position in regulating and/or classifying on-demand workers. Therefore, the research aims to contribute to the current and ongoing debate regarding on-demand work to ensure that on-demand workers are properly classified. It is also intended to ensure legal certainty and adequate legal protection of persons operating as on-demand workers in South Africa.
Description
Dissertation (LL.M.(Private Law))--University of the Free State, 2023
Keywords
On-demand workers, gig economy, platform work, traditional labour classification, labour protection, worker exploitation, United Kingdom, Code of Good Practice, tailored classification, classification conundrum, vulnerable on-demand workers, poor remuneration, reduced bargaining power and rights, poor working conditions, social security deficiencies, unregulated working hours, collaborative economy, sharing economy, on-demand economy, crowd employment