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Critical analysis of the failure of labour law to adequately protect atypical workers and its impact on human rights and fair labour practice

Author

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  • Mojapelo Mogohloro RAGUEL

    (Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa)

  • Kola O. Odeku

    (Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa)

Abstract

In the workplaces, the work force being employed by private entities and contract workers are facing various unfair labour practices and as such excluded from labour protection law. Instances of human rights abuses abound, and these have severe socioeconomic implications on atypical workers. This paper examines how atypical workers face inhuman treatment, discrimination and denial of basic labour rights and benefits in the workplace. The paper also looks at whether there is any semblance of labour protection extended to atypical workers. It is observed that such interventions have not provided strong protection for atypical workers hence they are still exposed to various labour vulnerabilities, discrimination, mistreatment, abuses and denial of benefits and socio and economic securities.

Suggested Citation

  • Mojapelo Mogohloro RAGUEL & Kola O. Odeku, 2023. "Critical analysis of the failure of labour law to adequately protect atypical workers and its impact on human rights and fair labour practice," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 13(1), pages 63-81, March.
    • Handle: RePEc:asr:journl:v:13:y:2023:i:1:p:63-81
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    References listed on IDEAS

    as
    1. Richard ANKER & Igor CHERNYSHEV & Philippe EGGER & Farhad MEHRAN & Joseph A. RITTER, 2003. "Measuring decent work with statistical indicators," International Labour Review, International Labour Organization, vol. 142(2), pages 147-178, June.
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    Cited by:

    1. Mohammad Alnehabi & Al-Baraa Abdulrahman Al-Mekhlafi, 2023. "The Association between Corporate Social Responsibility, Employee Performance, and Turnover Intention Moderated by Organizational Identification and Commitment," Sustainability, MDPI, vol. 15(19), pages 1-25, September.

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    More about this item

    Keywords

    unfair labour practice; atypical workers; labour protection; socio and economic securities; South Africa.;
    All these keywords.

    JEL classification:

    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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