IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v13y2023i1p63-81.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://tribunajuridica.eu/arhiva/An13v1/5.%20Kola%20Odeku.pdf
    Download Restriction: no
    ---><---

    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.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Zi Lin & Hai Gu & Kiran Zahara Gillani & Mochammad Fahlevi, 2024. "Impact of Green Work–Life Balance and Green Human Resource Management Practices on Corporate Sustainability Performance and Employee Retention: Mediation of Green Innovation and Organisational Culture," Sustainability, MDPI, vol. 16(15), pages 1-26, August.
    2. 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.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ritter, Joseph A., 2005. "Patterns of job quality attributes in the European Union," ILO Working Papers 993775093402676, International Labour Organization.
    2. Kucera, David, & Chataignier, Anne., 2005. "Labour developments in dynamic Asia : what do the data show?," ILO Working Papers 993843703402676, International Labour Organization.
    3. Valentina Franca & Suzana Laporšek & Ana Arzenšek, 2018. "How to Tackle New Form of Works for a Greater Employment Protection," MIC 2018: Managing Global Diversities; Proceedings of the Joint International Conference, Bled, Slovenia, 30 May–2 June 2018,, University of Primorska Press.
    4. Nausheen, Nizami, 2021. "Decent work and Safe Work: A Case study of IT Industry," OSF Preprints 24ea3, Center for Open Science.
    5. Antonio Ariza-Montes & Gabriele Giorgi & Felipe Hernández-Perlines & Javier Fiz-Perez, 2019. "Decent Work as a Necessary Condition for Sustainable Well-Being. A Tale of Pi(i)gs and Farmers," Sustainability, MDPI, vol. 11(4), pages 1-19, February.
    6. Tânia FERRARO & Leonor PAIS & Nuno REBELO DOS SANTOS & João Manuel MOREIRA, 2018. "The Decent Work Questionnaire: Development and validation in two samples of knowledge workers," International Labour Review, International Labour Organization, vol. 157(2), pages 243-265, June.
    7. Annelien Gansemans & Deborah Martens & Marijke D’Haese & Jan Orbie, 2017. "Do Labour Rights Matter for Export? A Qualitative Comparative Analysis of Pineapple Trade to the EU," Politics and Governance, Cogitatio Press, vol. 5(4), pages 93-105.
    8. Theo Sparreboom & Lubna Shahnaz, 2007. "Assessing Labour Market Vulnerability among Young People," The Pakistan Development Review, Pakistan Institute of Development Economics, vol. 46(3), pages 193-213.
    9. Jiahe Liu & Yingzhu Fang & Yongxing Xia & Wenjie Zou & Ka-Leong Chan & Johnny F. I. Lam & Huangxin Chen, 2024. "Can the Digital Economy Promote Sustainable Improvement in the Quality of Employment for Chinese Residents?—Moderated Mediation Effect Test Based on Innovation Environments," Sustainability, MDPI, vol. 16(14), pages 1-20, July.
    10. Luebker, Malte., 2008. "Employment, unemployment and informality in Zimbabwe : concepts and data for coherent policy-making," ILO Working Papers 994206943402676, International Labour Organization.
    11. Lucio Baccaro & Valentina Mele, 2012. "Pathology of Path Dependency? The ILO and the Challenge of New Governance," ILR Review, Cornell University, ILR School, vol. 65(2), pages 195-224, April.
    12. repec:ilo:ilowps:383398 is not listed on IDEAS
    13. Benjamin Schneider, 2022. "Good Jobs and Bad Jobs in History," Oxford Economic and Social History Working Papers _202, University of Oxford, Department of Economics.
    14. Demet TÜZÜNKAN, 2020. "Çalışma Yaşamının Geleceği Kapsamında Yetenek Geliştirme: Turizm Endüstrisi," Journal of Social Policy Conferences, Istanbul University, Faculty of Economics, vol. 0(78), pages 205-227, June.
    15. Anker, Richard,, 2005. "Women's access to occupations with authority, influence and decision- making power," ILO Working Papers 993833983402676, International Labour Organization.
    16. Ibrahim Kabir & Umar Gunu & Zainab Lawal Gwadabe, 2023. "Decent Work Environment and Work-Life Balance: Empirical Analysis of Banking Sector of Hostile Environments," Journal of Family and Economic Issues, Springer, vol. 44(2), pages 297-312, June.
    17. Alexandre KOLEV & Catherine SAGET, 2005. "Understanding youth labour market disadvantage: Evidence from south-east Europe," International Labour Review, International Labour Organization, vol. 144(2), pages 161-187, June.
    18. Kaijing Xue & Dingde Xu & Shaoquan Liu, 2019. "Social Network Influences on Non-Agricultural Employment Quality for Part-Time Peasants: A Case Study of Sichuan Province, China," Sustainability, MDPI, vol. 11(15), pages 1-22, July.
    19. Señoret, Andrés & Ramirez, Maria Inés & Rehner, Johannes, 2022. "Employment and sustainability: The relation between precarious work and spatial inequality in the neoliberal city," World Development, Elsevier, vol. 153(C).
    20. Rafael Muñoz de Bustillo & Enrique Fernández-Macías & José-Ignacio Antón & Fernando Esteve, 2011. "Measuring More than Money," Books, Edward Elgar Publishing, number 14072.
    21. Sparreboom, Theo. & de Gier, Michael P.F., 2008. "Assessing vulnerable employment : the role of status and sector indicators in Pakistan, Namibia and Brazil," ILO Working Papers 994240153402676, International Labour Organization.

    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

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asr:journl:v:13:y:2023:i:1:p:63-81. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.