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. 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. Jose Joaquin Pozo-Antúnez & Horacio Molina-Sánchez & Antonio Ariza-Montes & Francisco Fernández-Navarro, 2021. "Promoting work Engagement in the Accounting Profession: a Machine Learning Approach," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 157(2), pages 653-670, September.
    4. 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.
    5. José María Arranz & Carlos García-Serrano & Virginia Hernanz, 2018. "Employment Quality: Are There Differences by Types of Contract?," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 137(1), pages 203-230, May.
    6. Yan Yan & Juan Gao & Xinying Jiang & Yuqing Geng & Enzhong Lin, 2024. "A Study on a New 5S Model of Decent Work Perception," Sustainability, MDPI, vol. 16(3), pages 1-24, January.
    7. Anne Trebilcock, 2010. "Decent Work and the Informal Economy," Working Papers id:3002, eSocialSciences.
    8. Federico Huneeus & Oscar Landerretche & Esteban Puentes, 2012. "Multidimensional Measure of Job Quality: Persistence and Heterogeneity in a Developing Country," Working Papers wp357, University of Chile, Department of Economics.
    9. Javier Armadno Pineda & Carlos Eduardo Acosta, 2011. "Calidad Del Trabajo: Aproximaciones Teóricas Y Estimación De Un Índice Compuesto," Revista ESPE - Ensayos sobre Política Económica, Banco de la Republica de Colombia, vol. 29(65), pages 60-105, June.
    10. Nausheen, Nizami, 2021. "Decent work and Safe Work: A Case study of IT Industry," OSF Preprints 24ea3, Center for Open Science.
    11. 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.
    12. 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.
    13. 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.
    14. 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.
    15. Giovanna Boccuzzo & Martina Gianecchini, 2015. "Measuring Young Graduates’ Job Quality Through a Composite Indicator," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 122(2), pages 453-478, June.
    16. Luebker, Malte., 2008. "Employment, unemployment and informality in Zimbabwe : concepts and data for coherent policy-making," ILO Working Papers 994206943402676, International Labour Organization.
    17. Iftikhar AHMED, 2003. "Decent work and human development," International Labour Review, International Labour Organization, vol. 142(2), pages 263-271, June.
    18. 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.
    19. Patrick Wagner & Damian Raess, 2023. "South to north investment linkages and decent work in Brazil," LABOUR, CEIS, vol. 37(1), pages 122-159, March.
    20. José M. Arranz & Carlos García Serrano & Virginia Hernanz, 2018. "Calidad del empleo: una propuesta de índice y su medición para el periodo 2005-2013," Hacienda Pública Española / Review of Public Economics, IEF, vol. 225(2), pages 133-164, June.

    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.