Contract of Employment, Statutory Provisions and Collective Bargaining in protecting workers labour rights

Abstract

This article reflect on the extent to which contract of employment, legislative provisions and collective bargaining assist in protecting employees in the modern labour relations. Contract of employment has traditionally been known as a vital document holistically regulating the symbiotic employer-employee relationship. However, its common law perspective perpetuates inequalities as it fails to accommodate and resolve the inequalities of bargaining power between these parties. It also regards the parties as master (employer) and servant (employee). It is aloof to collective regulation of the employment relationship, meaning that it does not embrace collective bargaining. It was against this backdrop that countries including South Africa, promulgated laws entrenching protection of workers labour rights. Thus, the statutory provisions are a workable framework in protecting employees as rights to associate and bargain freely got entrenched. It is asserted that the basis of strength regarding contract of employment is fading owing to contemporary trends of employment. This includes externalization, casualization and informalization of work. These trends have alienated a huge net of workers from statutory protection. Because, the modern standard model of employment is of inherent variability, it is high time that our legislative authorities, courts and competent tribunals innovate effective responses towards expanding labour legislative boundaries to benefit those in desperate need. This is achievable through strategic interpretation of the Constitution to augment its transformative ideals of advancing social justice.