Centre for Transformative Regulation of Work (CENTROW)

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https://hdl.handle.net/10566/9037

The Centre for Transformative Regulation of Work (CENTROW) responds to the challenges and opportunities for decent work that inhere in the digital transformation of work and is involved in community- engaged research on overcoming barriers to decent work in a fast-changing global environment. CENTROWs activities promote the design and implementation of innovative labour laws and regulatory strategies, supporting UN SDG 8 - inclusive and sustainable economic growth, full and productive employment, and decent work for all and the aspirations of Agenda 2063.

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COVID-19 pandemic, a war to win: assessing its impact on the domestic work sector in Nigeria
(Taylor & Francis, 2023) Osiki, Abigail; Sadiq, Hassan; Osiki, Prisca
This article examines the effects of the COVID-19 pandemic on the work conditions of domestic workers in Nigeria. We use four indicators – earnings, access to social protection, working conditions and labour protections to provide a nuanced assessment on the impact of the pandemic on domestic workers. Domestic work is an important aspect of productive labour and an indispensable factor that contributes to the well-being of households and the economy. Indeed, the enormous contribution of this sector to societies has been further exposed by the COVID-19 pandemic. However, while domestic workers are lauded as essential workers, their work remains extremely vulnerable to exploitation and human rights violations, and the pandemic has aggravated this situation. In the results, we find that while many domestic workers did not lose their jobs, their earning power dropped because of low wages in the sector. Furthermore, only 6% of survey respondents reported having access to the government’s social protection measures. The findings of this study emphasises the need for the development of a regulatory model which considers the realities of the domestic work sector. Data used in this article draws from questionnaires administered on 220 domestic workers across four geo-political zones of Nigeria.
Domestic workers in South Africa: inclusion under the compensation of occupational injuries and diseases act
(The Thinker, 2023) Mullagee, Fairuz; James, Candice; Osiki, Abigail
After decades of deliberate exclusion from labour laws and social protection in South Africa, domestic workers have slowly been able to taste the fruits of years of laborious fights for recognition, inclusion, and dignity. On 19 November 2020, the Constitutional Court ordered the inclusion of domestic workers in the Compensation for Occupational Injuries and Diseases Act (COIDA). This marked another victory for domestic workers. Textual inclusion is a relatively easier feat compared to the real challenge of implementation to give effect to such inclusion. The monitoring of implementation and progress of domestic workers who have benefitted from this inclusion has been relatively underexplored. This study explores the progress made in the development of social protection following the recent inclusion of domestic workers in COIDA, together with the implementation of this law. The article uses desktop research to investigate barriers to the development and implementation of social protection in the domestic work sector. The article highlights the importance of multi-stakeholder collaboration, clear policies from the Department of Labour, and the provision of constructive support for employers in the domestic work sector to facilitate compliance with COIDA.
Facilitating decent work: the case of domestic workers in Nigeria
(Jute, 2022) Osiki, Abigail
A decade after the first international standard regulating domestic work was introduced decent work remains a challenge for domestic workers in Nigeria. Within the framework of ILO’s Convention on Domestic Workers 189 of 2011, this article explores the extent to which domestic workers in Nigeria benefit from legal protection. The article argues that although parts of Nigerian labour law are relevant to domestic workers, there is need for the development of regulation which gives full effect to the provisions of the convention. The country’s de facto exclusion of domestic workers from the national minimum wage and social protection laws as well as regulatory gaps in dealing with safety in the workplace remains problematic for domestic workers. Against this background, this article suggests the development of a regulatory model which would facilitate the achievement of decent work Nigerian domestic workers.
The impact of socio-legal inequality on women in the Nigerian domestic work sector
(University of the Western Cape, 2022) Osiki, Abigail
This article examines the impact of socio-legal inequality on the work conditions of female domestic workers in Nigeria. Domestic work is an important aspect of productive labour and an indispensable factor that contributes to the well-being of households and the economy. However, domestic workers face challenges that are multidimensional and gendered; they are often victims of physical and sexual abuse, and experience discrimination concerning pay, working conditions, and legal rights.
Nigeria’s political, economic, and social dynamics in a pandemic era
(Palgrave Macmillan, 2023) Osiki, Abigail; Stojanović, Aleksandar; Scarcella, Luisa; Mosalagae, Christina R.
This chapter examines the impact of Nigeria’s containment and mitigation strategies established at the outbreak of the pandemic in the country. The chapter asserts that government intervention reflected a holistic approach which included practical welfare strategies to facilitate the provision of essentials vital for social-economic stability and development. While this approach suggests a significant shift in the government’s neoliberalist stance to a more welfarist outlook, the strategies fail to achieve the desired result due to certain prevailing factors such as corruption and weak institutions. The chapter emphasises the need to urgently tackle the prevalence of these vices to halt the country’s looming socio-economic crisis.
Optimising labour law for a just transition
(University of the Western Cape, 2024) Collier, Debbie; Godfrey, Shane; Oniga, Vincent; Osiki, Abigail
This report examines the impact of climate change (focusing on the coal-based energy sector as a blueprint for other sectors) and the decent- work connection between climate change law and fundamental principles and rights at work, which are the foundations of labour law. The report considers relevant aspects of labour market regulation – ranging from the provisions of labour law and arrangements for sectoral collective bargaining, to active labour market policies and integrated regulation, such as social and labour plans – that can be optimised for a just transition. Challenges in planning and implementing just-transition processes occur within a regulatory space spanning a range of laws and legal fields and consequently cutting across various ministries and institutions in all spheres of government (national, provincial, and local) and at all levels of labour governance (workplace, sectoral, and national). In this regard, the report engages at a conceptual level with the emerging “JT regulatory framework” for facilitating just-transition processes. It constructs a typology of the following labour law functions and mechanisms that can support just-transition processes at the workplace, sectoral, and local government level: consultation and collective bargaining; restructuring and retrenchments; training and skills development; unemployment insurance and income support; health and safety (see also “Climate-proofing” labour law: Adapting to increased heat and extreme weather events); and emergency and disaster management.
Remote and hybrid work(ers): Considerations for regulating remote working arrangements and a code of good practice for remote work
(University of the Western Cape, 2024) Collier, Debbie; Osiki, Abigail
Globally, the COVID-19 pandemic intensified the focus on remote work and raised the need to evaluate the adequacy of labour legislation and workplace policies in the context of hybrid and remote-work arrangements. Remote work is characterised by the use of digital technology to perform tasks outside of the employer’s premises, often at the employee’s home. While it offers flexibility, inclusivity, and environmental benefits, it presents challenges too, for example in regard to enforcing employment standards, maintaining work-life balance, privacy, health and safety, and avoiding the risk of worker invisibility. Similarly, remote work poses difficulties for performance management and access to the workplace for inspection purposes. Key issues explored in this report include the regulation of working hours, occupational health and safety concerns, and compensation for occupational injuries. The report proposes the development of regulatory mechanisms — regulations and a Code of Good Practice — for remote work to provide certainty to remote workers and safeguard their well-being while balancing this with the interests of employers. The report provides guidance on remote-work policies in the workplace. Additionally, it considers legislative developments on flexible working arrangements that respond to the evolving nature of work in the digital era, promote work-life balance, and support gender equality.
Scope of protection: a retrospective and prospective overview of the protected disclosures act 2000
(Centre de droit comparé du travail et de la sécurité sociale, 2023) Osiki, Abigail
Following South Africa’s transition to democratic rule, numerous whistle-blowers have raised the alarm regarding corruption and improprieties at work, in both the private and public sectors. To prevent the negative consequences of whistleblowing, the Protected Disclosure Act, 2000 came into force in February 2001 and was subsequently amended in 2017. However, despite the existence of this law, the sometimes-devastating consequences that have followed disclosures have led to debates on legal protection or rather, the lack thereof of whistle-blowers. This article therefore aims to reflect on how South African courts, have interpreted the protection provided by this Act for whistle-blowers. More particularly, issues concerning the meaning of disclosure, meaning of good faith and the nature of compensation that the courts have awarded are highlighted.

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