Magister Legum - LLM (Mercantile and Labour Law)

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The intersection between labour and immigration law in South Africa
(University of the Western Cape, 2022) Adams, Nazeema; Huysamen, Elsabé
This thesis is focused on the rights of migrants in South Africa and how those rights are affected and intersect with the rights of migrants in terms of Immigration law or the respective laws which govern migrants. Migrants are often ill-treated in the work place. This treatment can in certain instances lead to a violation of their inherent human rights. The violation of their human rights are often not addressed or dealt with because they are fearful of the consequences. The different type of migrants is also an issue which employers in the labour market struggle to differentiate between. There are some instances where the labour and immigration law protections afforded to migrants seem to intersect with each other which create difficulties and uncertainties regarding the rights of migrants. This thesis will evaluate the above mentioned instances and shed light on how migrants are affected.