Browsing by Author "Osiki, Abigail"
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Item 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, PriscaThis 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.Item Domestic workers in South Africa: inclusion under the compensation of occupational injuries and diseases act(The Thinker, 2023) Mullagee, Fairuz; James, Candice; Osiki, AbigailAfter 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.Item The extension of social protection to informal farm workers in South Africa(University of the Western Cape, 2023) Charles, Wendy; Osiki, AbigailSocial protection is regarded as a means to alleviate poverty. It provides workers with protection against socio-economic risks. However, not all workers have access to social protection. An example is informal farm workers. These workers are prone to precarious working conditions which exposes them to hazardous chemicals, extreme weather conditions and intensive physical labour. However, many of these workers have limited access if any to social protection. This research paper explores the nature and characteristics of the informal economy within South Africa, with informal farm workers acting as reference for the research.Item Extension of social protection to self-employed workers: Re-considering the need and the possibilities in light of the Covid19 pandemic(University of the Western Cape, 2023) Hamunakwadi, Phanuel; Osiki, AbigailThe research examines the implementation of social protection for self-employed workers within the context of South Africa. The paper argues that unlike formal employees, self -employed workers are excluded from accessing many social protection schemes. This exclusion exists despite the entrenchment of social security as a fundamental right in the Constitution. Factors such as legal exclusion and administrative challenges hinder access to social protection for self - employed workers. As a result, many self-employed workers have limited access, if any to social protectionschemes. The outbreak of COVID-19 pandemic deepened the negative effects of the lack of coverage for self-employed workers and reaffirmed the need to include them under the ambit of social protection measures.Item Facilitating decent work: the case of domestic workers in Nigeria(Jute, 2022) Osiki, AbigailA 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.Item The impact of socio-legal inequality on women in the Nigerian domestic work sector(University of the Western Cape, 2022) Osiki, AbigailThis 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.Item 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.Item Remote working and labour legislation in South Africa(University of the Western Cape, 2022) James, Jessica Ann; Osiki, AbigailThe coronavirus pandemic has caused working arrangements to evolve to remote work across the globe, which has become an area of concern for labour legislation, particularly in South Africa. The Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997, among other statutes, were enacted to regulate working conditions in the workplace. These legislations were enacted to give effect to section 23 of the Constitution which provides that everyone has the right to fair labour practices as well as section 9 of the Constitution which provides that everyone is equal before the law. However, there is a lacuna in the legislation as there is no explicit provision regulating remote work.Item 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, AbigailFollowing 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.Item Thinking Out of the Box: Fair Work for Platform Workers(Routledge, 2020) Fredman, Sandra; Du Toit, Darcy; Graham, Mark; Howson, Kelle; Heeks, Richard; Van Belle, Jean-Pau; Mungai, Paul; Osiki, AbigailThe burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much legal effort has been focused on bringing platform workers within the scope of labour law by proving that they fit the definition of employee or worker, which functions as the gateway to employment rights. This has yielded some positive outcomes, particularly in exposing sham self-employment. However, this approach is limited, not least because platforms are adept at reconfiguring their conditions of work to avoid the legal definition of employee, or at fragmenting their corporate structure to evade the jurisdiction of courts in the region where workers in fact find themselves. By contrast, not enough attention has been paid to how labour law standards, fashioned for the ‘employee’ paradigm, should be reshaped to meet the needs of platform workers regardless of their employment status.