NEDLAC Labour Law Series

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https://hdl.handle.net/10566/9043
The NEDLAC Labour Law Series consists of research outputs aimed at supporting NEDLAC and its social partners to develop policy and where appropriate legislative amendments in ongoing labour law reform processes. The series addresses identified areas of labour law that respond to the changing nature of work, the future of work, and the labour market impacts of a just transition to a low-carbon economy. It also focuses on improving social protection for non-standard workers, addressing bottlenecks in existing labour market systems, and enabling economic growth and sustainability for small and emerging businesses.

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    “Climate-proofing” labour law: adapting to increased heat and extreme weather events
    (University of the Western Cape, 2024) Godfrey, Shane; Collier, Debbie
    Rising temperatures and extreme weather events present challenges for the world of work and the regulation of occupational health and safety (OHS) and increases the need for risk assessment and OHS control and prevention measures. These challenges are an important consideration in climate change adaptation. This report provides a comprehensive overview of the relevant statutory rights, duties and standards, with an emphasis on working hours and OHS measures for the prevention and control of occupational injuries, diseases and illnesses linked to increased temperatures and extreme weather. In addition, social security provisions, including workers’ compensation and income protection, are considered. The report identifies legislative changes already in progress, and proposes an action plan for strengthening OHS protection for workers, with priority given to immediate actionable steps, while identifying longer-term areas for development and incorporation into legislation, regulations, and programmes to address the impact of climate change and promote a just transition. (Other labour law mechanisms for planning and implementing a just transition are addressed in Optimising labour law for a just transition)
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    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.
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    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.
University of the Western Cape