The transfer of enterprises and the protection of employment benefits in South and Southern Africa
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Date
2004
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, University of the Western Cape
Abstract
Introduction:The era of globalisation has brought sweeping change to the workplace.
Transfers, mergers, outsourcing and an erosion of employment security
have been among the consequences. In a country with an inadequate
social security network, such as South Africa, many employees are cru~
dally dependent on employment-related benefits such as retirement funds
and medical aid. If they lose their Jobs, they lose their benefits as well.
This article deals with some of the Implications, from an employee's
point of view, of the transfer of the transfer of a business. The Labour
Relations Act," following European precedent,; provides for [he transfer of
employees' contractual and other employment rights from the old to the
new employer if a business is transferred as a "going concern". In addi•
lion, the Constitution4 provides for the horizontal application of funda~
mental rights,~ thus creating scope for the enforcement of socio~economic
rights as between employer and employee Employment benefits, it will
be argued, fall into this category.
Particular attention is given to retirement
Description
Keywords
Transfer, Enterprises, Protection, Employment benefits
Citation
Du Toit, D. (2004). The transfer of enterprises and the protection of employment benefits in South and Southern Africa. Law, Democracy and Development, 8(1): 85-118