The transfer of enterprises and the protection of employment benefits in South and Southern Africa

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dc.contributor.authorDu Toit, Darcy
dc.date.accessioned2013-08-21T08:15:47Z
dc.date.available2013-08-21T08:15:47Z
dc.date.issued2004
dc.description.abstractIntroduction: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 retirementen_US
dc.description.accreditationDepartment of HE and Training approved listen_US
dc.identifier.citationDu Toit, D. (2004). The transfer of enterprises and the protection of employment benefits in South and Southern Africa. Law, Democracy and Development, 8(1): 85-118en_US
dc.identifier.issn2077-4907
dc.identifier.urihttp://hdl.handle.net/10566/689
dc.language.isoenen_US
dc.privacy.showsubmitterfalse
dc.publisherFaculty of Law, University of the Western Capeen_US
dc.rights© 2004 Du Toit; licensee University of the Western Cape. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/2.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
dc.status.ispeerreviewedtrue
dc.subjectTransferen_US
dc.subjectEnterprisesen_US
dc.subjectProtectionen_US
dc.subjectEmployment benefitsen_US
dc.titleThe transfer of enterprises and the protection of employment benefits in South and Southern Africaen_US
dc.typeArticleen_US

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