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The domestic worker : some considerations for law reform

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dc.contributor.author Meintjes L en
dc.date.accessioned 2016-09-22T08:13:36Z
dc.date.available 2016-09-22T08:13:36Z
dc.date.created 1991 en
dc.date.submitted 1993 en
dc.identifier.uri http://hdl.handle.net/20.500.11892/25658
dc.description.abstract This thesis examines ways in which domestic workers in South Africa could be included within the scope of existing industrial legislation. At present the legal position of a work force of 862 000 is regulated by the common law contract of service. The study sets out to determine whether the common-law contract of employment is capable of equitably regulating the employment relationship. The fallacy of the assumption that individuals agree on the terms of exchange in the employment contract on the basis of juridical equality, and the tenuous nature of the common-law employment relationship in the case of domestic workers are revealed. The two ways in which the individual employee's conditions of service can be protected from terms favouring the stronger of the two contracting parties are discussed. These are collective contracting parties are discussed. These are collective bargaining and statutory regulation. Difficulties experienced by domestic workers in respect of collective bargaining, whether they be included under the labour relations act or not, are indicated. Proposals for including domestic workers under the Basic Conditions of Employment Act are evaluated in the light of legislation in the United States of America, Zimbabwe, Swaziland and Namibia. Ways of minimum-wage fixing are investigated. Conclusions are drawn and recommendations are made. en
dc.language English en
dc.subject Law en
dc.subject Labour law en
dc.title The domestic worker : some considerations for law reform en
dc.type Masters degree en
dc.description.degree LLM en


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