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The Labour Relations Act 1995 deals with strikes and unions and the like; the Basic Conditions of Employment Act is a fall back option for those vulnerable workers who are not able to unionize due to various reasons, such as the kind of work they do. Domestic and farm workers are pertinent examples in the South African context.
The domestic work sector occupies around 6 per cent of the total work force in South Africa, [58] with domestic workers being largely Black African women. [59] As in other countries, working conditions in the sector are generally characterised by informality and exploitation.
The Convention on Domestic Workers, formally the Convention concerning Decent Work for Domestic Workers is a convention setting labour standards for domestic workers. It is the 189th ILO convention and was adopted during the 100th session of the International Labour Organization, in 16 June 2011. [2] It entered into force on 5 September 2013. [1]
Organizing South Asian Workers (AOSAW). In 2010, after years of organizing, DWU attained a landmark victory. On August 31, 2010, then New York Governor David Paterson signed a law [A.1470B (Wright)/S.2311-E (Savino)] which extended labor protections to domestic workers. The law, otherwise known as the Domestic Workers Bill of Rights, went into
The South African Domestic Workers' Union (SADWU) was a trade union representing domestic staff in South Africa.. The union was founded in 1986, with the merger of the South African Domestic Workers' Association (SADWA), the East London Domestic Workers' Union, the Port Elizabeth Domestic Workers' Union, the National Domestic Workers Union, and the Domestic Workers' Union.
South Africa's municipalities may, in terms of the Constitution of the Republic of South Africa, 1996, make by-laws for the effective administration of the matters it has a right to administer. The areas within which a municipality may make by-laws are listed in Schedule 4 Part B, and Schedule 5 Part B, of the Constitution.
Alternatively, even if sex workers do have section 23 rights, the Labour Relations Act – in denying protection against unfair dismissal to sex workers – imposes a justifiable limitation on those rights, because the limitation "gives effect" to the rule-of-law principle that courts should not sanction illegal activity.
Despite reform efforts in South Africa, the compounding effects of apartheid and gender discrimination have resulted in women being more likely to be employed in low-skill occupations, largely as domestic workers. [6] Women are also more likely to live below the poverty line than men, particularly women of color in South Africa. [6]