Atypical or non-standard work: A challenge to workers’ protection in South Africa

Abstract

This article discusses the problem of atypical or non-standard work in the light of persistently spiraling challenges that very much threaten the realization of international decent work agenda. The nature and extent of atypical employment has been a critical factor because of its dimension on diminishing the realization of human rights in the workplace. The resultant thereto is burgeoning precarious work, which deprives workers access to their fundamental social necessities associated with decent work. It is revealed that indubitably, atypical work is associated with declining living standards, persistent poverty, societal socio-economic inequalities, diminishing job security and lack of social protection. Thus, it is considered a human rights issue which can best be addressed using the law in the Constitution, 1996 and fundamental international instruments. It is asserted that essential labour legislation should be reformulated to enable it to be responsive in restoring and sustaining its purpose of protecting workers labour rights, and safeguarding their social security in the modern world of work. This is essential for labour peace and social justice, because labour law ought to resonate with the transformative ideals of the Constitution.