Protecting Precarious Workers: Reforming Collective Bargaining Laws

Question

The traditional framework of collective bargaining, designed for standard employment relationships, inadequately serves the needs of workers in non-standard, precarious employment. Contemporary labour markets demand innovative approaches to worker representation and collective voice.
Based on this statement, you are required to:

1. Critically evaluate the adequacy of existing legislative frameworks governing trade union registration and collective bargaining in protecting vulnerable workers.Refer to all relevant authority, including relevant legislation, case law, international standards and secondary sources. (35)
2. Design and justify three innovative mechanisms through which collective bargaining (akin) rights could be extended to workers in non-standard employment relationships

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Critical evaluation of existing legislative framework
The main focus of Labour Relations Act 66 of 1995 in South Africa was on providing standard full time employment, and as a result of this, the workers in non standard employment such as part time or temporary work are ignored. As a result, the adequacy of existing legislative Framework in governing trade union registration and collective bargaining in protecting vulnerable workers is highly questionable. The trade union registration therefore requires formal structures and minimum threshold, and the collective bargaining needs to consider the gig or contract work which is currently ignored.
Three innovative mechanisms to extend collective bargaining rights
The three innovative mechanisms that are considered essential in extending collective bargaining rights are sectoral bargaining platform for non standardised workers, statutory working associations with limited bargaining powers and finally the need for a fair Audit and worker committee in platform work.

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