Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided in the Government’s report in reply to its previous comments.

Article 2 of the Convention.  In its previous comments, the Committee requested the Government to indicate whether independent contractors, who are not covered by the Labour Relations Act, could otherwise associate to further and defend their occupational interests. In its latest report, the Government states that employment legislation in South Africa is primarily aimed at protecting and securing rights of vulnerable members of the working group, in particular those who are primarily uneducated, less skilled or non-skilled and have no bargaining power relative to employers or potential employers. Independent contractors, while excluded from relying on the Labour Relations Act in respect of their labour rights, are nonetheless guaranteed the freedom to associate and further their occupational interests under the Constitution. While independent contractors cannot redress their claims in labour courts, the ordinary courts of the land are available to them, as well as to associations acting in their interest, to seek enforcement of their rights. The Government therefore considers that the spirit of Article 2 is complied with in respect of independent contractors. The Government adds however that proposed amendments to employment legislation may result in the inclusion of independent contractors and other persons involved in atypical employment relationships within the ambit of legislation such as the Labour Relations Act and the Basic Conditions of Employment Act.

The Committee notes this information with interest and requests the Government to keep it informed of the progress made in including independent contractors and other persons in atypical employment relationships within the ambit of the labour legislation.