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Fourie, Elmarie --- "Gender and race in the informal economy: the South African framework" [2019] ELECD 1074; in Westerveld, Mies; Olivier, Marius (eds), "Social Security Outside the Realm of the Employment Contract" (Edward Elgar Publishing, 2019) 58

Book Title: Social Security Outside the Realm of the Employment Contract

Editor(s): Westerveld, Mies; Olivier, Marius

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Gender and race in the informal economy: the South African framework

Author(s): Fourie, Elmarie

Number of pages: 25

Abstract/Description:

Work in the informal economy is characterised by insufficient labour and social protection measures or no coverage at all. It is important to identify and analyse the scope of existing labour laws and social protection provisions and to provide ways, where appropriate, to extend existing legislative provisions to provide protection to vulnerable women workers. Creating gender awareness within the informal economy will require a critical analysis of how various identities are shaped through unequal hierarchies. In other words, a framework that recognises the vulnerabilities of women and addresses the challenges accordingly. A mere extension of an existing legislative framework runs the risk to promote only formal equality and does not support transformative constitutionalism. This approach can be perilous for all women workers in the informal economy as they often present a previously disadvantaged group due to race, caste and gender, and their circumstances require scrutiny to adequately regulate their positions and to ensure equality.