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Govindjee, Avinash --- "Social protection and vulnerable workers in South Africa" [2019] ELECD 1077; in Westerveld, Mies; Olivier, Marius (eds), "Social Security Outside the Realm of the Employment Contract" (Edward Elgar Publishing, 2019) 120

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

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

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: Social protection and vulnerable workers in South Africa

Author(s): Govindjee, Avinash

Number of pages: 20

Abstract/Description:

This contribution focuses on possible modalities for extending the social protection net in South Africa to include vulnerable, non-standard workers. It is submitted that there has been an over-emphasis on linking most labour and social security protection to “employment”, particularly given the South African constitutional framework, and that “vulnerable workers”, as a broader group, are deserving of enhanced focus and expanded social protection. It is suggested that a more flexible approach to linking existing social security benefits to vulnerable workers is necessary, particularly given the frequent absence of formal employment relationships and the inability of low-earning workers to contribute on a regular basis to social insurance funds. Piloting such an extension of social security benefits to categories of non-standard workers who are not employees, using the existing income threshold contained in employment law as a basis, would enable policy-makers to consider the financial implications and take steps to eliminate the risk of abuse.