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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:To borrow and bend: the challenge of comparative labour law in southern Africa
Author:Kalula, EvanceISNI
Periodical:Annual conference - African Society of International and Comparative Law
Geographic terms:Southern Africa
South Africa
Subjects:labour migration
labour law
Abstract:The changing political situation in South Africa offers the prospect of closer political and economic relations with other States in southern Africa. This will have implications for labour law and policy in the region. A new phase of migrant labour, for instance, can be expected with increased movements of capital in the region. The uneven state of development of, in particular, labour organization, industrial relations and applicable labour laws raises the need to develop comparative labour law in southern Africa. The current process of regional integration has to be at the basis of this development. While new labour laws are emerging in different jurisdictions of the region, the quest for harmonization of labour standards, problematic as it might be, would underpin the process of regional integration. It is also the best preventive against the phenomenon of 'social dumping': the temptation for countries to reduce social protection, thereby reducing labour costs, to gain competitive advantage. The link between labour law and human rights, which is now taken for granted in many jurisdictions, should also be an issue of comparative labour law. However, the development of comparative labour law in the region will involve a process of 'borrowing and bending' in the absence of mature systems of labour law. Notes, ref.