n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The extension of labour legislation protection to illegal immigrants

Volume 21, Issue 5
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Until recently, it has generally been accepted that since the contract of employment forms the basis of any employment relationship, there can be no such relationship if there is no valid employment contract. The natural consequence of this is that if there is no valid contract of employment underlying the relationship, the labour legislation is not applicable. This traditional view that a contract of employment provides the 'cornerstone of the edifice' of labour regulation is not unique to South Africa.

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