n Law, Democracy & Development - The transfer of enterprises and the protection of employment benefits in South and Southern Africa

Volume 8, Issue 1
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



This article deals with some of the implications, from an employee's point of view, of the transfer of the transfer of a business. The Labour Relations Act, following European precedent, provides for the transfer of employees contractual and other employment rights from the old to the new employer if a business is transferred as a "going concern". In addition, the Constitution provides for the horizontal application of fundamental rights, thus creating scope for the enforcement of socio-economic rights as between employer and employee Employment benefits, it will be argued, fall into this category.

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