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




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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