n Law, Democracy & Development - The transfer of enterprises and the protection of employment benefits in South and Southern Africa
|Article Title||The transfer of enterprises and the protection of employment benefits in South and Southern Africa|
|© Publisher:||University of the Western Cape|
|Journal||Law, Democracy & Development|
|Author||Darcy Du Toit|
|Publication Date||Jan 2004|
|Pages||85 - 118|
|Keyword(s)||University of the Western Cape|
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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