The extension of social security protection to non-standard workers : a comparative study between South Africa and the United Kingdom

LLM, North-West University, Mafikeng CampusBasically this study seeks to address the exclusions with regard to social security protection. Investigations have been undertaken particularly on the legislation dealing with social security protection. In this country the overwhelming majority of employees are working in the informal sector, that is, temporary workers, teleworkers, part-time workers, fixed-term workers and other categories of employees (non-standard workers.) The right of those workers has dominated our discussion in an endeavor to find out the extent to which legislation affords social security protection to them. In doing so, the dissertation compares the legal regimes in two countries, the United Kingdom and the Republic of South Africa. It is imperative at this time of our constitutional dispensation to ask the question as to whether the current system of social security in South Africa is comprehensive enough to accommodate those who have been previously disadvantaged by the legacy of apartheid? Is there a need to extend social security protection to those who are not covered in terms of the existing social security legislation? This study seeks to establish the scope of protection under the existing social security legislation and institutional arrangements. The Constitution of the Republic of South Africa, as the foundation or the pillar of all laws in our country, serves as the point of departure in ensuring that all the legislation dealing or regulating social security conform to the principles envisaged in the Constitution. It is hoped that this dissertation will assist those who are involved in the process of building an integrated and inclusive framework of social security protection in South Africa. It will further strengthen the hopes and confidence in those who are seeking solutions to the problems of the poor, unemployed, disabled, old and young in terms of uplifting their socio-economic status. In this way architects of social policy and governments planners will hopefully draw inspiration from this modest undertaking. The reason why the dissertation has used the United Kingdom for comparison is that, their system is more comprehensive than the system we are using in South Africa. The system there is challenging enough for doing a better comparative study with South Africa and its sub-regional partners in the Southern African Development Community, taking into consideration that the United Kingdom has subjected part of their sovereignty to the European Union as their regional structure