The transfer of enterprises and the protection of employment benefits in South and Southern Africa

摘要

Introduction:The era of globalisation has brought sweeping change to the workplace.Transfers, mergers, outsourcing and an erosion of employment securityhave been among the consequences. In a country with an inadequatesocial security network, such as South Africa, many employees are cru~dally dependent on employment-related benefits such as retirement fundsand medical aid. If they lose their Jobs, they lose their benefits as well.This article deals with some of the Implications, from an employee'spoint of view, of the transfer of the transfer of a business. The LabourRelations Act," following European precedent,; provides for [he transfer ofemployees' contractual and other employment rights from the old to thenew employer if a business is transferred as a "going concern". In addi•lion, the Constitution4 provides for the horizontal application of funda~mental rights,~ thus creating scope for the enforcement of socio~economicrights as between employer and employee Employment benefits, it willbe argued, fall into this category.Particular attention is given to retirement