Protecting non standard workers’ right to freedom of association and trade unionism

Abstract

The failure of the Labour Act to accommodate the increasing incidence of long-term casuals has left a yawning lacuna in our employment legislation. The right to unionise is a fundamental human right under the Constitution, but because they fall outside the definition of ‘worker’ in the Labour Act, nonstandard workers are denied this right. Moreover, research has shown that nonstandard workers are the most vulnerable to exploitation and abuse by their employers. By reviewing existing laws and relevant literature, this work attempts a concise but comprehensive expose` on the available laws that protect the right of nonstandard workers to unionise. Patterns and practices of trade union discrimination against nonstandard workers are presented and recommendations made based on empirical findings. Sector-specific legislation will be required to address peculiar issues that prevail in different employment sectors. The National Industrial Court is urged to make the most of its expanded jurisdiction which enables it to directly apply international labour conventions where apposite. The Labour Ministry is encouraged to embrace its responsibility of oversight for all classes of workers, industries and outsourcing firms.

Keywords: Nonstandard work, trade union, fundamental human right, National Industrial Court