The Labour Relations Act 66 of 1995 comprehensively restructured South African labour law and for the first time provided all employees in South Africa with employment protection consistent with international labour standards. In the period since the LRA came into effect, there have been extensive changes in the South African labour market. Work has become increasingly diverse with an increasing proportion of work being performed by workers in non-standard employment. This process of informalisation has
resulted in increasing numbers of workers not being protected, or being inadequately protected, by labour law. Many firms have restructured to reduce standard employment or have adopted strategies to avoid or minimise labour law. These strategies include outsourcing, the use of fixed-term contracts, temporary and part-time work and labourbroking.
(In this memorandum, prepared for the Department of Labour, workers hired in terms of these arrangements are referred to as “non-standard employees”.)