Abstract
M.Comm.
The purpose of this study is to compare and contrast, through a literature review,
the compliance of the Republic of Korea (ROK) and the Republic of South Africa
to the minimum labour standards of the International Labour Standards (ILO).
The minimum standards are established as the core labour standards, embodied
in the eight fundamental conventions. The ROK and South Africa’s labour laws
and labour practices are benchmarked against the ILO’s International Labour
Standards (ILS) in order to compare these practices and to establish if these
labour standards comply with the minimum standards set by the ILO. The
propositions stated are: that the ROK and South African labour standards differ,
that South African labour standards comply with the minimum labour standards
of the ILO; and that ROK labour standards do not comply with the minimum
standards of the ILO. The propositions were verified.
The ILO standards are described in order to identify the minimum rules set by the
core labour standards as embodied in the eight fundamental conventions. The
two countries’ labour relations histories, labour laws, labour relations institutions
and rule making strategies are described as part of the labour practices in these
countries. The labour practices in each country are analysed and benchmarked
against the ILO ILS in order to identify an inconsistency between law and
practice.
In South Africa, the Constitution includes all international laws when interpreting
South African law. The only exceptions are when the Constitution or when an act
of Parliament specifically excludes the contents of such a law. The conclusion is
that South Africa complies with ILO ILS.
In the ROK, the labour practices such as the right to the freedom of association
and collective bargaining of non-permanent workers, as well as the exclusion of
certain categories of workers are areas of concern.