Abstract
This dissertation examines the legal status of creative workers in South African labour law, their precarious working conditions and limited protections under current frameworks. Creative workers, including freelancers and independent contractors in the music; film; and performing arts industries, face challenges such as irregular income, lack of social protections, and minimal access to fair labour practices. Existing labour laws, like the Labour Relations Act and the Basic Conditions of Employment Act, predominantly address conventional employment models, leaving creative workers vulnerable and excluded from critical safeguards.
This study critically analyses the statutory definition of "employee" in South African labour law. It examines the courts' use of outdated classification methods, such as the dominant impression test, which often fails to account for the complexities of modern work arrangements. By exploring international best practices, including Canada's "Status of the Artist" Act, this research highlights the benefits of tailored policies for creative industries. These policies include defining employment statuses more clearly, establishing minimum wage standards for creative professions, and implementing specialized social security and healthcare provisions.
The recommendations from this analysis include a multi-stakeholder approach involving government, labour unions, and creative industry representatives to ensure fair treatment of creative workers. By adapting labour laws to the realities of non-traditional employment, South Africa can foster a thriving and equitable creative sector while safeguarding workers' rights.