African Journal of Hospitality, Tourism and Leisure (Aug 2017)
The exploitation of Migrant Labour in the Hospitality Industry in South Africa.
Abstract
The purpose of this article is to demonstrate that despite a progressive Constitution that provides everyone with the right to fair labour practices as well as progressive labour legislation, migrant workers in the South African hospitality sector remain severely prejudiced and exploited by ruthless employers. This article sets out the nature of work in the hospitality sector and the consequent abundance of low paid and low skilled precarious jobs in the sector. The desperation of migrants and illegal aliens from countries such as Mozambique, Malawi and Zimbabwe, renders them willing to accept these exploitative jobs. The relevant provisions of South African legislation and how the courts have interpreted them are discussed. The reasons for the fact that these laws have been of little assistance to desperate migrants are explained. They include the fact that many migrant workers in the hospitality sector do not qualify as employees in terms of legislation and therefore do not enjoy protection in terms of the labour legislation; the fact that generally migrants are not unionised; the vulnerability of illegal immigrants vis-à-vis their employers thus opening them up to exploitation; the lack of capacity and or willingness on the part of the Department of labour to enforce the rights of workers and the lack of knowledge and financial resources on the part of migrants to enable them to pursue their rights.
