Worldwide: Outsourcing

As employment needs evolve in response to advancement in technology and changes in global economy, organisations are increasingly seeking flexible and efficient solutions to expand their global workforce.

The impact of globalization and trade liberalization on Nigeria's employment practices cannot be overstated. With the drive for increased profitability and competitiveness, a significant shift...

Labour and Employment Comparative Guide for the jurisdiction of Kenya, check out our comparative guides section to compare across multiple countries

The Constitutional Court judgment in the matter of The Aviation Union of South Africa and the South African Transport and Allied Workers’ Union v South African Airways (Pty) Limited and LGM South Africa Facility Managers and Engineers (Pty) Limited and Allan and 204 others became available on 24 November 2011.

When an outsourcing agreement terminates any employees transferred in terms of the agreement are not automatically transferred back to the old employer or to any new service provider.

Since its introduction into the amended Labour Relations Act, 66 of 1995 ("the LRA") in 2002 and the pronouncement on its application by the Constitutional Court in the case of National Education Health & Allied Workers Union (NEHAWU)v University of Cape Town & Others (2003) (CC), labour and commercial practitioners are familiar with Section 197 as having application to transfers of businesses.