Forced labour : the protection of illegal migrant workers in South Africa

Abstract

Illegal immigrants have been said to be one of the most vulnerable and precarious groups in society. This vulnerable position creates many problems for illegal immigrants, of which forced labour is one. This research aims to investigate the legal position of illegal immigrants in the workplace with special reference to forced labour. Owing to their precarious legal status, immigrants are highly susceptible to forced labour. This research considers legal provisions by the South African law in this regard as well as international law to ascertain protections available to illegal immigrants. Furthermore, the research acknowledges the importance of the Discovery Health v CCMA case to this study. This is because this particular case sets the precedent for the protections available to illegal immigrants in the workplace.