Een rechtsvergelijkende studie tussen het Nederlandse en Zuid-Afrikaanse ontslagrecht : met als deelonderwerp, retrenchment

[摘要] ENGLISH ABSTRACT:The central concern of this thesis is retrenchment. Itbegins with an overview of the law concerning dismissalwhereafter the general position relating to retrenchmentand the guidelines of the Industrial Court in that regard,are discussed. Reference is also made to retrenchment onthe grounds of insolvency, closure and merger of companies.The legal position in South Africa is compared with thatin Dutch labour law, with the purpose of the determiningwhich of the two systems offer the best protection toemployees faced with retrenchment.Two criteria were applied, ie that of ,~srtainty of law andthe level of protection offered by the law.The differences between the two systems are substantial.While South Africa has a common law system, the Dutch havea civil law system. A second difference is the fact thatin the Netherlands there exists a very strong stateintervention in employment affairs to a far larger degreethan in South Africa. Dutch dismissal law can be calledpreventive and pro-active, while the South African lawappears to be largely re-active.The general conclusion is that workers' ri9hts in the eventof retrenchment are more secure in Dutch labour law, andthat the Dutch system offers a useful point of referencefor reform of the South African position.

[发布机构] Stellenbosch University