Radnik imigrant i zakonska zaštita. Diskusija o iskustvu Južne Afrike

Abstract

Within the context of this paper, a migrant is defi ned as an asylum seeker, a refugee, a legal and or an illegal immigrant. Labour migration in South Africa has received little attention due to concerns with immigration, which a re regarded as far more immediate and pressing. This consideration and others provide the impetus for this paper, which in the opinion of the authors adds to the growing concern over the issues of xenophobia and incidences of maltreatment of African immigrants in South Africa, especially against the background of the bold posture of South Africa’s co nstitution as the most promising constitution in the world. One must note that South Africa’s independence in 1994 and the prospects of a booming economy in a democratic sett ing unleashed a floodgate for immigration into the Republic from a variety of cou ntries in Africa including Eastern Europe. This paper finds that despite narratives th at tend to argue that migrant workers are deficiently protected in South Africa, evidence sug gests that their rights within and outside of the workplace are indeed under the veil of prote ction by the legislation and the courts. Nonetheless, we are of the opinion that more interv entions need to be in place, especially