The Protection of the Rights of Employees amid Business Transfers: A South African Perspective

In South Africa, section 197 of the Labour Relations Act 66 of 1995 (LRA) plays a crucial role in safeguarding the rights of employees during business transfers. This provision aims to ensure job security and protect the terms and conditions of employment for employees affected by such transfers. Section 197 imposes an obligation on the new employer to retain the existing employees’ contracts of employment, preserving their rights and benefits. It mandates that the new employer step into the shoes of the previous employer concerning all employment-related matters. The intricacies of Section 197 extend to various aspects, including continuity of service, preservation of benefits, and protection against unfair dismissal. Employees are shielded from arbitrary termination or detrimental changes to their working conditions due to a transfer of business ownership. Despite its protective intent, challenges arise in interpreting and applying section 197. Issues such as defining a ‘transfer,’ determining who qualifies as an employee covered by the provision, and addressing disputes over compliance can complicate its implementation. Section 197 of the LRA serves as a vital mechanism for upholding employee rights in the context of business transfers. Understanding its nuances is essential for both employers and employees to navigate these transitions while ensuring fairness and adherence to legal requirements.