新南非劳动权制度的嬗变及中资企业的应对

The Transformation of the Regimes of the New South Africa Labor Rights and Chinese Enterprise's Countermeasures

新南非的劳动权制度萌芽于旧南非,完善于新南非成立初期,在保护南非劳工的合法权益和促进劳动人权等方面发挥着积极作用。但存在两方面的问题:一是自由劳动权的条件过于宽松,极易诱发劳工滥用而妨碍劳资关系的稳定;二是实施社会劳动权的成本过高,推高了企业的用工成本而影响经济效率。为有效克服新南非劳动权制度给中资企业带来的不利影响,中资企业应及早建立和完善劳资风险防控体系。

The labor rights regimes originated in old South Africa and developed in new South Africa,which has played a great role in the protection of labor rights.At the same time,the regimes have led to two internal shortcomings,one is the lower cost of enforcement of labor freedom right and the other is heavy social cost of the enforcement of its social labor standards.The former has caused labor-capital relationship unstable and the later has increased the total social cost in South Africa.In order to overcome the negative effect,Chinese enterprises should establish effective countermeasures to avoid or reduce the labor risks.