Resumen

TENZA, Mlungisi  y  CABE, Nduduzo. The Provision of a Safe Working Environment for E-Hailing Workers in South Africa: Who Bears This Responsibility?. Obiter [online]. 2025, vol.46, n.3, pp.666-682. ISSN 2709-555X.  https://doi.org/10.17159/pmpr3083.

The introduction of electronic hailing (e-hailing) work in South Africa, with the use of the mobile application (app) as a mode of doing business, has placed Uber drivers under vicious attack by rival taxi operators. There have been various scenes and reports where drivers have been assaulted while performing their duties. It is believed that the cause of the attacks on Uber drivers is competition over passengers. Taxi operators appear not to accept that the Fourth Industrial Revolution has brought some changes to the way work is done and that the transport industry is also affected by these developments. Like all workers operating in South Africa, Uber drivers need to be protected by law. The law entrusts all employers with the duty to provide safe working conditions for their workers. It seems that Uber drivers are an exception to this rule, as the Uber employer has not been seen taking measures to protect its drivers from violence or attacks instituted against them. It must be remembered that labour law in South Africa only protects people who are "employees". Since the contract of Uber drivers states that they are "independent contractors", they are seemingly excluded from protection by labour law. It follows that the limited application of labour law to "employees" excludes many categories of worker (including e-hailing workers) from its scope of coverage and protection. The authors argue that the definition of an employee should be broadened to cater to the many categories of worker that have emerged as a result of the Fourth Industrial Revolution. If this happens, the Uber employer will be bound to provide a safe working environment for its drivers.

Palabras clave : Uber drivers; an app; taxi operators; competition; violence; safe working environment.

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