Abstract:
The article looks into the question whether unwaged workers enjoy freedom of
association, and are involved in social dialogue with the state to promote interests of
workers. It establishes the connection between the concepts of freedom of association
and social dialogue. The article revolves around unwaged street vendors of Lesotho.
International standards of International Labour Organization, and statutes of Lesotho
are examined. The examination reveals that the unwaged vendors do not enjoy
freedom of association, nor are they involved in social dialogue. This is due to
Lesotho’s Labour Code which caters for employees alone and excludes unemployed
workers, hence rights of workers are not extended to them; again, there are
inappropriate statutes and frameworks which lead to non recognition of legitimate
associations of unwaged workers, and there are no structures that cater for social
dialogue with this group of workers. The article recommends amendment of the
Labour Code for it to extent right to freedom of association to all workers, including
unwaged workers; removal of inappropriate frameworks which cloud recognition of
workers unions, without recognition of associations, social dialogue becomes
ineffective. The state must also establish structures which develop and promote social
dialogue. Without recognition of these concepts, unwaged workers remain trapped in
poverty.
