Temporary Employment Services: The Labour Appeal Court Decides
Trade union opposition to the use of temporary employment services (“TESs”) – commonly referred to as labour brokers – and concerns that TES employees were not being accorded rights granted to them in terms of South African labour legislation, led to the introduction of amendments to the Labour Relations Act, 1995 (“LRA”) that came into force in January 2015. Instead of heeding calls from the Congress of South African Trade Unions to ban TESs, the legislature introduced a regulatory regime, albeit a fairly strict one.
· if a TES employee is assigned to a client as a substitute for an employee who is temporarily absent from work; or
· if a TES employee is assigned to a client to perform a category of work that is determined to be a temporary service by a collective agreement concluded in a bargaining council, a sectoral determination or a notice published in the Government Gazette by the Minister of Labour.
· the client must treat the deemed employee “on the whole not less favourably” than its own employees who perform the same or similar work, unless there is a justifiable reason for not doing so.
Peter le Roux
employment executive consultant pleroux@ENSafrica.com cell: +27 83 626 2909
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