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Amended Labour Relations Act

by lloyd last modified 2010-08-30 05:47

198. Temporary Employment Services

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 9 : General Provisions


198. Temporary Employment Services

(1)           In this section, "temporary employment service" means any person who, for reward, procures for or provides to a client other persons-

 

(a) who render services to, or perform work for, the client; and

 

(b) who are remunerated by the temporary employment service.

 

(2)           For the purposes of this Act, a person whose services have been procured for or provided to a client by a temporary employment service is the employee of that temporary employment service, and the temporary employment service is that person's employer.

 

(3)           Despite subsections (1) and (2), a person who is an independent contractor is not an employee of a temporary employment service, nor is the temporary employment service the employer of that person.

 

(4)           The temporary employment service and the client are jointly and severally liable if the temporary employment service, in respect of any of its employees, contravenes-

 

(a) a collective agreement concluded in a bargaining council that regulates terms and conditions of employment;

 

(b) a binding arbitration award that regulates terms and conditions of employment;

 

(c)  the Basic Conditions o Employment Act; or

 

(d) a determination made in terms of the Wage Act.

 

(5)           Two or more bargaining councils may agree to bind the following persons, if they fall within the combined registered scope of those bargaining councils, to a collective agreement concluded in any one of them-

 

(a) temporary employment service;

 

(b) a person employed by a temporary employment service; and

 

(c)  a temporary employment service client.

 

(6)           An agreement concluded in terms of subsection (5) is binding only if the collective agreement has been extended to non-parties within the registered scope of the bargaining council.

 

(7)           Two or more bargaining councils may agree to bind the following persons, who fall within their combined registered scope, to a collective agreement-

 

(a) temporary employment service;

 

(b) a person employed by a temporary employment service; and

 

(c)  a temporary employment service's client.

 

(8)           An agreement concluded in terms of subsection (7) is binding only if-

 

(a) each of the contracting bargaining councils has requested the Minister to extend the agreement to non-parties falling within its registered scope;

 

(b) the Minister is satisfied that the terms of the agreement are not substantially more onerous than those prevailing in the corresponding collective agreements concluded in the bargaining councils; and

 

(c)  the Minister, by notice in the Government Gazette, has extended the agreement as requested by all the bargaining councils that are parties to the agreement.


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