By Neo Sesinye
Tebogo Moalusi, National IR Director at Workforce Staffing
On 26th July 2018, after three years of debate, the Constitutional Court made a judgement regarding the roles and responsibilities of Temporary Employment Service (TES) providers and their clients with regards to employees. This pertains to the deeming provision referred to in section 198A of the Labour Relations Act (LRA).
The ruling states that the client of a TES provider is deemed to be the sole employer of assigned temporary employees earning R 17 119 or less per month, following three months of employment.
Until the ruling was made, following the insertion of the clause in 2015, interpretation was up in the air, and it was deemed that employees remained under the employment of both the TES provider and their client for the duration of the employment contract. This meant that both the TES and their client were dually responsible for an employee under contract for the purposes of the LRA, which deals primarily with unfair labour practices and dismissals.
What this means?
It all sounds very complex, however it’s relatively simple. The new ruling does not mean that an employee automatically transfers from the TES provider’s contractual responsibility to the client’s, following three months of employment, Click here to read entire article
Source:: IT News Africa