It is common for agricultural businesses, especially during peak season, to make use of Temporary Employment Services (TES) to supplement their workforce. While this practice provides flexibility and operational support, it has also raised important compliance questions during social audits.
Over the past few years, recurring uncertainties have emerged:
• What is required from a TES or a subscriber during a SIZA audit?
• Where does the responsibility lie regarding compliance?
• Should the TES be included in the SIZA audit or not?
Understanding the answers to these questions is essential to ensuring a smooth, successful audit process.
What is a Temporary Employment Service (TES)?
A Temporary Employment Service (TES) provides workers to a subscriber (client) during peak production periods or when additional labour is required. Importantly, the workers are employed by the TES, not by the supplier directly. A TES is someone who directly impacts your liability and risk according to labour legislation. That means they fall under your service conditions, such as health and safety and management rules.
While this arrangement may seem straightforward, the legal responsibility for compliance is not limited to the TES alone.
Understanding Liability: Why Both Parties Are Accountable
Under the Basic Conditions of Employment Act and the Labour Relations Act, the TES and the supplier are jointly and severally liable for compliance with labour legislation. This means that if a TES fails to comply with minimum labour standards, sectoral determinations, or other legal requirements, both the TES and the subscriber may be held legally accountable.
In other words, outsourcing labour does not outsource responsibility.
What Does the SIZA Social Standard Require?
During a SIZA social audit, if a SIZA subscriber/supplier makes use of one or more TES providers, the auditor may request:
• A signed Service Level Agreement (SLA) between the supplier and all the TES providers.
• Evidence that the supplier monitors and evaluates the TES’s compliance with applicable legislation.
• Documentation showing that due diligence is conducted regularly.
• Proof that the TES complies with minimum legal and SIZA requirements.
Businesses using a TES are expected to demonstrate active oversight, not merely reliance on the TES’s assurances. Therefore, evidence of this oversight will be key during an audit to demonstrate this.
For practical guidance, example checklists, and explanatory documents, visit the SIZA website under Temporary Employment Services guidance.
Should the TES Be Included in the Audit?
If the TES is a valid, up-to-date SIZA subscriber and holds a current SIZA social audit, with a valid Audit Completion Letter, then:
• TES employees will be excluded from the suppliers’ interview sample during the audit.
• However, the TES arrangement itself is not excluded from the audit scope.
• Auditors may still conduct spot checks to verify that the supplier has exercised appropriate due diligence.
If the TES does not have a valid SIZA audit, greater scrutiny may be applied, and workers must then be included in the audit sample.
Responsibility for compliance lies with both the supplier and the TES. The legal framework in South Africa makes it clear that accountability is shared.
Ultimately, compliance is important for passing an audit, but it also demonstrates responsible business practices and protects workers’ rights. By ensuring that TES providers meet minimum legal and SIZA standards, subscribers strengthen trust within the supply chain and provide assurance to their markets.
For more information, please contact:
Wian van Niekerk, wian@siza.co.za or phone 021 852 8184
Proactive preparation today ensures confidence and credibility tomorrow.
