Temporary Employment Services (TES) are commonly referred to as labour brokers in South Africa. TES are mainly regulated by the Labour Relations Act 66 of 1995 (LRA) and the Basic Conditions of Employment Act 75 of 1997 (BCEA). Many SIZA members (farms and packhouses) make use of the services of TES, and it is, therefore, essential to remember that the employment relationship between the employer and the TES is a joint responsibility. A business cannot avoid legal obligation or responsibility for overseeing and monitoring a TES and must therefore have adequate systems in place.
SIZA offers various resources to assist members in understanding what requirements must be in place for a TES and independent contractor, along with checklist examples, contract templates and explanatory documents which can be utilised during the monitoring process: https://siza.co.za/document-library/social-library-temporary-employment-service-providers/
Do not hesitate to verify the authenticity of the information of your TES provider by calling or emailing the SIZA office before appointing them. Many TES undergo their own audit to establish compliance. Even though these TES do not form part of the audit scope, remember that the business contracting the TES must still prove how they monitor the compliance of the TES effectively, despite the third-party audit. For verification of a TES, feel free to view: https://siza.co.za/temporary-employment-services-with-siza-audits/
If you need any assistance, or if you would like to verify a TES, please feel free to contact SIZA at our office at 021 852 8184/info@siza.co.za