Temporary Employment Services (TES) are commonly referred to as labour brokers in South Africa. TES and their services are mainly regulated by the Labour Relations Act 66 of 1995 (LRA) and the Basic Conditions of Employment Act 75 of 1997 (BCEA). Several producers in South Africa use TES’s services to supply labour during peak seasons. It is important 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 to adequately monitor the TES and ensure they comply with all labour laws.
If a producer would like to minimise risk when using a TES, they can always refer the TES to SIZA, who can guide and assist the TES in evaluating its compliance status against the SIZA compliance requirements. SIZA offers various resources to producers and assists TES in ensuring they are compliant with legal requirements. For more information, along with checklist examples, contract templates, and explanatory documents that can be utilised during the monitoring process, the following documents and information are available on the SIZA website: Guidance on Monitoring a TES.
Do not hesitate to verify the authenticity of your TES provider’s information by calling or emailing the SIZA office before appointing them. When a TES undergoes a SIZA audit, it does not have to form part of the audit scope, but please remember that the business contracting the TES must still prove how it effectively monitors the TES’s compliance despite the third-party audit. To verify a TES’s audit status, feel free to view TES with SIZA Audits.
| Percentage of Businesses using TES per Province | |||||||||
| Eastern Cape | Free State | KwaZulu-Natal | Gauteng | Limpopo | Northern Cape | Mpumalanga | North West | Western Cape | |
| Stone Fruit | 0,00% | 0,00% | 0,00% | 0,46% | 0,92% | 0,00% | 0,00% | 0,00% | 28,15% |
| Pome Fruit | 0,00% | 0,00% | 0,00% | 0,23% | 0,00% | 0,00% | 0,00% | 0,00% | 16,16% |
| Citrus | 2,87% | 0,00% | 0,37% | 0,12% | 4,49% | 0,00% | 2,37% | 0,00% | 14,23% |
| Table grapes | 0,00% | 0,00% | 0,00% | 0,00% | 0,30% | 0,00% | 0,00% | 0,00% | 7,53% |
If you need any assistance or would like to verify a TES, please feel free to contact SIZA at our office at 021 852 8184 / wian@siza.co.za.
