The use of temporary employment services (TES), or better known in South Africa as labour brokers, has been part of the agricultural labour market for many years. Due to many contentious issues around the use and regulations of TES, the Labour Relation Act (LRA) was amended in 2014 to introduce protections for employees in precarious employment. The amendments strengthened the regulations to provide greater protection for workers placed in temporary employment services. The foundation of responsibility was cemented in the fact that both the TES and the employer (i.e., farm/packhouse) are jointly and individually liable for any contraventions of employment conditions. The Act goes further by making it clear that employment conditions must meet the minimum and maximum standards required from all parties. Section 198(1) of the LRA defines a TES as a person who, for reward, procures for or provides to a client, the services of workers whom it remunerates.
As there are SIZA members who make use of the services of TES, it is important to remember that the employment relationship between the employer and the TES is a joint responsibility. In the same way as there are requirements that need to be met for the farm or packhouse, there are also requirements for the TES. An adequate way to manage and measure compliance is to have the TES also undergo the SIZA programme. Members can refer the TES to SIZA, but make sure to provide them with the necessary tools and guidance as to how the SIZA programme works because they do not understand the process and they are under the impression that once they register as a member, they are compliant to all the requirements.
SIZA compiled a document which lays out the process to become SIZA compliant, please provide the TES with this document when you refer them to SIZA. https://siza.co.za/wp-content/uploads/2021/03/The-SIZA-Programme-TES-2021.pdf
It has also come to our attention that there are TES providers and contractors who supply members with falsified certificates, i.e., SIZA Audit Completion Letters. This is highly unethical and illegal and SIZA opened a formal case against a TES for this action. Therefore, it is important to be aware of who your service providers are. Do not hesitate to verify the authenticity of the information of your TES provider by calling or emailing the SIZA office before appointing them.
If you need any assistance, or if you would like to verify a TES, please feel free to contact SIZA at our office 021 852 8184/werner@siza.co.za