Much has been said in the Media with regard to the recent Constitutional Court Reading with regard to Temporary Employment Services, or what is more commonly knows as Labour Brokers. The judgement clarifies the amendments to the Labour Relations Act of 2014.
The amendments of 2014 sought to protect employees in Labour Broker arrangements which were clearly articulated in a letter addressed to NUMSA by employees of Concor Engineering which were sent to them in 2009 (Labour brokers: The good, the bad, and the ugly). It is particularly clarifying clause 198A 3 (b),i.e.
It is important to clarify a few issues which were raised in the judgement:
By contrast, the TES merely supplies the labour who are then supervised and provided materials and tools by the client.
It is important to note that all TES providers must be registered as such and certified by the Department of Labour. The Department in the process of certification inspects and ensures that the TES is operating in accordance with all labour legislation.
We will see with interest what the effect of this judgement is going to be on the TES Industry.
For more information please see the press release on the Numsa website: NUMSA wins landmark Constitutional Court decision on labour brokers!