Back to: Introduction to the Labour Relations Act (LRA)
9.1 Temporary Employment Services
Welcome to Module 9 of our course on the Labour Relations Act, 1995. In this module, we will focus on the general provisions of the Act, beginning with temporary employment services.
Temporary employment services (TES), also known as labour brokers, involve the provision of employees to a client by a TES provider. The Labour Relations Act regulates TES arrangements to ensure fair treatment and protection of employees.
Under the Act, a TES is defined as any person who, for reward, procures for or provides to a client other persons who perform work for the client and who are remunerated by the TES. The Act stipulates that a TES and the client are jointly and severally liable for any contraventions of employment laws, such as unfair dismissal or unfair labour practices.
The Act also sets specific conditions for TES arrangements. For example, an employee provided by a TES to a client is deemed to be an employee of the client if the employment period exceeds three months, or if the employee performs work that is not temporary in nature. This provision ensures that employees receive the same protections and benefits as permanent employees of the client.
The client must also ensure that the TES complies with the provisions of the Labour Relations Act and other applicable employment laws. This joint responsibility helps to prevent exploitation and ensures that employees’ rights are upheld.