- Title
- Legal position of TES employees
- Creator
- Sidloyi, Sicelo
- Subject
- Temporary employment -- Law and legislation -- South Africa
- Subject
- Temporary help services -- Law and legislation -- South Africa Employees -- South Africa Labor laws and legislation -- South Africa
- Date Issued
- 2019
- Date
- 2019
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/43478
- Identifier
- vital:36896
- Description
- This paper focuses on the legal position of employees of a Temporary Employment Services (hereinafter referred to as “TES”), also referred to as a labour broker defined as a person or entity that provides workers to others, (their clients) to perform duties for the benefit of the client for compensation. This tripartite relationship is established by an employment contract between the employee and the TES (this forms the basis of the employment relationship) and a commercial contract between the TES and the client. This relationship is regulated by S198 of the Labour Relations Act1 (hereinafter referred to as “LRA”). This section provides protection to employees of a labour broker, where before it, such protection did not exist. This section along with its subsections will be discussed in length in this paper and this section will be criticized and its shortcomings will be highlighted. Due to S198’s shortcomings, The South African Government introduced proposed amendments to the LRA (hereinafter referred to as “LRAA”).2 These proposed amendments and the effect thereof on TES are studied to determine whether it will better the current issues experienced with TES. The amendments provide difficulty in its interpretation, particularly S198A (3) (b), also referred to as the deeming provision. This paper will study the amendments and its subsections. S198A(3)(b) is problematic in its interpretation because due to the manner in which it is drafted, strong arguments can be made for either a sole employment interpretation or a dual employer interpretation. The main focus of the paper will be to study provisions of S198 (A) (3) (b) and look at who the employer is, of employees in a TES relationship, between the TES and the client. This question will also ultimately indicate what the legal position is of employees in TES relationship. This paper will also look at how courts have interpreted the deeming provision and their findings will be highlighted and criticised.
- Format
- 87 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | SICELO SIDLOYI.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |