Labour brokers have been labelled as the reemergence of new apartheid strategy and modern slavery by some quarters in labour sectors of namibia and south africa. We are fully remotely operational during this covid19 lockdown. Labour broking is a form of acquiring casual labour. Apr 01, 2015 new labour relations act impacting labour brokers. The institute also publishes occasional papers and reports about ongoing research as well as other types of publications. Labour brokers are different from recruitment agencies in that labour brokers handle almost all aspects of the workers. This goes to show how much latitude governments have to exaggerate or.
Huge court victory for workers hired by labour brokers. The imminent new laws are aimed not at relegating labour brokers, but rather at helping both broker and client to put contract workers on the same level as. The constitutionality of the contracts of labour brokers in south africa by desirelee mostert llb submitted in accordance with the requirements for the degree magister legum in labour law at the northwest university potchefstroom campus, south africa study supervisor. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. Legal experts weigh in on labour broker ruling fin24. Pdf the employing workers indices compiled from the world banks. Labour market analysis and business process services 20 6 executive summary despite positive economic growth in the early to mid2000s, the overall level of unemployment roughly 25% in postapartheid south africa remains one of the highest in the world. Labour brokering is a form of outsourcing practiced in south africa and formerly practiced in namibia, where it was known as labour hire in which companies contract labour brokers to provide them with casual labour. Labour broking refers to the act of finding casual, short term employment for people looking for work. Labour brokering is a form of outsourcing practiced in south africa in which companies contract labour brokers to provide them with casual labour. The table has current values for labour costs, previous releases, historical highs and record lows, release frequency, reported unit and currency plus links to historical. Nov 12, 2014 temporary employment services tes, disparagingly referred to as labour brokers by unions who want them banned, have created more jobs in south africa than any other sector since 1995, says. Influenced internationally through the ilo international labour organisation, division of united nations.
Labour brokers created more jobs in sa than any other sector. These labour services usually fall outside the regular twoparty contract of employment defined under existing labour laws and thus the employees are not covered by that law. The development and labour monograph series is an interdisciplinary forum for research and debate on development and labour issues in southern africa. This final legal showdown marks the endpoint of nearly a decade of union campaigning against labour brokers. Jul 16, 2017 this final legal showdown marks the endpoint of nearly a decade of union campaigning against labour brokers. In south africa, employees taken on through labour brokers are classified as informal. The business of hiring out employees to clients by labour brokers was used in namibia from early in the 20 th century. Unfair dismissal, document, labour law, south africa, pdf.
The best 10 labour brokers in johannesburg 2020 africa. Temporary employment services labour brokers in south africa and namibia article pdf available june 2017 with 1,129 reads how we measure reads. There is the same issue at the university of south africa unisa, where around 2 000 workers were dismissed by temporary employment services. With summaries written by fellow students, you are guaranteed to be properly prepared for your exams. Find labour brokers in africa and get directions and maps for local businesses in africa.
Labour broking involves finding labourers quickly, unlike recruitment and temp agencies which may take time to find skilled workers in certain sectors the main benefit to companies who use labour brokers is the fact that the labour broking agency takes care of the interviews, payment and various other details. Nov 26, 2015 anc rejects cosatus call for a ban on labour brokers. The sectoral determination gives employers a great deal of latitude. If youre looking to hire labour brokers in south africa, you can speak to one of our consultants to find out more about how we.
It was, at one point, practiced in namibia, but currently south africa is the only country in the world in which labour broking is practiced. We view this as the first step in ending the labour brokering system in south africa. Labour broking is a form of outsourcing in which companies contract labour brokers to provide them with casual labour. The government in its aims to redistribute wealth more equitably in south africa has pushed for an increase in skilled labour. Bitter battle over labour brokers threatens south africas. Nabc produced an important estimate of the number of labour broker workers in south africa, the first updated figure since 2006. If this is your first visit please create your profile by clicking the link on the left hand panel register as a dol online user. Labour brokers created more jobs in sa than any other. Labour brokers are different from recruitment agencies in that labour brokers handle almost all aspects of the workers employment including interviews, recruitment, hr, admin. Labour guide south africa offers a wealth of labour law information and documentation to attorneys, companies and individuals. New labour legislation puts brakes on labour brokers hr pulse.
The state of collective bargaining in south africa an. Find labour brokers in johannesburg and get directions and maps for local businesses in africa. Statistics south africa, 2016 report 021102 2015 208 pp isbn 9780621449563 a complete set of stats sa publications is available at stats sa library and the following libraries. New labour legislation puts brakes on labour brokers hr. Labour broking is currently practiced in south africa. Our experience with labour brokers is that they are extremely abusive and expose workers to low wages and. Labour law south africa, employment law south africa.
This page provides values for labour costs reported in several countries part of africa. Labour brokers johannesburg employment agency in south. This years labour legislation amendments have hammered down the lid on business flexibility. Labour brokers in sas economy are they a burden or good for the economy. Masa outsourcing is one of the leading labour brokers in johannesburg, and a part of the measured ability group of companies. Online submissions department of employment and labour. We take care of all the admin involved in hiring staff, allowing you to concentrate on your core business. The dabate on labour brokers african journals online. Once you have registered and logged in you will be able to utililize the online submissions application to capture and update claims and medical reports. The new labour legislation that came into effect in 1996 severely hamstrung employers in the way they dealt with their employees. Importance of labour broking labour broking in south africa. In this situation the employee is employed by the labour broker and not by the company he is working for. Internationally labour flexibility has been the philosophy guiding state and employer reform of labour markets over the past 20 to 30 years, ostensibly in response to intensified competition caused by globalization.
South african post office sapo strategy on use of labour. Change in labour broker law hits workers south africa news. Anc rejects cosatus call for a ban on labour brokers the. Oct, 2014 the new labour legislation that came into effect in 1996 severely hamstrung employers in the way they dealt with their employees.
The term labour broker is used in south africa to refer to what are more. According to the concourt, a labour brokers liability only lasts as long as its relationship with the company which is its client and while it the labour broker rather than the client continues to remunerate the worker. Legislation is supported by codes of good practice, issued. Jul, 2017 employees hired by labour brokers will be entitled to benefits if they remain employed by a company for more than three months, the labour appeal court in johannesburg has ruled. Dbs framework within the context of the south african economy. It has become more and more common for companies to use the services of an outside party called a temporary employment service or a labour broker to obtain temporary workers and to avoid all the hassles and obligations flowing from employment contracts and labour legislation. Employment laws in south africa placement dynamics. In 2010, the department of labour initially proposed to ban labour brokers outright. Alternatively, training records demonstrate that the labour broker has attended. What should employers consider when using labour brokers. The most notable pieces of legislation which aim to strengthen the labour market include.
Although south african labour legislation is complex, it is the only legislation that can be changed to accommodate specific employment relationships basson et al. Stats sa library cataloguinginpublication cip data labour market dynamics in south africa, 2015 statistics south africa. In 2002, labour legislation was again drastically amended to constrain employer rights even further. As in other sectors, mining companies do not want to bargain wages at more than one. Roleplayers in the south african labour fraternity over the past number of months. The labour broker provides the temporary workers to the client. Labour market analysis and business process services in south.
To ban labour brokers outright would be disastrous and lead to huge job losses. One of the key issues facing the south african labour market is as an excess of unskilled labour. They can get a bad rap but do you really know what labour brokers do. Temporary employment services labour brokers in south africa and namibia bps van eck. Anc rejects cosatus call for a ban on labour brokers. List of best labour brokers in johannesburg of 2020. However, the labour broker industry is currently under scrutiny and awaiting. Through utilising labour brokers, employers found that they could have.
Copies of publications and further information may be obtained from. Labour guide your guide to labour law in south africa substantive fairness labour guide. Or is a subscriber to a service provider who provides advice in connection with this e. Can labour law succeed in reconciling the rights and. In 2012 unskilled labour accounted for a still high 28.
Young people age 1524, inclusive, as in many other. You are in za please select the language you prefer. Stats sa library cataloguing in publication cip data labour market dynamics in south africa, 2015 statistics south africa. This page displays a table with actual values, consensus figures, forecasts, statistics and historical data charts for labour costs.
Labour broking also serves as a form of regulating the payment for workers, and often labour brokers provide transport for workers. South africa labour brokers to challenge labour relations act amendments 20th april 2015 south african labour brokers, the local terms for temporary staffing firms, intend to go to court in the coming weeks to challenge the recently amended labour relations act, reports. Employees of labour brokers need better job security and protection of their rights. South africas labour market transformed since 1994, with an emphasis on strategies that eliminate labour inequalities of the past and improve general working conditions for all south africans. Amendments to the labour relations act were subsequently reworked and on january 1 2015, the new deeming dispensation came into effect. Labour broking may also be defined as a form of subcontracting, where definite services are procured from an outside supplier i.
There has been a considerable growth of temporary employment services, or labour brokers, as they are more colloquially known, in south africa over the past five years. Pdf the cost of doing business and labour regulation. If the labour broker has an office, a summary of the bcea, sd, ohs act and eea must be visible to employees. The views expressed are those of the authors and do not necessarily represent those of the funder, ersa or the authors affiliated institutions. Downloads your guide to labour law in south africa. South africa is the only country in the world which currently uses labour broking. The context of casual workers advice office labour flexibility. A leading provider of temporary staffing in south africa.
A south african perspective 1 september 2001 there has been a considerable growth of temporary employment services, or labour brokers, as they are more colloquially known, in south africa over the past five years. A lesson for south africa a botes 1 introduction since the 1990s labour hire has increased rapidly in namibia, without being regulated. Bitter battle over labour brokers threatens south africas fragile social order. Imraan mahomed partner and head of employment law, hogan lovells from april 1 two aspects of the amended lra affect clients using labour. Both the previous and current situations in namibia, as will be indicated below, should serve as a lesson to the south african government, which should follow the namibian. We specialise in public training, inhouse training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the labour relations and basic conditions of employment.
South africa s labour history can be traced back to 1652 and the beginning of colonialism. Statistics south africa, 2016 report 021102 2015 208 pp isbn 9780621449563 a complete set of stats sa publications is. Unfair dismissal description the code of good practice on dismissal is a vitally important document in the labour relations act, which should be studied by any party referring or defending a dispute in the ccma or a council relating to dismissal and incapacity cases. The contentious labour relations amendment bill which deals with labour brokers, among other things has not been passed for lack of quorum. Labour smart provides a one stop service for south african labour and employment law practitioners. This means that employers will lose a key means of relief from the heavy constraints of labour legislation. In discussing the reasons for such enormous growth with labour brokers and those companies utilising their services, it is evident that there are two main reasons for this growth. During 2010, several important pieces of research appeared regarding the south african labour broking industry. Law and practice of private employment agency work in south africa. We provide contingent and seasonal labour for any industry to meet your fluctuating demands. When you look at the reality of how labour brokers benefit workers, clients and the economy, you find a viable and worthy industry that south africa would be far worse off for not having.
Aug 22, 2012 labour broking is a form of outsourcing in which companies contract labour brokers to provide them with casual labour. The best 10 labour brokers 2020 africa african advice. May 09, 2014 what the legislators need to do short of making our labour laws less restraining is to try to introduce more integrity into the labour broking market. Responding to externalisation part 1 south african labour bulletin, vol.
Temporary employment services tes, disparagingly referred to as labour brokers by unions who want them banned, have created more jobs in. Employment laws in south africa south african labour legislation. Labour market analysis and business process services in. Labour broking in south africa labour brokers durban. Known as contract labour, it was characterised by inhuman and unfair labour practices. The issue affected sapos 7 500 casual employees, who recently went on strike because of a lack of pay parity between temporary and permanent staff, a lack of benefits for temporary staff, and substandard working conditions. The national association of bargaining councils nabc produced an important. Labour guide your guide to labour law in south africa downloads labour guide. Ersa shall not be liable to any person for inaccurate information or opinions contained. Find rustenburg labour and recruitment brokers and specialists. South africa is not the only, or first, country in southern africa to wrestle with this problem. May 19, 2015 bitter battle over labour brokers threatens south africas fragile social order. The impact of changes in labour broking on an integrated. South africas 21year old democracy is under strain with different axes of social conflict contributing to.
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