THE MORE THINGS CHANGE; THE MORE THEY STAY THE SAME?
EXPRESS EMPLOYMENT PROFESSIONALS REMAIN COMMITTED TO OUR VISION
“To help as many people as possible find good jobs, by helping as many clients as possible find good people”
Reality- The future of thousands of South African workers hangs in the balance, due to some of the negative press following the outcome of the Constitutional Court case. At Express Employment Professionals, we adopt the CAPES interpretation (see below), and encourage our clients, and business at large, not to have a knee jerk reaction to the negative press.
Carolyn Diaz, Managing Director at Express Employment Professionals, believes the outcome gives clarity in that the relationship between Business and Temporary Employment Services (TES) companies remains. “Express Employment Professionals, as a registered Temporary Employment Service (TES) provider, plays a vital (and legitimate) role to providing access to work for employees. Employers utilise our services as their business needs fluctuate, adopting different outsourcing models to accommodate these business needs,” says Carolyn.
As registered members of CAPES and APSO, we remain committed to our vision, our clients, and our employees. Below are excerpts from the CAPES Press release.
“Whilst the judgement was expected by the industry, it does not negate the important role that Temporary Employment Services (TES) will continue to play in workforce management and enabling skills development and employment in the economy.”
“At paragraph 75 of the judgment it is importantly confirmed that the Temporary Employment Service (TES) remains and that there is not a transfer of the employment relationship but rather a continuation of the triangular relationship between the TES and the client.”
“We believe that this industry will continue to play a major part in the success of the SA economy and labour market in managing the demands of globalisation, competitiveness, the 4th industrial revolution and the effective transition of individuals into employment.”
“The rapidly changing economic, social and political environment demands that business is adaptable and places pressure on individuals to improve their skill sets to meet the 4th industrial revolutionary changes in the market. The TES industry has been proven to be a primary driver of skills development and an essential labour market enabler to ensure the long-term employability of individuals.”
“We believe that the interpretation gives more clarity than the Labour Appeal Court judgement and expands upon issues not dealt with in that judgement. This case is about a limited interpretation of whether there are two employers or one, for the purposes of the Labour Relations Act only. Affected employees are those who earn below the BCEA threshold (currently R205 433 per annum) and who are placed for longer than three-months.”
“The judgement clearly indicates that the TES and client relationship continues beyond three months, and we believe that for legitimate TES providers where the provisions of the LRA amendments have already been implemented, this judgement doesn’t affect their ability to operate at law.”
To read the full CAPES press release, please visit http://www.capes.org.za/con-court-judgement-handed-down-26-july-2018/