Should TES’s be legal compliant with labour legislation?

The Employment Services Bill provides a regulatory framework for the operation of Private Employment Agencies. This will ensure that only Temporary Employment Services (TES) also known as labour brokers who are registered with the Department of Labour to be used as temporary employment providers. It has become essential for business to align themselves with TES’s who are able to show compliance with labour legislation and who are registered with the various industry institutions. The way to achieve this is to use brokers who are not only registered with the Department of Labour, but also members of industry institutions such as The Federation of African Professional Staffing Organisations (APSO) and The Confederation of Associations in the Private Employment Sector (CAPES).

Express Employment Professionals is a member of both these leading industry institutions and is fully compliant with best practice and regulations governing all aspects of the Temporary Employment Services industry. Express proudly subscribe to the Code of Ethics and Best Practice of both APSO and CAPES and gives peace of mind to any business owner that employment laws are adhered to.

The use of a legitimate TES such as Express Employment Professionals has various other benefits such as our indemnity. Our standard Terms and Conditions with our clients has since inception already catered to indemnify them against Express’s unlikely breach of bargaining council agreements, sectoral determinations and collective agreements. We have now extended our indemnity to cater for the latest amendments to South African labour laws which has introduced joint and several liability for dismissals. This provision gives an employee the ability to institute proceedings against either the TES or the client. Express Employment Professionals will indemnify a client from dismissal awards should Express fails to adhere to dismissal procedures, provided that the indemnity procedures was followed. This extended indemnity caters for your business needs and will be a benefit to any business owner who value flexibility. Terms and conditions apply.

To further emphasise the good of the industry, research was conducted by the Centre for Development and Enterprise (CDE), and it arrives at the following conclusion :

“TES firms do help a significant number of people, especially young, inexperienced workers and those who have the most tenuous connections to the labour market. These firms have become controversial in South Africa today, and there are interests that would seek to have them closed. The research reported here indicates that closing these firms down would result in costs and consequences that many currently participating in this debate may not have considered.
Critically, if – as our research indicates – TES firms are a vehicle that people least connected to the labour market are able to use to access jobs, this must be factored into the policy debate. Those who argue for an outright ban of labour-broking need to ask themselves whether whatever gains they think may accrue to the already-employed are worth the cost of reducing access to the labour market – and the economy – for those who are most excluded.
South Africa needs to deepen and broaden the links that unemployed and marginalised people have with the formal economy.
Closing down vehicles that increase access to work should not be a serious option.”

Leave a Comment