Labour Inspectors will soon be able to enforce compliance orders against Temporary Employment Services (TES) in terms of the new proposed legislative changes, a meeting was told in Bloemfontein on Monday, 23 April 2012.
TES is what is currently referred to as Labour Brokering.
The meeting, which was organised by the Department of Labour as part of the public briefing sessions on labour law amendments, was attended by stakeholders from business, organised labour, civil society organisations and government departments.
Thembinkosi Mkhalipi: Chief Director responsible for Labour Market Policy in the Department said this will prevent either party from shirking responsibility when it comes to the rights of workers hired by TES.
“A worker will have a right to make both TES and its client liable of any accuses of abusive practices he or she may bring against,” he said.
He said in terms of the new amendments, a TES may not employ a worker on terms and conditions not permitted by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA) or the bargaining council agreement.
Mkhalipi also said that another imminent change would see Inspectors using their discretion when issuing Written Undertakings, and this undertaking would be enforceable without the Inspector issuing a Compliance Order, should the employer fails to comply.
Enquiries
Thembinkosi Mkhalipi
Cell: 082 854 4358
Ian Macun
Cell: 082 908 2861