This has been a huge argument among labour experts some saying all temps become permanent after six months. Well today (4 April 2012) the Department of Labour held their first public briefing in Johannesburg and here is what the Labour Chief Director Thembinkosi Mkalipi had to say….
Temporary work would be defined as that lasting no more than six months, said chief director of collective bargaining Thembinkosi Mkalipi. “After six months, I cannot be treated differently from other employees, no matter if I am employed by the broker or the client,” he said. “Let’s give workers what is due to them.” This could be summarised as “same treatment and same pay for the same work”. Exceptions included workers who earned more than R172,000 per year, certain types of seasonal work and contracts to replace staff on sick leave.
So there we have it! and I qoute “…no matter if I am employed by the broker or the client”
Amendment of section 198 of Act 66 of 1995 – general provisions regulating temporary employment services
Section 198 continues to apply to all employees. It retains the general provisions that a TES is the employer of persons whom it employs and pays to work for a client, and that a TES and its client are jointly and severally liable for specified contraventions of employment laws.
A number of further general protections are introduced:
- An employee bringing a claim for which a TES and client are jointly and severally liable may institute proceedings against either the TES or the client or both and may enforce any order or award made against the TES or client against either of them.