COSATU commend the Labour Appeals Court’s judges in defending the campaign by workers to ban labour brokers
The Congress of South African Trade Unions commends the Labour Appeals Court’s judges in defending the campaign by workers to ban labour brokers. COSATU support the call by the labour appeal court in NUMSA v Assign for employers to comply with this law, to automatically convert all contracts of workers working on a temporary basis into permanent contracts with all rights and benefits afforded to permanent workers.
Since the coming into effect of the 2014 Labour Relations Amendment Act, there has been a deliberate confusion by employers on the question of who becomes the employer of the placed workers ,when the period of 3 months kicks in. The Labour Appeal Court has ruled that after a period of 3 months there is sole employment in the sense that the client or the real employer becomes the only employer and not the labour broker.
COSATU call on all employers including MTN and labour brokers such as ADCORP and CAPES to respect the labour appeal court ruling. ADCORP and CAPES are the biggest bakkie brigades, who stay in a corner, hire workers and place them with a client or the real employer at a fee.
The 3 months law seeks to protect workers specifically those earning at or below R205 433.30 per annum from abuse by labour brokers, such as ADCORP ,who want to get rich at the expense of workers by employing workers on short term contracts. The law limits temporary work to 3 months. Any attempt by the employer in having 3 months contracts and terminating those contracts whilst the
The new law emphasises that one must look at the nature of the service or work and not on the person doing the job. Any placed worker who does work for a labour broker for a period of more than 3 months and is not a substitute of an employee of the client is not rendering temporary services ,and is not working for a labour broker but for the actual employer.