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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 6 : Private Security Sector, South Africa

20. Temporary employment services, labour brokers and independent contractors

 

(1) Employers shall abide by the provisions of the Labour Relations Act, Act 66 of 1995, as amended, in respect of Temporary Employment Services, Labour Brokers and Independent Contractors.

 

(2) Notwithstanding the above, no employer may use the services of a Temporary Employment Services, Labour Brokers or Independent Contractors unless the Temporary Employment Service, Labour Broker or Independent Contractor provides the employer with satisfactory proof that it is in compliance with –
(a) Sectoral Determination 6;
(b) the Unemployment Insurance Act;
(c) the Compensation for Occupational Injuries and Diseases Act.
(d) the South African Revenue Services, and is in possession of an IT30 tax certificate; and
(e) the rules of the Private Security Sector Provident Fund.

 

(3) The provisions of sub clause 20(2) shall not apply to Alarm Installers and Employment Agencies.

 

(4) Disguised employment relationships, including those involving self-employed security guards, may be tested according to the factors in clause 18.