| (1) |
An employee of a temporary employment service who is provided to one or more clients within the Industry for a period— |
| (a) |
in excess of two months is deemed to be an ordinary employee and all relevant provisions of this Agreement are applicable to that employee; |
| (b) |
of less than two months, is deemed to be a temporary employee of that temporary employment service, and only the provisions of this clause, and clause 69 and clause 2(1)(a) of Schedule 4 of this Agreement apply to those employees. |
| (2) |
The contract of employment of an employee of a temporary employment service is deemed to be a weekly contract, unless the employee is a temporary employee of such temporary employment service, in which case the contract is deemed to be a daily contract. |
| (3) |
If a temporary employment service contravenes the provisions of this Agreement or defaults on any obligation provided for in terms of this Agreement, the employee may hold the employer to whom that employee was supplied, liable for complying with that obligation. |
| (4) |
No employer may use the services of a temporary employment service unless the temporary employment service— |
| (a) |
is registered with the Council; |
| (b) |
provides satisfactory proof to the employer that it has complied with all its obligations in terms of the Unemployment Insurance Act, and the Compensation for Occupational Injuries and Diseases Act; |
| (c) |
provides satisfactory proof that it has complied with its obligations to the South African Revenue Services and is in possession of an IT30 Tax Certificate. |
| (5) |
When a temporary employment service supplies one or more workers to an employer, the employer must notify the Council in writing on the prescribed forms. The notification must be submitted to the Council in the month following the date of utilising the employees. |
| (6) |
Prevailing Labour Legislation (including but not limited to the Labour Relations act, Basic Conditions of Employment Act, Employment Equity Act) regarding temporary employment services will apply. |
[Clause 66(6) substituted by clause 6(1) of Notice No. R. 329, GG 39830, dated 17 March 2016]
South African Council for Educators Act, 2000
