| (1) |
The provisions of Section 198 and Section 198A of the Labour Relations Act, 1995 are incorporated in this Agreement. |
| (2) |
All temporary employment services as referred to in Section 198 of the Act, shall register with the Council if they provide to a client, employees to perform any work falling within the definition of "Electrical Industry". |
| (3) |
No employer may use the services of employees procured from a temporary employment service, unless such service provides sufficient proof of— |
| (a) |
registration in terms of the Unemployment Insurance Act, 1966; |
| (b) |
registration in terms of the Compensation for Occupational Injuries and Diseases Act, 1993; |
| (c) |
registration with this Council; and |
| (d) |
compliance with the provisions of this Agreement. |
An employer who procures the services of an employee or employees from a temporary employment service shall complete a form in the format of ADDENDUM 2 of this Agreement in respect of each such employee, and such form shall be signed by both the employer and the employee concerned declaring that the particulars are correct.
| (4) |
The form referred to in sub-clause (3) shall contain the following particulars: |
| (a) |
The name, telephone number, residential address, and identity number of the employee, |
| (b) |
the business name, business telephone number and physical business address of the temporary employment service concerned, |
| (c) |
the date from which the employer uses the services of the employee and the expected termination date, |
| (d) |
the site address where the services of the employee are to be used, |
| (e) |
the anticipated normal working hours and overtime to be worked by the employee, and |
| (f) |
the occupation applicable to the employee in terms of this Agreement. |
| (5) |
The employer shall submit the form referred to in sub-clause (3) above to the Council within five working days after he has commenced using the services of the employee or employees. |
| (6) |
In terms of Section 198(4) of the Act, the temporary employment service and the employer shall jointly and severally be liable if the temporary employment service, in respect of its employees, contravenes any of the conditions of this Agreement. |
| (7) |
If the client of a temporary employment service is jointly and severally liable in terms of Section 198(A) or is deemed to be the employer of an employee in terms of Section 198A(3)(b) |
| (a) |
The employee may institute proceedings against either the temporary employment service or the client; |
| (b) |
A designated Council Agent acting in terms of this Agreement may secure and enforce compliance against the temporary employment or the client as if it were the employer, or both; and |
| (c) |
Any order or award made against a temporary employment service or client in terms of this sub-clause may be enforced against either. |
| (9) |
The temporary employment service shall be required to comply with all the terms and conditions of this Agreement and the relevant Pension/Provident Fund Agreements referred to in Clause 31 of this Agreement. |
| (10) |
Should the temporary employment service be a member of an employers' organisation that is a party to the Council, the provisions relating to trade union membership and subscriptions and payment of employer's organisation levies shall apply. |
| (11) |
The Council staff shall conduct wage book inspections at all temporary employment services every 6 months. |
South African Council for Educators Act, 2000
