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Skills Development Act, 1998 (Act No. 97 of 1998)

Regulations

Regulations with regard to Private Employment Agencies

5. Registration of employment services for gain

 

(1) An application for the registration of an employment service for gain must be submitted to the Director-General in triplicate in the form of Annexure 5.

 

(2) The registration certificate issued in terms of section 24(3)(a) of the Act must be in the form of Annexure 6.

 

(3) The employment service must display the registration certificate in a conspicuous place in its office.

 

(4) Where an employment service moves to new premises, it must apply to the Director-General for a fresh registration certificate in respect of the new premises.

 

(5) The owner or manager of an employment service must keep a register in the form of Annexure 7 and 8.

 

(6) The owner or manager of an employment service must retain all documentation received by him or her relating to applications for employment and the employment of persons for a period of at least three years from date of receipt thereof

 

(7) All records referred to in these regulations must be kept meticulously from day to day by making entries in legible letters in ink or typescript on durable material.

 

(8) An employment service shall not -
(a) charge fees to work-seekers exceeding the following rates: In the case of a person who registers for work with the employment office, a registration fee of one rand and, in addition at the end of the first month of employment that he or she obtained as a result of such application or on the receipt of his or her remuneration where such employment is of less than one month duration, an additional amount of not more than 7½ percent of the remuneration that he or she receives for such amount or shorter period as the case may be: Provided that the registration fee is not payable by a person in respect of subsequent registration during a period of 90 days counted from the date on which such registration fee has been paid.
(b) charge an amount for an advertisement that he or she may have placed in a publication in addition to that referred to in paragraph (a) unless authorized thereto by the work-seeker.

 

(9) The owner or manager of an employment service must issue to every employer or work-seeker referred to in subregulation (8) a receipt in respect of any amount of money received. The receipt must be made out in duplicate and the owner or manager of an employment service must keep the counterfoils for a period of at least three years after the date of issue.

 

(10) The owner or manager of an employment service must at all times, in a prominent place in the office of the employment service where it can be easily read by members of the public, display the scale of fees which may be charged to work-seekers in terms of these regulations.

 

(11) The owner or manager of an employment office shall not allow any other person to conduct such on his/her behalf, and no person shall conduct an employment office on behalf of any other person without the prior written approval of the Director-General.

 

(12) The owner or manager of an employment service must on or before the 10th day of January of each year submit to the Director-General a report stating the number of persons, classified according to race, gender and occupation, who were placed in or recruited for employment during the previous year by that employment service.