Service Provider or Labour Broker? How to tell the difference

By Stephanie Vermaak on September 27, 2019 Posted in General, South Africa

In January 2019 the Labour Court decided a contractor,that was appointed in terms of a service level agreement, operated as an independent service provider not as a labour broker. The distinction is critical because the deeming provisions in section 198A of the Labour Relations Act, 1995 (LRA), applies to labour brokers but not to independent service providers. … Continue reading

Controversial amendments to the LRA enacted

By Karen Ainslie (ZA) on August 20, 2014 Posted in Contracts, South Africa

The controversial Labour Relations Amendment Act was assented to by the President on 17 August 2014. With the exception of section 198(4F), the amendments will come into effect on a date to be fixed by proclamation. The Amendment Act places significant restrictions on the use of fixed term contracts and labour brokers, provides for additional … Continue reading

Labour broking: the long wait is over

By Karen Ainslie (ZA) on August 22, 2013 Posted in Contracts, South Africa

After over two years before Parliament the Labour Relations Amendment Bill was finally adopted by the National Assembly yesterday after having been passed by 248 votes to 81. The Bill looks somewhat different from the initial Labour Relations Amendment Bill, 2010. Employers should take note of the following most notable modifications: Labour broking has not … Continue reading