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. In circumstances where the service is rendered by a labour broker, the employees involved in rendering the service may be deemed to be in the client’s employ if the employees earn less than R205 433.30 a year and rendered services to … Continue Reading