Inspectors empowered against labour brokers

Labour Inspectors will soon be able to enforce compliance orders against labour brokers, according to the Department of Labour (DOL).

At a meeting in Bloemfontein, on Monday, the DOL said there are new powers in the pipeline for labour inspectors regarding labour brokers or temporary employment services (TES).

The meeting, which was organised by the DOL as part of the public briefing sessions on the labour law amendments, was attended by stakeholders from business, organised labour, civil society organisations and government departments.

Thembinkosi Mkhalipi, chief director of labour market policy in the department, said these new powers will prevent either party from shirking responsibility when it comes to the rights of workers hired by TES.

“A worker will have a right to make both TES and its client liable of any accusations of abusive practices he or she may bring against [them].”

He added that, in terms of the new amendments, a TES may not employ a worker on terms and conditions not permitted by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA) or the bargaining council agreement.

Mkhalipi also said another imminent change would see inspectors using their discretion when issuing written undertakings, and this undertaking would be enforceable without the inspector issuing a compliance order, should the employer fail to comply.

In a meeting held yesterday, Mkhalipi told business and labour federations that it will be illegal for employers to keep employees on a temporary basis for more than six months. At the six-month mark they must be made full-time employees.

He said this is one of the protection mechanisms brought about by the amendments to the LRA and the BCEA. This “privilege” will be enjoyed by workers that earn below R172 000 annually. The exceptions to the protection of vulnerable workers would apply in cases of long term sickness, seasonal workers and fixed term project work, among others.

According to the director, businesses engaging at the National Economic Development and Labour Council were against the six months, saying it was too short, and they also argued against the equal work for equal value principle.

“While labour was happy with the six months, they believed protection of workers should start from day one, enjoying all benefits enjoyed by other workers.” Mkhalipi said in summary, the laws have struck a balance between opposing viewpoints by labour and business.