Tag: Temporary Employment Service (TES)

An increasing number of jurisdictions are embracing digital nomads as a potential source of economic good, lightly taxed but who contribute to the fiscus through their daily and considerable spending habits. South Africa is no exception, following some recent exciting developments within the immigration policy space.

In March 2022, the Department of Communications, through ICASA, began auctioning off available spectrum to bidders, largely telecoms corporations. This auction netted more than R14 billion for the national fiscus and will hasten the roll-out of critical digital connectivity across the country while creating numerous job opportunities, particularly within the media and film industry.

The pandemic has highlighted the importance of employee relations in the workplace, and it is more critical than ever to maintain clear communication between management and workers. A breakdown in employee relations can be detrimental to the organisation and business productivity.

South Africa has one of the highest unemployment rates globally, which results in significant economic challenges. It has also created a growing contingent of discouraged job seekers, who have effectively given up on trying to secure employment, which exacerbates the issue.

South Africa has one of the highest unemployment rates globally, which results in significant economic challenges. It has also created a growing contingent of discouraged job seekers, who have effectively given up on trying to secure employment, which exacerbates the issue.

Temporary employment opportunities are on the rise in South Africa, and with many global enterprises seeking to outsource certain business processes, the South African labour market is becoming increasingly attractive. While many local businesses also have a need for certain skills, that need is not ‘full time’.

Following the rise of a second COVID-19 wave in many countries, vaccines are in high demand. While desperate to resume pre-pandemic operations, businesses in South Africa find themselves in a tricky position. Should they enforce vaccinating workers to ensure a safe work environment, as well as operational continuity? If so, they risk a legal battle with employees who have a constitutional right to refuse the vaccination in order to have their religious customs and beliefs respected.

According to all Acts that pertain to employment, Temporary Employment Service (TES) providers are regarded as the employer of any TES worker placed within a given organisation. However, according to the Occupational Health and Safety (OHS) Act, the TES provider is not regarded as the employer, which means the responsibility of the employees’ health and safety lies with the organisation itself.

South Africa has a complex labour environment, and depending on the industry a business operates in or the specific operational needs of the business, the laws applicable may differ. This landscape can become immensely complex to navigate, which is exacerbated further when it comes to flexible or part-time work, temporary or contract employment.

Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (TES) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.