Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 6 : Private Security Sector, South Africa20. Temporary employment services, labour brokers and independent contractors |
| (1) | Employers shall abide by the provisions of the Labour Relations Act, Act 66 of 1995, as amended, in respect of Temporary Employment Services, Labour Brokers and Independent Contractors. |
| (2) | Notwithstanding the above, no employer may use the services of a Temporary Employment Services, Labour Brokers or Independent Contractors unless the Temporary Employment Service, Labour Broker or Independent Contractor provides the employer with satisfactory proof that it is in compliance with – |
| (a) | Sectoral Determination 6; |
| (b) | the Unemployment Insurance Act; |
| (c) | the Compensation for Occupational Injuries and Diseases Act. |
| (d) | the South African Revenue Services, and is in possession of an IT30 tax certificate; and |
| (e) | the rules of the Private Security Sector Provident Fund. |
| (3) | The provisions of sub clause 20(2) shall not apply to Alarm Installers and Employment Agencies. |
| (4) | Disguised employment relationships, including those involving self-employed security guards, may be tested according to the factors in clause 18. |