Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Main Collective AgreementDivision A : Provisions Applicable to all Establishments in the IndustryClause 3 : Particulars of Employment and Remuneration3.7 Temporary Employment Service |
| (1) | For the purpose of this clause— |
| (a) | “Temporary employment service” means a person who operates a temporary employment service (formerly known as "Labour Brokers") and who for reward, procures or provides to a client other persons— |
| (i) | who render service to, or perform work for the client; and |
| (ii) | who are remunerated by the temporary employment service. |
| (b) | A “client” means an employer registered as such in the Motor Industry in terms of clause 8 of the Administrative Agreement. |
| (c) | Temporary employment services shall be registered with MIBCO and CIPRO in order to operate within the Motor Industry. |
| (d) | Temporary employment services shall comply with the Industry Social Security Benefits Agreements and fund rules. |
| (2) | In accordance with section 198 of the Labour Relations Act— |
| (a) | A person whose services have been procured for or provided to a client by a temporary employment service shall be the employee of that temporary employment service and the temporary employment service shall be that person’s employer, and |
| (b) | the temporary employment service and the client shall be jointly and severally liable if the temporary employment service in respect of any of its employees contravenes— |
| (i) | a collective Agreement concluded by a Bargaining Council that regulates terms and conditions of employment; |
| (ii) | a binding arbitration award that regulates terms and conditions of employment; |
| (iii) | the Basic Conditions of Employment Act; or |
| (iv) | a determination made in terms of the Basic Conditions of Employment Act. |
| (3) | An employer shall comply with all the provisions of this Agreement and the Administrative Agreement in respect of those persons rendering services at or in respect of his establishment through any arrangement or Agreement with a temporary employment service, as if those persons were employed by the employer. |
| (4) | A person conducting business as a temporary employment service registered in terms of clause 8 of the Administrative Agreement and Chapter I of Division C of this Agreement shall be entitled to supply labour to an employer or establishment falling under or registered in terms of any other Chapter of this Agreement. |
| (5) | Notwithstanding anything else in this clause no employer operating in sector 5 will have any of their core work force belonging to temporary employment services by the end of February 2012. |
| (6) | Notwithstanding anything else in this clause for all employers operating in the rest of the industry no employer will have more than 35% of their core work force consisting of temporary employment services by the end of August 2013. |
| (7) | This Agreement shall not restrict the Parties rights to pursue the temporary employment services issue at any further NEDLAC processes. |