Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Electrical Industry of South AfricaExtension to Non-parties of the Main Collective AgreementPart l: Scope of Application, Definitions and General Terms and Conditions of EmploymentClause 41 - Temporary Employment Services provisions i.r.o. employees earning below the earnings threshold |
(1) | This section only applies to employees earning below the earnings threshold as published by the Minister of Employment and Labour from time to time in terms of Section 6(3) of the Basic Conditions of Employment Act, 75 of 1997 [Earnings Threshold Determination]. |
(2) | For the purposes of this Agreement, an employee: |
(a) | Performing a temporary service as per the temporary service definition for the client is the employee of the temporary employment services; or |
(b) | Not performing such temporary service for the client is deemed to be the employee of that client and the client is deemed to be the employer; and subject to the justification provisions in Clause 40 and 41, employed on an indefinite basis by the client. |
(3) | All the terms and conditions of this Agreement shall apply in respect of an employee deemed to be employed on an indefinite basis. |