This has been a huge argument among labour experts some saying all temps become permanent after six months. Well today (4 April 2012) the Department of Labour held their first public briefing in Johannesburg and here is what the Labour Chief Director Thembinkosi Mkalipi had to say….

Temporary work would be defined as that lasting no more than six months, said chief director of collective bargaining Thembinkosi Mkalipi. “After six months, I cannot be treated differently from other employees, no matter if I am employed by the broker or the client,” he said. “Let’s give workers what is due to them.”  This could be summarised as “same treatment and same pay for the same work”. Exceptions included workers who earned more than R172,000 per year, certain types of seasonal work and contracts to replace staff on sick leave.

SOURCE: iafrica

So there we have it! and I qoute “…no matter if I am employed by the broker or the client”

Amendment of section 198 of Act 66 of 1995 – general provisions regulating temporary employment services
Section 198 continues to apply to all employees. It retains the general provisions that a TES is the employer of persons whom it employs and pays to work for a client, and that a TES and its client are jointly and severally liable for specified contraventions of employment laws.

A number of further general protections are introduced:

•  An employee bringing a claim for which a TES and client are jointly and severally liable may institute proceedings against either the TES or the client or both and may enforce any order or award made against the TES or client against either of them.

As we all know the amendment bills for the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) have been submitted to the Cabinet Committee by The Minister of Labour. Next Up is the Public hearings and it is of interest to note that the public briefings planned by Department of Labour are intended to strictly inform and are not an input gathering session. One way traffic it seems.

“We are going to have briefings in all the provinces. In 2010 after publishing the new bills for amendment, we went on a national public hearings campaign, where we solicited comments from the public and various organisations. So, we feel it is also important, that we should go back and report to public what we propose. We want to educate interested stakeholders what these changes mean. Our duty now is to provide clarification,” DoL Chief Director: Collective Bargaining Thembinkosi Mkalipi (27 March 2012)

SOURCE: DOL

The schedule for the public briefings is as follows: 

Johannesburg, Orion Devonshire Hotel on 04/04/2012;

Cape Town, Fountains Hotel 05/04/2012;

Polokwane, Meropa Casino 09/04/2012. (Thats Easter Monday! Someone tell the Minister)

(Polokwane changed to 02/05/2012 CHANGES HERE)

Durban, Tropicana Hotel 12/04/2012; (Durban changed to 18/04/2012) (CHANGES HERE)

Port Elizabeth; Eastern Cape Training Centre 17/04/2012;

Bloemfontein, President Hotel 23/04/2012;

Kimberley, ICC Kimberley 24/04/2012;

Rustenburg,  Hunters Rest 25/04/2012; (Rustenburg changed to 20 April 2012) (CHANGES HERE)

Witbank Protea Hotel 26/04/2012;

NB All public briefings will be held from 10:00 to 13:00