Welcome to The Forum SA. As a visitor you have read only access to the public content areas of this website. You will have to register as a member to access all content, post messages and network with our members. Membership is free and registering is quick and easy. You can click here to register now and become a member within minutes.
Ruling on deemed permanant employment and labour brokers
Ruling on deemed permanant employment and labour brokers
The CCMA has ruled that in terms of amendments that after a 3month fixed term contract a person is deemed to be a permanant employee of the company even where employed through a labour broker.
The labour broker is therefore off the hook, so to speak
Anthony Sterne
www.acumenholdings.co.za DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
The labour broker is therefore off the hook, so to speak
Perhaps not if the employer can still sue the TES for some reason. In the matter I read, one of the points was that the commercial aspects of the contract still remained valid.
Most labour brokers have an indemnity clause.
I think such a clause could be ruled against public policy and therefore invalid.
The TES wouldntehn escape the liability, BUT that would probably close their business
Anthony Sterne
www.acumenholdings.co.za DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
Most labour brokers have an indemnity clause.
I think such a clause could be ruled against public policy and therefore invalid.
The TES wouldntehn escape the liability, BUT that would probably close their business
I couldn't agree more, my learned colleague. I'll give you the honours of explaining 'public policy.'
We process personal data about users of our site, through the use of cookies and other technologies, to deliver our services, personalize advertising, and to analyze site activity. We may share certain information about our users with our advertising and analytics partners. For additional details, refer to our Privacy Policy.
By clicking "I AGREE" below, you agree to our Privacy Policy and our personal data processing and cookie practices as described therein. You also acknowledge that this forum may be hosted outside your country and you consent to the collection, storage, and processing of your data in the country where this forum is hosted.
Tweet
Comment