What happens if the employment office sends you someone with false credentials you use them as say a licensed truck driver and they kill a few people in the Pinetown intersection will they be liable?
What happens if the employment office sends you someone with false credentials you use them as say a licensed truck driver and they kill a few people in the Pinetown intersection will they be liable?
Only stress when you can change the outcome!
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.
It must be about four years ago now when I was at an AgriSETA meeting where they were waxing lyrical about how China has these state employment centres in place. There was a clear interest in establishing something similar here.
My understanding of the system in China is the vacancy is listed and searchable, interested work seekers will have to express their interest, and the employer is able to view a list of applicants, together with cv's etc. Apparently it works quite well there - it helps employers find the best candidates available, and work seekers find jobs, even if it isn't in their immediate locale but they're prepared to relocate.
Ultimately its success in SA will come down to the way it is implemented. It wouldn't be the first time a successful program that works perfectly well somewhere else has been well and truly butchered and botched locally (the National Skills Development Strategy and SETA's being a case in point).
Participation is voluntary.
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Does this mean that I can't employee/recruit someone I like for another company or even a family member?
After the incident I had with my local post office I have no hope left for this country. I went to collect a parcel address to my brand - yes, brand. Hy business is called Hillcraft and the brand Scalecraft. I have been going to the post office for 14 years and know the two local employees very well. Their kids went to primary school with mine. The BBE refuses to give me the parcel because I need to provide her with a company letterhead in the name of Scalecraft. I keep telling her that it is a brand and not a company and that I am happy to give her my ID. I also tell her that I've been going there for 14 years and that two others standing next to her can vouch for me. She goes on and on so I say ok, please tell me who sent the parcel so that I can tell them what is happening...no she says she can't do that either...So the parcel will sit there till it goes RTS and hopefully doesn't go to her house...
If this is the calibre of employee that the government is going to try and force on me then I am going to close my business and go to OZ...even Zim for that matter, at least I will work with a couple of intelligent people.
I am about to go to the post office right now with only a tracking number, I actually dread going because I have a feeling in my bones that I am going to totally strip my moer yet again whilst my 14 year long friends are forced to stand by and just shake their heads.
At first glance it looks like you probably can hire someone that isn't on the list provided by DoL, and not even have to justify the decision except if the person you hire is a foreign national.
As usual, the devil will be in the detail. At this point it's hard to say how things will settle in the end - it's just a bill, and there's a fair chance some aspects will change between now and the final result.
Participation is voluntary.
Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services
You don't have to employ someone from the data base.
What you do have to do is inform the body of every vacancy and when you fill a vacancy, hence why I say it will improve the employment rate as government will need to employ a whack of people to keep data up-to-date.
TES and recruitment companies will need to be registered.
In summary it's a whole lot of paper work and data capturing with essentially 2 results/goals
- make employment of foreigners more tight and better monitoring
- give job seekers a data base. Theoretically it will match their skills to advertised vacancies, presumably sending them a note. No different from all the online systems, just covering all subtypes and levels.
In short, lot of money and time with no real benefits that I can see.
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 Bill also seeks to regulate, and to provide a licensing system, for what are referred to as private employment agencies”
But then they say
“One interpretation of these provisions is that they effectively abolish labour broking”.
So which is it? Will labour brokers be banned or not?
It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change. – Charles Darwin
Here is the bill itself in PDF format. I just scanned trough it but will make a summery of it in the next week or so.
Employment Services Bill.pdf
peace is a state of mind
Disclaimer: everything written by me can be considered as fictional.
pmbguy (18-Nov-13)
why not make all your staff contractors to your business?
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