A New Dawn within the Labour Recruitment Industry

1. A New Dawn within the Labour Recruitment Industry By: Elias Monage CAPES President

2. Global Trends • ILO Conventions and Recommendations • ILO Decent Work Country Programme • Conceptualisation of Decent Work by ILO provides a fair income, employment security,social security benefits and healthy and safe environment

3. Global Dialogue • Global Union and CIETT Corporate Members on Temporary Agency Work- the parties support the establishment of a regulatory framework for the industry to promote decent forms of temporary agency work. • The agreement is global in scope with mutual commitments. • The Agreement recognises that temporary agency work contributes to improving the functioning of labour market by implementing active market policies,improving life-work balance • Prevent unfair competition by fraudulent agencies

4. Agreement in Principle for TES • Collective Employment Agreement for Temporary Employees 2009-2014 • The Agreement covers the following • Remuneration, • Training, • Employment conditions, • Trade union facilities, • Pension fund, • Duration and adherence • Skilled workers regulation-review the regulation after two years

5. The Namibian Situation • The Namibian High Court gave a ruling on the Constitutional validity of Section 128(1) of the Namibian Labour Act, 2007. • This section outlaws labour hire. It reads as follows “No person may, for reward, employ any person with a view to making that person available to perform work for a third party”

6. National Impacts and Trends • The 30 percent threshold within the NBCRFI • Extension of the Agency shop-”The employers organisation will charge all operators and TES’s a monthly collective bargaining levy of R200 and employees 1 percent of the weekly wage. • Other 23 Agency Agreements that operates across sectors and industries and binds TES’s • Metal and Engineering Industry Bargaining Council-Section 20 of the Agreement • Rubber Industry limitations and phasing out of TES • The SAA , SATAWU and UASA Agreement

7. Regulated Flexibility • Regulate new forms of employment- Central to this concept is the recognition that the labour market is both diverse and dynamic. • Social dialogue to address specific sector needs or a workplace • Administrative discretion – Predominantly to deal with Exemptions for sectors or industries • Administrative determinations-Ministerial determinations • Codes of Good Practice-set standards • Selective application of legislation

8. Legal Status of TES in South Africa • Labour Brokers or TES are regulated by the current provisions of the LRA i.e S198,S57 of the Employment Equity Act, S83 of the BCEA,S 23,S24 of the SDA and Numerous Bargaining Council Agreements including Sectoral Determinations • COIDA etc

9. Compliance / Enforcement • Registration of TES • Bargaining Councils and Dol inspectorate • Review of certificates and requirements • Membership of Association and verification mechanisms • Labour Legislations and Regulations

10. NEDLAC Issues • Human Resources Development Strategy • SETA Re-establishment and NSDS 3 • Social Security and Retirement Reforms • ESSA Regulations • Decent Work Country Programme • Atypical forms of employment • Current labour legislative provisions in respect of outsourcing,contract work and TES • Research

11. CCMA and other Dispute Institutions • Termination and end of assignments • Jurisdiction • Contract of Employment • Code of Best Practice-Labour Broking in Mpumalanga • Settlements and awards

12. Code of Ethics • Forge and set the standards for adherence to the highest principles of ethics, equity, integrity,professional conduct and practical ethical behaviour in all dealings in upholding the reputation of the industry • Adherence to the code of ethics forms part of professionalism of the industry

13. ENDThank you