Standard and non-standard workers: A critical analysis of the regulation of temporary employment services in South Africa

Abstract

This study focuses on South Africa’s regulation of temporary employment services. Over the years, the regulation of temporary employment services has proven problematic, particularly with regards to the provision of employment security and the realisation of decent work. Having noted the afore-mentioned predicament, the legislature amended section 198 of the Labour Relations Act1 to incorporate section 198A, for the purposes of providing additional protection to vulnerable employees in a temporary employment service. Thus, this study sought to determine whether the amendments to the 1995 LRA, particularly section 198A, provide adequate protection to the vulnerable employees employed by temporary employment services. Therefore, the researcher examined whether the “sole employment” interpretation of section 198A(3)(b) of the 2014 LRAA upheld by the Constitutional Court in the Assign Services(Pty) Ltd v National Union of Metalworkers of South Africa & Others2 case assisted in enhancing the legal protection of vulnerable employees employed in a temporary employment services. This discussion highlights the practical difficulties of integrating the Assign Services case judgement with current provisions of the 1995 LRA. It further indicates that the judgement provided more questions than the certainty it was sought for, which in turn, undermines the legislature’s intention of providing vulnerable workers with greater protection. This study adopted a doctrinal methodology. LL