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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part G : Termination of Employment

33. Temporary employment services


(1) In this clause, "temporary employment service" means any person who, for reward, procures for or provides farm workers to a client if that person remunerates the farm workers.


(2) For the purpose of this Determination, a farm worker whose services have been procured for, or provided to, a client by a temporary employment service is employed by of that temporary employment service, and the temporary employment service is that person’s employer.


(3) The employment service and the client are jointly and severally liable to comply with this determination in respect of its farm workers.


(4) If the employment service is in default of its obligation to make any payment in terms of this determination to a farm worker for a period of thirty days, the client concerned becomes liable to make payment.


(5) A client that in terms of this clause makes any payment that is owing to a farm worker is entitled to recover such amount from the employment service.