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

Sectoral Determinations

Sectoral Determination 14 : Hospitality Sector, South Africa

Part G : Termination of Employment

30. Temporary employment services


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


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


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


(4) If the temporary employment service is in default of its obligation to make any payment in terms of this determination to an employee 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 employee is entitled to recover such amount from the employment service.