Acts Online
GT Shield

Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 10 : Provisions applicable to particular categories of employees

66. Employees of temporary employment services

 

(1) An employee of a temporary employment service who is provided to clients within the Industry for a period—
(a) in excess of 60 uninterrupted days, is deemed to be an ordinary employee and all relevant provisions of this Agreement are applicable to that employee.
(b) of less than 60 uninterrupted days, is deemed to be a temporary employee of that temporary employment service, and only the provisions of this clause, and clause 69 and clause 2(1)(a) of Schedule 4 of this Agreement apply to those employees.
(c) An employer must not deliberately manipulate the 60 uninterrupted days in an attempt to purposefully circumvent the provisions of this clause.

[Clause 66(1)(a) and (b) substituted and (1)(c) inserted by Proclamation Notice 262, GG52740, dated 28 May 2025]

 

(2) For the purposes of this clause (clause 66), there must be a validly concluded contract of employment between the employee (of a temporary employment service provider) and the temporary employment service provider.

[Clause 66(2) substituted by Proclamation Notice 262, GG52740, dated 28 May 2025]

 

(3) The normal weekly minimum wage of a temporary employment service employee is calculated as a proportion of the wage prescribed in Schedule 5 for the class of work actually performed by that employee. Despite sub-clause 1(a) above, the temporary employment service employee will still be paid the prescribed minimum rate for the hours actually worked. An employee of a temporary employment service provider as referred to in this clause who works for less than five hours on any scheduled day must be paid a minimum of five hours on that day.

[New Clause 66(3) inserted by Proclamation Notice 262, GG52740, dated 28 May 2025]

 

(4) Despite sub-clause 1(a) above, all contributions towards any of the Council's benefit funds, levies and expenses will be based on the rate specified in sub-clause 3 above and will be calculated on the wage earned by a temporary employment service employee for work actually performed within the industry.

[New Clause 66(4) inserted by Proclamation Notice 262, GG52740, dated 28 May 2025 - subsequent paragraphs have been renumbered]

 

(5) If a temporary employment service contravenes the provisions of this Agreement or defaults on any obligation provided for in terms of this Agreement, the employee may hold the employer to whom that employee was supplied, liable for complying with that obligation.

 

(6) No employer may use the services of a temporary employment service unless the temporary employment service—
(a) is registered with the Council;
(b) provides satisfactory proof to the employer that it has complied with all its obligations in terms of the Unemployment Insurance Act, and the Compensation for Occupational Injuries and Diseases Act;
(c) provides satisfactory proof that it has complied with its obligations to the South African Revenue Services and is in possession of an IT30 Tax Certificate.

 

(7) When a temporary employment service supplies one or more workers to an employer, the employer must notify the Council in writing on the prescribed forms. The notification must be submitted to the Council in the month following the date of utilising the employees.

 

(8) Prevailing Labour Legislation (including but not limited to the Labour Relations act, Basic Conditions of Employment Act, Employment Equity Act) regarding temporary employment services will apply.

[Clause 66(8) substituted by clause 6(1) of Notice No. R. 329, GG 39830, dated 17 March 2016]