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

Sectoral Determinations

Sectoral Determination 12 : Forestry Sector, South Africa

Part G : Termination of Employment

36. Temporary employment services

 

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

 

(2) For the purpose of this determination, a forestry worker 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 forestry workers.

 

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