2. Regulating triangular relationships: lessons from Africa
PAMHIDZAI H. BAMU-CHIPUNZA
ZIMBABWE

3. Regulation of triangular relationships
Defining the different arrangements
Trends in sub-Saharan Africa
Rationale and impact
Regulatory approaches
Impact of regulations
Other approaches
Callout Box
Callout One
Callout Two.
Callout Three.

4. Triangular employment
Worker
Employer
Broker
Agency
Sub-contr
Worker
User/client

5. Defining triangular employment relationships
Who is benefiting from the labour?
Who is controlling the tasks and activities?
Who is paying and responsible for labour issues?
Different possibilities:
Labour broker/labour hire/temp. employment agency: bringing workers to the workplace
Subcontracting: performing a specific ‘job’/task
Outsourcing: providing a service
All these on an on-going and day-to-day basis

6. Trends in sub-Saharan Africa
Increase since the 1990s: liberalization, competition, investment,
Labour broking/temp. agency: unskilled and semi-skilled, industry, retail etc
Subcontracting: construction, mining etc.
Outsourcing: cleaning, security, catering, business processes e.g. documents processing, marketing, call centres etc.

8. Rationale and impact The intermediary assumes the role of employer
BUT refuses to guarantee continuous employment (leave, benefits, etc.)
Worker can be fired at the client’s instance (no reasons, benefits)
Client offloads ‘hassle’ and costs of employer obligations
For workers: low wages, lack of benefits, job insecurity, marginalization of ‘outsiders’
Collective relations: segmentation, hostility, employer victimization, non-recognition by employer, separate ‘bargaining units’

9. Regulatory approaches
Limited recognition and regulation (Zim)
Subcontracting and outsourcing: limited regulations
Focus on labour broking/temp. agency
Banning: Namibia, Zambia
Largely intermediary as employer
Substantive limits on use (Guinea)
Time-limit for hand over to client (Guinea, SA)
Joint and several liability (SA, Guinea)
Time limit from retrenchment to re-engagement (Guinea, Nam)
Client as employer (Namibia)

10. Regulatory approaches
Regulation of working conditions:
compliance with minimum conditions and collective agreements (Tanzania, Nam, SA)
equality between workers of the client and intermediary (Tanzania, Nam, SA, Zambia)
Respect for freedom of association and collective bargaining rights (Guinea, Nam)
Prohibition of use during strikes (Nam, Guinea )

11. Regulatory approaches
Social security contributions: client to ensure that the subcontractor makes the contributions for workers (Guinea)
Occupational health and safety: obligations to own employees, and employees of subcontractors etc. (Namibian regulations)
Provision of employment contract (SA, Guinea)
Display of client’s and intermediary’s details, and notice to labour inspector (Guinea)
Registration of agencies: need incentives and sanctions

12. Impact of regulation
Adequacy of provisions: protection on dismissal, the effect e.g. of non-compliance with time limits
Success: Namibia, but challenges
Labour inspections: are they happening?
Criminal sanctions - are they enforced?
Workers’ awareness of legal provisions
Collective organization of workers
Worker vulnerability: ‘take it or leave it’
Other approaches: strike action, protests in universities, workers’ advisory offices

13. International labour law
Convention concerning private employment agencies (No. 181)
Ensure workers’ protection: freedom of association, collective bargaining, wages, working time, training, compensation.
Allocate respective responsibilities: e.g. collective bargaining OHS, social security, parental leave
Africa ratifications: Algeria, Ethiopia, Mali, Morocco, Niger, Zambia

14. THE END Thank you! Ndatenda! Ngiyabonga! Asante sana! Zikomo!
Ke a leboga!
Merci!