1. A New Dawn within the Labour Recruitment Industry
By: Elias Monage
CAPES President

2. Global Trends ILO Conventions and Recommendations
ILO Decent Work Country Programme
Conceptualisation of Decent Work by ILO provides a fair income, employment security,social security benefits and healthy and safe environment

3. Global Dialogue
Global Union and CIETT Corporate Members on Temporary Agency Work- the parties support the establishment of a regulatory framework for the industry to promote decent forms of temporary agency work.
The agreement is global in scope with mutual commitments.
The Agreement recognises that temporary agency work contributes to improving the functioning of labour market by implementing active market policies,improving life-work balance
Prevent unfair competition by fraudulent agencies

4. Agreement in Principle for TES
Collective Employment Agreement for Temporary Employees
The Agreement covers the following
Remuneration,
Training,
Employment conditions,
Trade union facilities,
Pension fund,
Duration and adherence
Skilled workers regulation-review the regulation after two years

5. The Namibian Situation
The Namibian High Court gave a ruling on the Constitutional validity of Section 128(1) of the Namibian Labour Act, 2007.
This section outlaws labour hire. It reads as follows “No person may, for reward, employ any person with a view to making that person available to perform work for a third party”

6. National Impacts and Trends
The 30 percent threshold within the NBCRFI
Extension of the Agency shop-”The employers organisation will charge all operators and TES’s a monthly collective bargaining levy of R200 and employees 1 percent of the weekly wage.
Other 23 Agency Agreements that operates across sectors and industries and binds TES’s
Metal and Engineering Industry Bargaining Council-Section 20 of the Agreement
Rubber Industry limitations and phasing out of TES
The SAA , SATAWU and UASA Agreement

7. Regulated Flexibility
Regulate new forms of employment- Central to this concept is the recognition that the labour market is both diverse and dynamic.
Social dialogue to address specific sector needs or a workplace
Administrative discretion – Predominantly to deal with Exemptions for sectors or industries
Administrative determinations-Ministerial determinations
Codes of Good Practice-set standards
Selective application of legislation

8. Legal Status of TES in South Africa
Labour Brokers or TES are regulated by the current provisions of the LRA i.e S198,S57 of the Employment Equity Act, S83 of the BCEA,S 23,S24 of the SDA and Numerous Bargaining Council Agreements including Sectoral Determinations
COIDA etc

9. Compliance / Enforcement
Registration of TES
Bargaining Councils and Dol inspectorate
Review of certificates and requirements
Membership of Association and verification mechanisms
Labour Legislations and Regulations

10. NEDLAC Issues Human Resources Development Strategy
SETA Re-establishment and NSDS 3
Social Security and Retirement Reforms
ESSA Regulations
Decent Work Country Programme
Atypical forms of employment
Current labour legislative provisions in respect of outsourcing,contract work and TES
Research

11. CCMA and other Dispute Institutions
Termination and end of assignments
Jurisdiction
Contract of Employment
Code of Best Practice-Labour Broking in Mpumalanga
Settlements and awards

12. Code of Ethics
Forge and set the standards for adherence to the highest principles of ethics, equity, integrity,professional conduct and practical ethical behaviour in all dealings in upholding the reputation of the industry
Adherence to the code of ethics forms part of professionalism of the industry

13. END Thank you