FAIR TREAT­MENT

Business Day - Business Law and Tax Review - - BUSINESS LAW & TAX REVIEW -

For all other pur­poses the labour bro­ker re­mains the em­ployer and there­fore re­mains re­spon­si­ble for, among oth­ers: Pay­ment of the em­ployee’s salary; Ad­min­is­tra­tion of leave; Reg­is­tra­tion with and pay­ment of UIF con­tri­bu­tions; and

Reg­is­tra­tion with SARS and pay­ment of PAYE and skills de­vel­op­ment levies.

Em­ploy­ees who are deemed to be em­ploy­ees of the client must be treated on the whole not less favourably than an em­ployee of the client per­form­ing the same or sim­i­lar work, un­less there is a jus­ti­fi­able rea­son for dif­fer­ent treat­ment. Sec­tion 198D lists the jus­ti­fi­able rea­sons that could be re­lied upon, namely se­nior­ity, ex­pe­ri­ence, length of ser­vice, merit, quan­tity or qual­ity of work per­formed and any other non-dis­crim­i­na­tory rea­son. Again, the right to equal treat­ment ar­guably does not mean that labour bro­ker em­ploy­ees can de­mand iden­ti­cal treat­ment to that of­fered to em­ploy­ees of the client and the em­ployer would there­fore ar­guably be in com­pli­ance with the equal treat­ment pro­vi­sions of s198A if it pro­vided a mon­e­tary equiv­a­lent where pro­vi­sion of the ex­act same ben­e­fit is not prac­ti­ca­ble or pos­si­ble.

Pic­ture: THINKSTOCK

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