4 Common questions you should know the answers to BEFORE using labour brokers
Labour brokers, otherwise known as Temporary Employment Services, provide you with temporary workers, and using them can have a few benefits for you. For example:
· Workers are usually cheaper than an ordinary employee of yours;
· You can get specialised skills in your workplace that you never had before;
· You can get greater flexibility in terms of fluctuating staff requirements; etc.
So labour brokers could definitely be something for you to think about.
But before using them, you need to know the answers to these 4 common questions about labour brokers and their workers.
Question#1: What can you do if a worker is guilty of misconduct?
You must report any misconduct, by a worker, to the labour broker as soon as possible, because it's the labour broker's duty, as the worker's employer, to discipline her.
But remember that you'll have to give evidence of the misconduct.
Question#2: Are workers entitled to any benefits?
Workers are entitled to all legal employee benefits such as annual leave, sick leave
, maternity leave, etc. But it's the labour broker's responsibility to give these benefits.
Be warned! The Labour Relations Amendment Act changes the way you treat fixed-term and temporary employees!
Question#3: What are your duties when a worker's project ends or the contract with the labour broker ends?
In a situation like this, the employee goes back to the labour broker. But you don't have to end the worker's because you don't employ the worker.
Some labour brokers will ask you to provide severance packages if a worker's position becomes redundant. This is simply a contractual arrangement between you and the labour broker. It won't change the legal position of who exactly the employer is. The labour broker will still be liable to the worker for severance pay.
Question#4: Can workers be employed WITHOUT using a labour broker?
Yes, you can hire workers directly without going through a labour broker. You can do this through, for example, fixed-term contracts.
If you do this, the worker will be an employee of the company that contracts with them on the fixed-term contract, and that company must have to treat them as employees.
In other words, you must treat all workers who have signed a fixed-term contract
with you as your own employees.
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