Dissertations / Theses on the topic 'Temporary Employment Services'

This treatise specifically explores section 198 of the Labour Relations Act, 66 of 1995, which regulate temporary employment service. However, before one can assess this section in particular, other legislation has to be considered dealing with temporary employment services, read in conjunction with the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter the “Constitution”), as all legislation is subject thereto. As summarised by Navsa AJ in the judgment of Sidumo& Another v Rustenburg Platinum Mines Ltd & Others: “The starting point is the Constitution. Section 23(1) of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices”. The Labour Relations Act, 66 of 1995 (hereinafter the “LRA”) is also subject to the Constitution, and section 198 has to be evaluated and assessed against the Constitution as is set out in section 1 of the LRA, which provides that: “The purpose of this Act is to advance economic development, social justice, labour peace and the democratisation of the workplace by fulfilling the primary objects of this Act, which are (a) to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution...” The LRA was drafted while the Interim Constitution was in effect, this being the reason why section 1(a) refers to section 27 of the Constitution, the Interim Constitution, and not the final Constitution, which was enacted in 1996. The Honourable Justice Conradie held in NAPTOSA & others v Minister of Education, Western Cape & others [2001] 22 ILJ 889 (C): “that the effect of section 1(a) is to ensure that the LRA “[marries] the enforcement of fundamental rights with the effective resolution of labour dispute temporary employment service . . . If an employer adopts a labour practice which is thought to be unfair, an aggrieved employee would in the first instance be obliged to seek a remedy under the LRA. If he or she finds no remedy under that Act, the LRA might come under constitutional scrutiny for not giving adequate protection to a constitutional right. If a labour practice permitted by the LRA is not fair, a court might be persuaded to strike down the impugned provision. But it would, I think, need a good deal of persuasion”. The Constitution and the LRA lay the basis for temporary employment services in the South African law context, and are the primary laws dealing with this topic. Although the main focus of the treatise is section 198 of the LRA in dealing with temporary employment services, it is evident that secondary labour legislation also regulates temporary employment services. It is noteworthy that each piece of legislation has different requirements and/or essentials regulating temporary employment services, even though some of the legislation have very similar provisions. Secondly, each of the pieces of legislation also determines and attaches different meanings to who the real employer is. This is important so as to establish who, as between the temporary employment service and its client, may be held liable for obligations arising out of the employment relationship. A tripartite relationship is created by temporary employment service arrangements, in that there is the temporary employment services –client relationship, the temporary employment service’s employer - employee relationship and the client –employee relationship, each with its own rights, obligations, and requirements for termination. A further focus of the treatise is the problems experienced in the employment relationship between the temporary employment service and its employees and the termination of the relationship. The difficulties and potential unfairness arising from termination of the relationship between the temporary employment service and its employees have resulted in legislative developments and proposed amendments, most notably the repeal of section 198. These proposals are discussed herein, including the question of whether section 198 should be repealed, or whether temporary employment services should be more strenuously regulated in order to resolve the problems being experienced with the application of section 198 in its present form. It is proposed in conclusion that temporary employment services be more strenuously regulated, as the repeal of section 198 will not be socially and economically beneficial to the workforce of South Africa, nor the Labour Market. Further, it would be contrary to the Constitution and purpose of the Labour Relations Act.

The traditional employer-employee relationship came under an increased threat the past two decades with employers finding the option of utilising the services of Labour Brokers more attractive. Various reasons existed for this tendency amongst employers to opt for the use of Labour Brokers, some of these reasons being valid but mostly some reasons being born out of fear for the unknown labour law duties and obligations that were proposed to be placed on employers post 1994. In the absence of an action plan between the role players in the labour fraternity pathing the way traditional employer-employee relationships could be salvage, employers resorted to the appointment of Labour Brokers and Government on their part retaliated by considering either the total ban of Labour Brokers or the regulation of the profession to such an extent that same became largely unattractive and problematic. The non-addressing of problems and fears faced with by employers post 1994 resulted in an opportunity waisted to narrow the gap between employers and employees with the fight over work force power being the more important factor taken into consideration. This treatise will explore the options that faced the roll players post 1994 in the labour market, the reason for choices made and the effect same has had since on the labour market. The problematic amendments made to Section 198 of the Labour Relations Act in an attempt to iron out the wrinkles poor choices made by the stake holders over the regulations of Labour Brokers, will be discussed. The ripple effect the amendments to Section 198 of the Labour Relations Act had on other pieces of South African legislation will be considered and the uncertainty and confusion it has created discussed. Specific attention needs to be drawn to the intention of the legislature as to which party, the Labour Broker or employer, will be responsible for the ramifications of the wrong doings of an employee. Also, which party will be responsible to the employee to fulfil its labour rights as granted in the Constitution of South Africa. Unleashing reaction to the regulations of Temporary Employment Services does not seem to be a problem, the problem arises where the regulations proposed did not unleashed the desired reaction and roll players finding themselves frustrated and with having no alternative as to turn the Courts to solve the largely self-inflicted conundrum. The courts are left with the task of clarifying the legislature’s true intension in amending section 198 of the Labour Relations Act, which impact the writer with all due respect do not think the legislature even appreciated when the amendments were drafted. Currently, there is dividing views on the future of Labour Brokers per se in South Africa and the interpretation concerning Section 198 of the Labour Relations Act, as amended. The focus of this treatise is to highlight the different interpretations given to these amendments this far and highlight that if it is in fact the wish of stake holders in the Labour fraternity that Labour Brokers should continue to exist, clarification is needed by our Constitution Court on certain vital issues and as discussed in this treatise.

The core of the research focuses on the Temporary Employment Services (TES) Industry and its ability to provide labour flexibility for a number of client firms. The underlying notion that work is changing and becoming more flexible creates an exploratory realm for the concept of non-standard employment. The thesis draws on the conceptual model of the „flexible firm‟ and argues that the rise in non-standard forms of employment, particularly temporary employment within the TES industry, is primarily a result of the demand for labour flexibility. The TES industry that offers „labour on demand‟ is found to be an extremely secretive industry that is diverse in both its structure and services. The thesis reveals that the clients within the triangular employment relationship (TER) are reaping the most benefits especially with regard to escaping their obligations as the employer. The thesis explores human resource practices, unfair labour practices and the extensive loopholes exploited by the TES industry because of poor regulation. Consequently, the industry creates an „underclass‟ that is unprotected, insecure and easily exploitable. Qualitative research techniques were used in the form of semi-structured interviews. The thesis provides insights into the demand and supply of temporary workers in Port Elizabeth and addresses the problems associated with a TER and the TES industry as a whole.

Magister Philosophiae - MPhil
In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to concepts such as globalisation. Globalisation came with some implications and impact that have been widely debated.2 The democratic transition brought a significant change to the job spectrum, generating an increase in Temporary Employment Service (TES) and a decrease in permanent employment.3 The reasons leading to this increase are that subcontracting is beneficial to employers in that this process results in the transferral of social risks to the subcontractor, reducing direct exposure to labour legislation.4 Regarding the pertinence of this issue, the Congress of South African Trade Unions (COSATU), the biggest union federation in the country, and the ruling party, the African National Congress (ANC), have long called for the elimination of labour brokers.5 COSATU, in its presentation to the Portfolio Committee on Labour in 2009, argued that labour brokers act as intermediaries to access jobs that allegedly exist, and which in many cases would have existed previously as permanent full time jobs.6

The Labour Relations Act 66 of 1995(LRA) is the primary legislation regulating employment relations in South Africa. Despite its effort to provide adequate protection to employees employed in various capacities, the LRA seems to have fallen short when it comes to atypical employees. Before the LRA was amended in 2015, Temporary Employment Services (TESs) were largely unregulated; this provided ample opportunities for clients to exploit the vulnerable TES employees. It is this abuse and exploitation which lead to the introduction of the section 198A(3)(b) of the LRA(deeming provision). The deeming provision applies to TES employees who earn below the monetary threshold stipulated in section 6(3) of the Basic Conditions of Employment Act 75 of 1997. This is an effort by the legislature to reduce the exploitation of employees working in atypical forms of employment. Despite these efforts, the deeming provision has been subject to a lot of debate particularly with regard to its correct interpretation and application. It is against this background that this dissertation will focus on the ways in which the deeming provision has been interpreted by trade unions and labour brokers. This dissertation will also discuss the judgement handed down in Assign Services (Pty) limited v National Union of Metalworkers of South Africa and Others (2018) 39 ILJ 1911 (CC), to determine whether the court provided sufficient clarity about the meaning behind section 198A(3)(b) of the LRA.
Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted

Transition from the college classroom to the workplace requires certain job knowledge, skills, and attitudes (KSAs). How and where the New Employee acquires these KSAs is mired in the transition between education and the world-of-work. This dissertation informs the college-to-work transition process through the experiences of college graduate liberal arts majors and of those responsible for integrating the new employees into the organization. Three new employees and two managers working on information technology products and services in a major corporation were interviewed. A grounded theory approach was used to discover patterns in the data. This method allowed the researcher to inform the complexity of the college-to-work transition process. The researcher discovered a naturally evolving process dominated by informal learning that new employees used to learn about the culture and the specific job skills need in the corporation. In many ways, the participants had evolved a process similar to the apprenticeship system of the middle ages.
Ed. D.

A state and year fixed effects model is developed to analyze the influence of state unemployment insurance taxes and state workers' compensation costs on temporary help services employment concentration. Using state level panel data from the Bureau of Labor Statistics' Quarterly Census of Employment and Wages, state unemployment insurance tax factors are found to have significant effects on temporary help services employment concentration. Workers' compensation costs had a significant effect on temporary help services employment concentration during the Great Recession, but not before. Because temporary help services jobs represent low quality jobs relative to traditional direct-hire jobs, state unemployment insurance taxes, through their impact on temporary help services employment concentration, contribute to a decrease in job quality. The results of the analysis suggest that the effects of policy factors on job quality merit further analysis.

Diese Dissertation besteht aus vier Aufsätzen, die einen Beitrag zur Literatur über die empirische Analyse von lokalen Arbeitsmärkten leisten. Der erste Aufsatz nutzt den Abzug eines Großteils der US-Stationierungsstreitkräfte in Deutschland seit 1990 als ein natürliches Experiment, das die Identifikation von kausalen Effekten von Nachfrageschocks in lokalen Arbeitsmärkten ermöglicht. Als Datengrundlage dient ein neu aufbereiteter Datensatz zu den regionalen Veränderungen der Personalstärke der U.S. Stützpunkte. Die empirischen Ergebnisse belegen, dass der Abzug zu einem signifikanten Rückgang der Beschäftigung in der lokalen Privatwirtschaft und einem nachfolgenden Anstieg in der lokalen Arbeitslosenrate führte. Im Gegensatz dazu weisen die Ergebnisse keine Evidenz für signifikante Anpassungen in den lokalen Löhnen oder Wanderungssalden auf. Der zweite Aufsatz vertieft die Frage der lokalen Lohnrigiditäten angesichts des Nachfrageschocks. Der Einfluss von zwei Institutionen wird als mögliche Quelle von heterogenen Lohnanpassungen in lokalen Arbeitsmärkten identifiziert. Die empirischen Ergebnisse zeigen, dass der Einfluss der beiden Institutionen isoliert mit keinen heterogenen Lohnanpassungen verbunden ist, aber das Zusammenwirken beider Dimensionen verbunden ist mit differenziellen Lohnreduktionen. Der dritte Aufsatz erweitert die Analyse der Folgen des amerikanischen Truppenabzugs um die Frage nach der Entwicklung der lokalen Kriminalitätsrate. Die Ergebnisse zeigen, dass der Truppenabzug mit einem Rückgang der Kriminalität insbesondere von Drogen- und Sexualstraftaten verbunden ist. Der vierte Aufsatz untersucht die langfristige Entwicklung der Zeitarbeit in den regionalen Arbeitsmärkten in Deutschland seit 1979. Dabei zeigt sich, dass die anfängliche Verteilung der Beschäftigungsanteile für manuelle Nicht-Routine- und Routine-Tätigkeiten eine starke Vorhersagekraft für das unterschiedliche regionale Beschäftigungswachstum von Zeitarbeit in Deutschland besitzt.
This thesis consists of four essays that contribute to the empirical analysis of local labor markets. The first essay exploits the massive withdrawal of U.S. Armed Forces in the aftermath of the German Reunification as a natural experiment that enables the identification of the causal impact of local labor demand shocks. It introduces a novel dataset that details the evolution of the U.S. manpower levels at the disaggregated regional level and thereby enables the measurement how U.S. base closures affected the demand for local non-tradable goods and services. The results from the empirical analyses suggest that the drop in local labor demand caused a significant loss of private sector employment and generated a subsequent rise in local unemployment rates. In contrast, wages and migration patterns do not exhibit any significant responses. The second essay further explores the rigidity of wages in local labor markets in response to the U.S. base closures. The presence of two types of institutions (i.e. works councils and the German Trade and Crafts Code) and their interplay are characterized as potential sources of wage heterogeneities. While in isolation these two institutions do not seem to alter the pattern of insignificant wage adjustments, their interaction is found to introduce a channel for small downward wage adjustments. The third essay is concerned with the change in local crime rates in response to the U.S. presence and withdrawal. The empirical findings suggest that the drawdown of the U.S. military presence can be related to large and significant drops in the local rate of drug and sex offenses. The fourth essay provides an empirical analysis of the diverging patterns of employment in temporary help services across labor markets in Germany over the last 30 years. The differential growth pattern both at the level of occupations and across regional labor markets are found to be related to the initial intensity of routine and non-routine manual tasks.

This research examined the influence of work status on attitudes and work outcomes. The two attitudes of perception of psychological contract violations, (violation of employment promise by employers) and fairness perception (fair treatment at work) were studied. This research examined the relationship between attitudes and work outcomes (organizational commitment, e.g. loyalty; organizational citizenship behavior, voluntary action done by employees for the sake of organizations and turnover intention). Individuals with family responsibility are attracted to work part-time voluntarily. Corporate downsizing has often forced individuals to go into part-time work involuntarily. Voluntary and involuntary work status had moderating effects on attitudes and work outcomes. The people that part-time workers chose to be compared with when they evaluate their fairness situation were also examined. Both qualitative and quantitative methods were used. Respondents were asked about their perceptions towards their employment relationship with employers in the questionnaires. Part-time workers focus groups and supervisors interviews were used to supplement the quantitative methods by suggesting reasons to explain the part-time work issues, for example, on the compared referent selections. The findings showed that work status had a high moderating effect on the relationship between perceptions of psychological contract violations and voluntary actions and such interactions were much stronger on voluntary than on involuntary part-time workers. Work status also showed a high moderating effect on the relationship between fairness perception, organizational commitment, and organizational citizenship behavior, and such interactions were much stronger in involuntary than voluntary workers. Unexpectedly, work status did not have a moderating influence on the relationship between perception of psychological contract violations, organizational commitment, and turnover intention of involuntary part-time workers. Furthermore, work status showed a moderating influence on fairness perception, and turnover intention, and such a negative relationship was much stronger in voluntary than involuntary workers. It was also found that the compared referents of voluntary part-time workers were part-time workers working inside and outside organizations. The compared referents of involuntary part-time workers were full-time workers working outside the organizations and their past work experiences.

Magister Legum - LLM
This study is encouraged by the fact that the field of labour law has drastically changed after enactment of amendments in various labour legislation such as Employment Equity Act, Basic Conditions of Employment Act and Labour Relations Act during 2013 and 2014. These changes have compelled employers to review their policies in line with the amendments of these Acts. This study will however focus on the impact of the newly introduced section 198 to the Labour Relations Act 66 of 1995. The study will specifically focus on the continued use of fixed-term contracts of employment within the Technical and Vocational Education and Training (TVET) Sector of South Africa.

Made available in DSpace on 2011-05-04T12:36:29Z (GMT). No. of bitstreams: 0 Previous issue date: 2009
Este trabalho propõe analisar o fenômeno da terceirização desenvolvido ao longo das duas últimas décadas em Bio-Manguinhos. Trata-se de um estudo de caso realizado na unidade de produção de vacinas e reagentes para diagnóstico da Fundação Oswaldo Cruz. Inicialmente foi realizado um estudo de cenário, analisando a política de gestão do trabalho desenvolvida pelo Estado brasileiro para as instituições públicas. A seguir, a análise passou a verificar a inserção da Fiocruz nessas políticas, desde a sua criação e no decorrer de vigência de diferentes formas de contratação, alternando da extrema rigidez para a total flexibilidade sempre com foco na gestão do trabalho, e, como essas políticas se refletiram no desempenho de Bio-Manguinhos. Baseado no contexto da conformação do Estado e na análise do desempenho da unidade, o trabalho critica a falta de planejamento e de prospecção dessas políticas, que favoreça a inovação de processos, produtos e procedimentos e o desempenho pleno de uma unidade de produção de insumos para a saúde, tão necessários ao atendimento das necessidades da população brasileira. Critica também, a ausência de um modelo de Estado consolidado que sirva de arcabouço à formulação dessas políticas. Devido às fortes críticas dos órgãos de controle acerca da extrapolação dos limites da terceirização praticada nas últimas duas décadas e à falta de definição clara desses marcos legais, o trabalho apresenta uma metodologia baseada nas atribuições dos cargos do plano de carreiras da Fiocruz e culmina com a apresentação de uma matriz de atribuições passíveis de serem realizadas por contratação indireta. Conclui pela necessidade de convivência de dois quadros de trabalhadores: um permanente formado por servidores, estáveis e de carreira e outro flexível, executado por contratação indireta, de caráter eventual, temporário ou de apoio às atividades relacionadas à missão de Bio-Manguinhos. O trabalho ainda sugere a aplicação da mesma metodologia às demais unidades da Fiocruz e que a instituição afirme, frente aos órgãos de controle, quais atividades que ela precisa manter no quadro de servidores permanente e quais ela quer delegar a terceiros sem contudo, ferir a legislação vigente. Por fim, constata-se que a metodologia apresentada ameniza, mas não resolve o problema, dessa forma, recomenda-se à Fiocruz buscar mecanismos que altere o modelo de gestão pelo qual está submetida a fim de viabilizar as duas formas de incorporação de mão-de-obra.

M.B.A.
HIV/AIDS and the impact of this disease on the bottom line of companies is currently a very topical issue. This study deals with the economic impact of HIV/AIDS on companies, if they make use of the services of temporary employment service providers. The current impact of the disease on companies and the state of the temporary employment services industry in South Africa was analysed, based on existing literature. As part of the study a survey was conducted to determine the perceptions that currently exist in the market with regards to the use of temporary employment service providers and the impact of HIV/AIDS on companies. The results from the study showed that companies could obtain advantages from using temporary employment service providers. The study however further found that even though companies understood that there could be economic advantages for them in using temporary employment services, they were still reluctant to do so. Companies further indicated that the impact of HIV/AIDS on their bottom line would increasingly have a more negative impact over the next ten years.

碩士
國立臺北大學
社會學系
101
To avoid using a large number of dispatched employees in business, the Council of Labor Affairs Executive Yuan brought up the most important change of “Labor Standard Law” amendment in recent twenty-six years in June 2010. This is the first time that makes dispatched labor into the standard norms. In addition, seven categories of works are not allowed to employ dispatched labors and the number of dispatched labors can’t surpass 3% of its total employees in general corporate. It can be relaxed to 5% and up to 20% respectively through labor-management conference and agreement of the union. In order to avoid breaking the “Labor Standard Law” amendment, many jobs in Council of Labor Affairs are shifted from dispatched labors to contract-projected labors in this reform. Employed the depth interview of qualitative research, this research attempts to understand why people would engage in dispatched or contract-projected jobs, whether or not they would do these jobs again in the future, and how they would shift to temporary staffs or not. Based on Burawoy’s research, the research uses his theory to discuss how dispatched or contracted-projected labors obey this system. The paper shows that, on the one hand, the Council of Labor Affairs fostered the dedicated spirit through setting “Attention of Labor-dispatched by Executive Yuan” to specifically reconcile the profits of both labors and capitalists during the process of producing surplus value. On the other hand, it also probably let dispatched labors reluctantly accepted the unequal labor environment, sacrificed their relative rights in order to obtain the jobs and submit to this system under the economic pressure. However, it is worth to notice that government uses a large number of contract-projected rather than dispatched workers. Besides the data of dispatched labors are lack precisely, whether or not contract-projected labors are the same as dispatched labors, their disserted fates after they are used were just like the dispatched labors.