The ABC's Of Tes: Understanding The Deeming Provision

Employers often use service providers to perform certain functions or duties within a workplace, which the employer may not be able to do or perform itself. As per South African legislation, these providers are generally referred to as "labour brokers"; however, the correct term is "Temporary Employment Service" (TES).

Section 198 of the Labour Relations Act (LRA) defines a Temporary Employment Service (TES) as:

"Any person who, for reward, procures for or provides to a client other persons:

1. who render services to, or perform work for, the client; and
2. who are remunerated by the temporary employment service."

The LRA further defines a temporary service as work for a client by an employee: