Regular Employment Shall Be Provided

  1. Work performed must be on the basis of a recognised employment relationship, established through a contract.
  2. Prior to commencement of employment, all workers shall be provided with a contract of employment which will set out their terms and conditions of employment.
  3. Obligations to workers under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of sub-contracting arrangements or home-working arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment; nor shall any such obligations be avoided through the excessive use of fixed-term or time-limited contracts of employment. The Business shall ensure that the employment relationship they enter into does not create further insecurity or social/economic vulnerability for workers employed in the business.
  4. Businesses who make use of temporary employment services (TES) or other services providers that deliver a service connected to the core activities of the business, shall implement an effective system. This shall determine the decent conditions of employment and the safety of workers provided by the service provider as well as ensure that the service provider is complying with the standards set out in this Code. Priority is thus placed on providing employees working on their premises, with information about their rights, responsibilities and working conditions.

South African Legislation

  • BCEA SD13: Farmworkers

International Reference

  • ILO 97, Migration of employment, 1949
  • ILO 143, Migrant workers,  1975
  • ILO 110, Plantations, 1958
  • ILO 184, Home Work Recommendation, 1996