1. Work performed must be on the basis of a recognised employment relationship, established through national law and practice.
2. Obligations to employees 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 contracts of employment.
3. Should employers make use of labour contractors, they shall take measures to ascertain the conditions of employment of workers provided by the contractor, and shall endeavour to ensure that the contractor is complying with the standards set out in this code of conduct in respect of those employees working on their premises.
South African Legislation
- BCEA SD13: Clause 33 of Part G: Termination of employment – Temporary Employment Services
- ILO 97, Migration of employment, 1949
- ILO 143, Migrant workers, 1975
- ILO 110, Plantations, 1958
- ILO 184, Home Work Recommendation, 1996