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An analysis of the deeming provision relating to temporary employment services in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613497975635968 |
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| access_status_str | Open Access |
| author2 | Newaj, Kamalesh |
| author_browse | Newaj, Kamalesh |
| author_facet | Newaj, Kamalesh |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/74949 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:05.780Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/74949 An analysis of the deeming provision relating to temporary employment services in South Africa Newaj, Kamalesh Mofokeng.tee23@gmail.com Mofokeng, Elly Evelyn Tsholofelo Labour Law UCTD Mini Dissertation (LLM)--University of Pretoria, 2020. 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. Mercantile Law LLM Unrestricted 2020-06-11T08:33:18Z 2020-06-11T08:33:18Z 2020-09 2020 Mini Dissertation Mofokeng, EET 2020, An analysis of the deeming provision relating to temporary employment services in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/74949> A2021 http://hdl.handle.net/2263/74949 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Labour Law UCTD An analysis of the deeming provision relating to temporary employment services in South Africa |
| title | An analysis of the deeming provision relating to temporary employment services in South Africa |
| title_full | An analysis of the deeming provision relating to temporary employment services in South Africa |
| title_fullStr | An analysis of the deeming provision relating to temporary employment services in South Africa |
| title_full_unstemmed | An analysis of the deeming provision relating to temporary employment services in South Africa |
| title_short | An analysis of the deeming provision relating to temporary employment services in South Africa |
| title_sort | analysis of the deeming provision relating to temporary employment services in south africa |
| topic | Labour Law UCTD |
| url | http://hdl.handle.net/2263/74949 |