Home › Rights by Province › Western Cape › Labour Broker and Temporary Employment Rights

Labour Broker Rights in Western Cape

If you work through a labour broker (Temporary Employment Service or TES) in Western Cape for more than 3 months at the same client, you are deemed to be permanently employed by the client. You cannot be paid less than comparable employees and you have full unfair dismissal protection.

The Law That Protects You

Labour Relations Act 66 of 1995 (as amended) — Section 198A
An employee earning below the earnings threshold placed with a client for more than 3 months is deemed an employee of the client, on no less favourable terms than comparable permanent employees.
Labour Relations Act 66 of 1995 (as amended) — Section 198B
Fixed-term employees (including TES workers) earning below the threshold are entitled to the same conditions as permanent employees performing the same or similar work after 3 months.

What To Do — Step by Step

  1. Step 1. Determine whether you earn below the BCEA earnings threshold (updated annually — check the Department of Employment and Labour website).

  2. Step 2. If you have worked at the same client for more than 3 months and earn below the threshold, you are deemed a permanent employee of the client.

  3. Step 3. If the client treats you less favourably than comparable permanent employees, submit a formal grievance to HR or the labour broker.

  4. Step 4. If not resolved, refer a dispute to the CCMA within 30 days of the last unfair act.

  5. Step 5. If dismissed, refer an unfair dismissal dispute to the CCMA within 30 days of dismissal — the client and labour broker are both responsible.

Frequently Asked Questions

Who is my employer — the labour broker or the client company in Western Cape?
After 3 months (if you earn below the earnings threshold), the client becomes your employer for purposes of the LRA. Both the TES and the client can be held jointly and severally liable for breaches of the LRA and BCEA.
Can I be made permanent through a labour broker in Western Cape?
After 3 months, the law deems you a permanent employee of the client — but practical implementation requires the client to formally absorb you. If they refuse, you have a dispute under section 198A that the CCMA can resolve.
What if I am dismissed before 3 months to avoid the deeming provision in Western Cape?
Section 198A(9) prohibits dismissal or restructuring for the purpose of avoiding the deeming provision. Such a dismissal is automatically unfair under section 187 of the LRA.

Legal Resources in Western Cape

📋 CCMA: Cape Town CCMA (021 442 9000)

⚖️ Legal Aid SA: Legal Aid South Africa — Cape Town (021 431 0567)

🏛️ High Court: Western Cape Division of the High Court, Cape Town (021 480 2400)

🏢 Magistrates' Courts: Cape Town, Bellville, Wynberg, Paarl, George, and other magistrates' courts

🏠 Rental Housing Tribunal: Western Cape Rental Housing Tribunal (021 483 6504)

The Western Cape has a high rate of eviction cases, particularly in informal settlements and rental housing matters. Cape Town has specific by-laws affecting informal traders and housing.