Constitutional Court Judgment – Deeming Provision

You will most probably have by now been exposed to some of the media attention surrounding the recent Assign / Numsa Constitutional Court judgment.

There is a lot of misinformation being provided and we are hoping through the below and accompanying documents, to dispel some of this.

It is our opinion that one of the main misconceptions is that the Client needs to permanently employ staff supplied by a Temporary Employment Service (TES) after 3 months; this is not correct. There is firstly no requirement, or even mention of permanency, and there is also no physical transfer of employment eg. on to the clients’ payroll. The employee remains employed by the TES, is still paid by the TES, administered by the TES and so forth

to download the full communication from The LSC Group

LSC information Cons Court ruling

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