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The Constitutional Court’s finding as regards the question of dual employership appears to be unclear. In view of this, where a labour broker ‘takes over’ the employees of a client, should it take the role of a mere service provider, keep the employees on the client’s payroll and just manage that payroll, recruitment and other HR issues? Or should it formally transfer the employees on to its own payroll, formally recognise the employees’ length of service and insist on receiving a payment from the client to cover the employees’ accrued leave at the date of takeover?
. In essence there is no question of dual employer ship. If the employee has been placed at the client for more than 3 months and is earning under the threshold they are employed by the client.
. In essence there is no question of dual employer ship. If the employee has been placed at the client for more than 3 months and is earning under the threshold they are employed by the client.
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