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Choosing a TES provider

Posted By APSO, 06 June 2013
Updated: 06 June 2013

With the current uncertainty around the temporary employment services (TES) regulations, many companies are worried about engaging new TES suppliers or beginning new contracts. And because of the joint and several liability risks that already exist under current legislation, this is a critical decision that businesses should not make lightly.

So how do you know who to choose?

At present there are low or no barriers to entry and this means that companies may find themselves dealing with an operator that is inexperienced or incapable of delivering a compliant service. To mitigate risk, we recommend that companies choose only to deal with TES providers who belong to a recognised professional body, such as the Federation of African Professional Staffing Organisations (APSO), where they are required to meet minimum compliance standards and subscribe to a code of ethics and best practice.

APSO membership hinges on compliance of the TES in terms of statutory regulations and meeting minimum operational standards to protect clients, work seekers and the image of the industry as a whole. For more specific detail on the exact compliance requirements, please visit www.apso.co.za

What questions should you ask?

Whether you choose to work with a company that belongs to a professional body or not, there are a few questions that you should ask every TES provider who you intend to work with including:

  1. Are they registered with the Department of Labour and in possession of a Private Employment Agencies (PEA) certificate?
  2. Are they registered, and in good standing, with SARS in terms of tax, VAT, PAYE, UIF, SDL and other employee deductions?
  3. If you work within a regulated sector, is the TES provider registered, and in good standing, with the applicable Bargaining Council and are their employee contracts and operations compliant with the collective agreements?
  4. Do they have sound internal policies and procedures to ensure fair labour relations practices and have they clearly explained the expectations of your role in the triangular employment relationship?
  5. Are there sufficient resources to ensure that TES employees are paid regularly, on the agreed dates, and that all associated employee administration is managed in accordance with legislation?

Choosing to work with an APSO member agency will provide you with comfort that the agency has undergone the compliance checks and is held accountable to the APSO Code of Ethical & Professional Practice. In the event of a dispute with the member agency, the company can lodge a complaint with APSO and have the matter resolved at no cost. For more information on the benefits of working with an APSO member agency, please don’t hesitate to contact us on 011 615 9417.

Tags:  APSO  compliance  Department of Labour  employee  fees  joint & several liability  preferred supplier listing  risk  SARS  statutory costs  temp  TES 

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