s,>siio(6 LABOUR OF MINISTER IPHAtT G M.. E-. privateeaservicesr,labour.gov.za to: comments mailing E- (d) Pretoria Street Baard Francis 215 Building House Laboria Floor Third 310 Room to: comments Delivering (c) 0001 Pretoria X117 Bag Private Labour of Department Morotoba S. Mr PES General: Director Deputy The to: comments Faxing (b) 0001 Pretoria X117 Bag Private Labour of Department Morotoba S. Mr PES General: Director Deputy The to: comments Posting by:- notice publication after days 60 within regulations proposed the on comments written submit to invited are parties Interested Schedule. the in regulations the comment public for publish hereby Board, Services Employment the with consultation after and 2014, of No.4 Act, Services Employment the of 52 section under Labour, of Minister Oliphant, Mildred I, SERVICES EMPLOYMENT TEMPORARY AND AGENCIES EMPLOYMENT :PRIVATE OF REGISTRATION THE ON REGULATIONS i[)raft NO T AC SERVICES EMPLOYMENT Employment Services Act (4/2014): Draft Regulations on the Registration of Private Employment Agencies and Temporary Employment Services 20114 4, R. 1432 42140 NO. R. 1432 28 DECEMBER 2018 LABOU OF I[)EPARTMENT DEPARTMENT OF LABOUR 32 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018 NOTCr;= RNM E CO LV
STAATSKOERANT, 28 DESEMBER 2018 No. 42140 33 Regulations. of Repeal complaints. considering and lodging for Procedure 5. 4. a or Agency Employment Private a Service. Employment of registration of Temporary Cancellation 3. Temporary and Agencies Employment Services. Private of Employment Registration 2. Definitions. 1. SCHEDULE
1995); of 66 No. (Act 1995 Act, Relations Labour the means Act" Relations "Labour seeker; work a to agency the by offered service other any for fees and fees administration fees, registration of inclusive is and seeker work a charge may Service Employment Temporary a or Agency Employment Private a that charges all means "fees" (e) service; employment prescribed other any or Services; Employment Temporary of functions the performing (i) services; placement and recruitment providing (ii) needs; their match that skills with seekers work of availability the on employers advising by- employers assisting (i) or vacancies; for apply to employers to (ii) training; and education for providers training to - seekers work referring training; and education or market; labour the into -entry re or entry - (e) (d) (c) (ii) (i) of provision the by either choices career on workers of counselling or advising (b) for seekers work of assessment approaches; other or information - services following the of provision the includes services" "employment 1997); of 75 No. (Act 1997 Act, Employment of Conditions Basic the of 1. section in defined as meaning same the bears "employee" etc. Act Cooperatives Act, Companies to limited not but as such legislation relevant of terms in registered is that organisation an means "entity" 2008); of 71 No. (Act 2008 Act, Companies the means Act" "Companies issue. of date the from revoked) (unless years (3) three of period a for valid is and criteria, registration prescribed the satisfies fully which Service Employment Temporary a or Agency Employment Private a to issued certificate a means registration" of "certificate 1997); of 75 No. (Act 1997 Act, Employment of Conditions Basic the means Act" Employment of Conditions "Basic -context the with inconsistent unless and meaning same the has Act the 1. in assigned is meaning a which to expression or word any regulations these In Definitions 34 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018
work. for looking and unemployed is who person any means seeker" "work service; community or employment self- experience, work or employment for opportunity or vacancy a means opportunity" "work 2001); of 63 No. (Act 2001 Act, Insurance Unemployment the means Act" Insurance "Unemployment regulations; its and 2014 of No.4 Act, Services Employment the means Act" "this 1995; Act, Relations Labour the of (8) to (6) subsections of provisions the with accordance in Minister, the by published notice a or determination sectoral a council, bargaining a in concluded agreement collective a by services temporary be to determined is which time of period any for and work of category a in (iii) or absent; temporarily is who client the of employee an for substitute a as (ii) months; three exceeding not period a for (i) employee: an by client a for work means service" "temporary (ii) service. employment temporary the by remunerated are who (i) and client; the for work perform who persons: other client a to provides or for procures reward, for who, person any means service" employment "temporary application. the upon decision a make to order in required is information additional whom for agency employment private a to issued and issue of date the from revoked) (unless months (2) two of period of certificate a means registration" of certificate "temporary a for valid registration communication; the printing of capable is recipient the which of result a as mechanism electronic by transmit to or telefax or post registered hand, by serve to means "submit" 1998) of 97 No. (Act 1998 Act, Development Skills the means Act" Development "Skills 13; section of terms in registrar a as designated official the means "registrar" operated. be to is or being is Service Employment Temporary or Agency Employment Private the behalf whose on or whom by person the means "proprietor" gain; for services employment provides who person any means agency" employment "private "; "proprietor as meaning same the bears "owner" STAATSKOERANT, 28 DESEMBER 2018 No. 42140 35
Act. this of 13 section of terms in agency employment private a as registered be to deemed is Act Development Skills the of 24(1) section of terms in registered agency employment private Any fee. penalty a of charge the to subject be will registration of renewal for application Late indicated. as Department the to fee application -refundable non a paying applicant the to subject is Service Employment Temporary or Agency Employment Private a of registration of renewal or Registration (5) (b) (4) decision. its of applicant the notify (b) and applicant; the register to refuse shall: Registrar the (2)(c), clause in stipulated period notice -day 30 the within requirements the meet to fails applicant the If (3) requirements. the meets it period, -day 30 the within if applicant the register shall (iii) requirements; the meet to letter the of date the from days 30 has it that it, to issued letter the in applicant the inform shall (ii) registration; of refusal its for reasons containing letter a with it issuing by applicant the inform shall (i) Registrar: the service, employment temporary or agency employment private a of requirements registration the meets applicant the that satisfied not is Registrar the If (d) met. are registration successful for requirements necessary the that provided application the of receipt of days 60 within certificate registration a with service employment temporary or agency employment private a as registration for applicant the issue shall Registrar The Registrar. the by certificate a with issued being upon operate only shall Service Employment Temporary a or Agency Employment Private A 1. Annexure in prescribed form the in Registrar the to apply shall service employment temporary a or agency employment private a as registration for Applicants in (e) (b) (1) Africa. South sectors economic and employees, of categories Services, Employment Temporary Agencies, Employment Private all to apply regulations These (2) (2) Services Employment Temporary and Agencies Employment Private of Registration 36 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018
temporary a of issue of date the from calculated be shall thereof date expiry the registration, of certificate temporary a of holder a to issued is registration of certificate a If Registrar. the by reviewed automatically be shall certificates their as registration, re- for apply not need registration of certificates temporary of Holders time. on submitted not are renewal for applications if date expiry certificate the before response a guarantee cannot Registrar The certificates. their of date expiry the before days (60) sixty least at registration their renew should registration of certificates of holders registration, of continuity ensure To months. six for valid is registration of certificate temporary A cancellation of event the in except years three for valid be shall certificate registration The (b). 2 or 2 Annexure in prescribed form the in be shall Act the of 13(5) section of terms in issued certificates registration The entity; the of shareholders or partners, owner, the of documents identity of copies certified -(b); 2(3) -regulation sub per as applicable, where fee, renewal late /or and fee application of payment of proof applicable; where council bargaining a with registered is entity the that proof certificate; clearance tax a of proof legislation; relevant other any or 2008) of 71 No. (Act 2008 Act, Companies the of terms in etc.) operative co- cc, (company, CIPC the with applicant an as registered is agency the that proof from; operate will applicant the where address business physical verifiable a (d) (c) (b) (7) (f) (e) (d) (c) (b) criteria: registration prescribed following the with comply shall 2(2) regulation sub- in to referred application The (6) services. employment temporary provide not does it if first, comes whichever certificate, existing its of date expiry the before or effect into coming Act this of years three within (ii) or services; employment temporary provides it if first, comes whichever certificate, existing its of date expiry the before or effect into coming Act this of years two within (i) Act: this of 13 section under registration for apply must 2(5) STAATSKOERANT, 28 DESEMBER 2018 No. 42140 37
therein. stated as time such within General Director the by writing in authorized duly officer any or Registrar the by issued directive any with comply to fail seekers; work of certificates qualification original or documents identity original the retain certificate; registration its transfer or alter counterfeit, registration; of certificate its of terms in perform to authorized not is it that service employment any provide information; services employment false provide (k) ) (i) (h) (g) employer; an with employee that of placing the of respect in amount any pay to employee an permit or require or employee an of remuneration the from amount any deduct services; specialized of provision the for or employees of categories specified for Gazette Government the in specified fees the than other seeker work that to services employment providing for -seeker work any to fee a charge indirectly or directly statute. any of terms in required is information such where and consent written client's the with unless business, of course the in client the from requested or acquired was which client, any regarding whatsoever information any person any to provide or divulge indirectly, or directly Affairs; Home of Department the by Asylum granted or residence permanent for document identity Africa South of Republic a with issued been has -citizen non the unless citizen, non- any employment for register Registrar; the of approval written prior the without behalf its on business its conduct to applicant the than other person other any allow registration. its of terms the and Act this of provisions the with accordance in except operate (f) (e) (d) (c) (b) (8) address. site web its of page home the on /or and operates it where premises the at place visible a in registration of certificate its display must Service Employment Temporary or Agency Employment Private A (9) not- may Service Employment Temporary or Agency Employment Private registered A database. electronic its onto information its upload shall Department the services, employment temporary and private registered identify and access to able are public the of members that ensure To (e) 38 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018
registration; after regulations these of 2(5)(h) -regulation sub in stipulated as legislation labour of pieces various the of any with comply to fails it if- Service Employment Temporary a or Agency Employment Private a of registration the cancel may Registrar The Temporary a (1) 3. Service Employment or Agency Employment Private a of registration of Cancellation placed. was seeker work the where employer the of particulars (c) and employment); of nature the (including employment in placed been have that seekers work (b) gender); and race to according (classified them with registered seekers work the reflecting 5 Annexure in prescribed form the in Registrar the to report performance quarterly a submit year) each of April 5 and January 5 October, 5 July, 5 by (i.e. quarters performance Department's the following month each of 5`" the than later not by must service employment temporary a or agency employment private A (12) placed. was seeker work the where employer the of particulars (c) and employment; of nature the including employment, in placed been have that seekers work (b) them; with registered seekers work the reflecting 4 Annexure in prescribed form the in register manual or electronic an years, three a must Services of period minimum for keep, Employment Temporary and Agencies Employment Private (11) change. said the of days (30) thirty within 3) (Annexure Form Particulars in "Change a completing by Registrar the notify must agency an such Act, the of 13(5) section of terms in Registrar the from registration of certificate a receiving after details contact telephonic or address, site web its changes Services Employment Temporary a or Agency Employment Private a If above. 2(3) and 2(2) -regulations sub in prescribed as Registrar the to reapply must agency such Act, the of 13(5) section of terms in Registrar the from registration of certificate a receiving after type) (entity ownership of form changes or address, physical its to change consequent a with relocates service employment temporary a or agency employment private a If opportunity. work a up take to them for incentives other any or money either them paying by employees potential or seekers work induce (b) (10) (m) entity. /herhis to belongs it if as logo, or trademark registered entity, registered person, another of name the use No. 42140 39 (1) STAATSKOERANT, 28 DESEMBER 2018
Labour of Department Agencies Employment Private Registrar: The Address: Physical 0001 Pretoria X117 Bag Private Labour of Department Agencies Employment Private Registrar: The Address: Postal address: following the at Services Employment Temporary or Agencies Employment Private of operation the concerning Registrar the to complaint written a lodge may person Any (1) 4. complaints considering and lodging for Procedure determination. final a makes Court the until operate to allowed be shall Registrar's registration its cancel or renew to refuse to decision the against Court Labour the to review a for applied has that Service Employment Temporary a or Agency Employment Private A Act. Relations Labour the of 198 section in provisions the of any with -compliance non for registered de- be also may Service Employment Temporary a registration, de- for conditions general above the of all Notwithstanding Court High the of Master or company; the of manager judicial person; interested any entity; an of manager or owner the (2) (k) (iv) (iii) (ii) (i) by- necessary) where representation and investigation to subjected (and writing in requested legislation; relevant the of terms in liquidated or up wound deregistered, dissolved, is entity the business; its operate to ceased has or on, carrying not is it regulations; these of 2(11)(b)(c) -regulation sub of terms in registrar the to reports performance quarterly its provide to fails it 2(9)(b); -regulationsub of terms in accordingly Registrar the notify to fail and registration of certificate a receiving after details contact telephonic or address, site web its changes it 2(9); -regulation sub of terms in registration re- for Registrar the to -apply re to fail and Act, the of 13(5) section of terms in registrar the from registration of certificate a receiving after address physical or ownership of form changes it address; site web its of page home the on /orand operates it where premises the at place conspicuous a in registration of certificate its display to fails it regulations; these of -(c) 2(10) -regulation sub in stipulated as records the keep to fails it with; complied not are regulations these of -(m) 2(8) -regulation sub in stipulated registration of conditions the 40 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018
STAATSKOERANT, 28 DESEMBER 2018 No. 42140 41 extent the to repealed hereby are 6 Annexure in to referred therein. specified Regulations The 5. Regulations of Repeal such to response written a provide 5(1), complaint written a of receipt of days complaint. -regulation sub in to referred 30 within must Registrar The (2) @labour.gov.za pes Address: -mail E 4751-309 (012) Number: Fax Street Baard Francis 215 Pretoria
Prof address: snail E number: Telephone Code: Postal applicant: of address Postal applicant: of address (Physical) Residential Designation: number: Identity applicant: of name Full Specify: Dr Mrs Other Adv Mr Ms Title: A: applicant of Particulars registration of Renewal registration New APPLICATION OF TYPE "X" AN WITH APPROPRIATELY TICK service. employment temporary agency/ employment private a of registration the for apply hereby I 2014, Act, Services Employment the of 13(4) section of terms In /Madam Sir Dear in details contact per as Labour Annerure6. of Department the of Centre Labour nearest the to Address Labour of Department Services Employment /Temporary Agencies Employment Private Registrar: The 6. Annexure in details contact our see please assistance, or information more For 6). Anne_rure in details contact (see Labour of Department the of Centre Labour nearest the to form application completed the Submit o form. application of /renewal registration the Find o this of end the at procedure payment fee processed. he not will attached documents supporting prescribed without Applications and legibly full, in form this Complete INSTRUCTIONS: ink. black in SERVICE EMPLOYMENT TEMPORARY A OR AGENCY EMPLOYMENT PRIVATE A OF REGISTRATION THE FOR FORM APPLICATION 2(2)1 REGULATION I 2014 ACT, SERVICES EMPLOYMENT 1 ANNEXURE 42 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018
CBO NGO Trust Proprietor Sole Corporation Close Ltd (Pty) Limited Proprietary "): "X an with box appropriate the (tick entity of Type PEA/TES Both Services Employment Private Services Employment Temporary "): "X an with box appropriate the (tick provided be to placements or services employment of Type(s) Specify Other Africa South "): "X an with box appropriate the (tick service employment temporary agency/ employment private of Location address: -mail E address: Site Web number: Telephone Code: Postal address: Postal address: Physical name: Trading name: Registered Sep vie.e Employment Temporary or Agency Employment Private of Particulars STAATSKOERANT, 28 DESEMBER 2018 No. 42140 43
instituted. claim any to defence a constitute not will registered not is service employment temporary a that fact the and legislation, applicable any in registered is it unless service employment temporary a of functions the perform must person no amended, as 1995, Act Relations Labour the (4F)of Section198 of terms In of terms e imprisonment. and fine such both or 1991), of 101 No. (Act 1991 Act, Fines of Adjustment the by permitted is as fine such or months 24 exceeding not imprisonment of term a impose may 50(1)(d) subsection in contemplated offence an of person a convicts that court a 2012, Act, Services Employment the of 50(3) Section of terms In registration. its of violation in or registered duly being without agency employment private a operate to offence an is it 2012, Act, Services Employment the of 50(1)(d) section Sub- of terms In Note: courier. post/ via and counter the over payments cheque or cash accept not does Labour of Department the that note Please reference. the as numbers registration their use should agencies registration, of renewal For payment. making when reference the as name agency's your use please application, new a For Type Account Branch Bank Code Bank Number Account Name Account Banking. Internet or Transfer, Funds Electronic deposit, Cash By e card; Credit or Debit By o options: following the via below provided details bank the to made be can payment convenience your For PROCEDURE, PAYMENT FEE APPíLiCATION Date:..., Signature: Comments Rejected / Approved Application: Use: Official For applicant of Signature Date (Compulsory); Certificate Clearance Police 6. (Compulsory); standing good of Letter 5. applicable); (if Council Bargaining the from Certificate Registration Employer 4. (Compulsory); fee -registrationregistration/re of payment of Proof 3. (Compulsory); SARS from Certificate Clearance Tax A 2. (Compulsory); etc.) -opco CC, (Company, Certificate Registration Institutional 1. form application the to attached be must documents following The C: Specify Other Cooperative 44 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018
Date: Ageucie3 Employment Private Registrar: -(j). 3(1) -regulation sub to subject agency any of registration the cancel may Registrar The -(j). 2(9) -regulation sub in stipulated conditions the to subject issued is and issue, of date the from years three of period a for valid is certificate This PEA/TES Both Services Employment Private Services Employment Temporary an with box appropriate the (tick provided he to services employment of Type(s) services: employment of type(s) following the provide to certified and registered duly been 2014, Act, Services Employment the of 13(5) section of terms in has number: Telephone address: -maile address: Site Web Code:.Postal address: Postal address: Physical as: Trading that: certify to is This REGISTRATION OF CERTIFICATE 2(7)] [REGULATION 2014 ACT, SERVICES EMPLOYMENT 2 ANNEXURE STAATSKOERANT, 28 DESEMBER 2018 No. 42140 45
Agencies Employment Private Registrar: urgently: submitted be must and outstanding are documents following the that note Please (j). 3(1)- -regulation sub to subject registration this cancel may registrar The -(j). 2(9) -regulation sub in stipulated conditions the to subject issued is and issue, of date the from months six of period a for valid registration of certificate temporary a is This /TES PEA Both Agency Employment Private Service Employment Temporary "): "X an with box appropriate the (tick provided be to services employment of Type(s) services: employment of type(s) following the provide to certified and registered duly been 2014, Act, Services Employment the of 13(5) section of terms in has number: Telephone address: -mail E address: Site Web Code: Postal address: Postal address: Physical as: Trading that: certify to is This REGISTRATION OF CERTIFICATE TEMPORARY 2(7)[ [REGULATION 2014 ACT, SERVICES EMPLOYMENT 2(h) ANNEXURE 46 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018
of 00040000 Gee 0 0 ea 0201.0 29 aa a 0 40......... a Date: Signature:........................ Designation:......... and Name..... Surname: EMPLOYMENT TEMPORARY IN PLACED SEEKERS WORK OF NUMBER TOTAL EMPLOYMENT PERMANENT IN PLACED SEEKERS WORK OF NUMBER TOTAL PLACED SEEKERS WORK OF NUMBER TOTAL REGISTERED SEEKERS WORK OF NUMBER TOTAL SUMMARY: 9. 8. 7. 6. 5. 4. 3. _ 2. 1. temporary) or (permanent employer placement Particulars of Nature No Yes/ Placed: & Age ID registered seekers work Gender of Names Yes/No Disability Race period: Reporting year: Reporting Annexiire5. in details contact per as Labour of Department the of Centre Labor nearest the to Address Labour of Department Operations Centre Labour Director: Deputy The ATTENTION: service: employment Temporary agency/ employment private of Name TEMPLATE REPORTING AND RECORDING SERVICES EMPLOYMENT TEMPORARY AGENCY'S/ EMPLOYMENT PRIVATE 2(11)] [REGULATION 2014 ACT, SERVICES EMPLOYMENT 4 ANNEXURE STAATSKOERANT, 28 DESEMBER 2018 No. 42140 47
48 No. 42140 GOVERNMENT GAZETTE, 28 DECEMBER 2018 17 agencies employment private to regard with Regulations 1998) of No.97 whole a As Repeal of Extent (Act 1998 Act, Development Skills Title 2000 June 13 Date R608 No. Notice Government REPEALED REGULATIONS 2014 ACT, SERVICES EMPLOYMENT 6 ANNEXURE