What are labour brokers role and function?

A labour broker (or Temporary Employment Service) is a person or company that provides labourers to client companies on a temporary basis. The labour broker usually would do background checks, criminal record checks etc on their pool of labour, and makes sure that their workers are well trained.

Does a labour broker pay PAYE?

December 1994. Employees are subject to employees’ tax (PAYE/SITE). This means that a labour broker’s gross income is subject to employees’ tax either at individual rates according to the tables or at a flat rate of 35% in the case of a company or a close corporation. …

What is an irp30?

A labour broker exemption certificate (IRP30A) is a certificate issued by SARS to qualifying labour brokers which absolves clients from having to deduct Employees’ Tax from any payments made to a labour broker.

How do I register as a labour broker?

These requirements include that the agency comply with all labour laws, has a verifiable physical business address, proof that the agency is registered with the Companies and Intellectual Property Commission (CIPC), proof of tax clearance certificate, proof that the agency is registered with a bargaining council, where …

Is a labour broker an employer?

As settled by the courts, the labour broker is the employer of the worker, and the client is not. The labour broker and the client are jointly and severally liable for breaches by the labour broker of certain wage regulating measures, but not, it must be noted, for any unfair dismissal by the labour broker.

What is TES in labour law?

q Section 198A of the Labour Relations Act, 1995 (the “LRA”) provides that a person assigned to a client by a temporary employment service (“TES”) for a period of more than three months, and who earns less than the threshold amount, is deemed to be the employee of the client for the purposes of the LRA.

What is the UIF limit for 2021?

R17 712 per month
Please note: As from 1 June 2021, the maximum earnings ceiling is R17 712 per month or R212 544 annually. For employees who earn more than this amount, the contribution is calculated using the maximum earnings ceiling amount.

How do I register a PRS with SARS?

Need help?

  1. Call the SARS Contact Centre on 0800 00 SARS (7277)
  2. Call the Tax Exemption Institution (TEI) on 012 483 1700 or.
  3. Email your query to [email protected].

What is an IRP3 certificate?

An IRP3(e) certificate is what SARS issues to acknowledge the receipt of the tax directive and the finalisation thereof. Information appearing on the IRP3e certificate is populated on ebTax as returned by SARS.

How do I register my employees at the Department of Labor?

Information on how to register with the UIF is available on the Department of Labour website….You can register your employee through one of the following methods:

  1. Telephonically at 012 337 1680.
  2. E-mail at [email protected] .
  3. Mail to:
  4. The UIF.
  5. Pretoria.
  6. 0052.
  7. Visit your nearest Labour Centre.

How do I check an agent license?

There are 3 easy ways that you can do to verify the license and status of a POEA accredited agency….

  1. Verify by Status of Licensed Agency by Searching it on POEA website. What you need to do is go to the POEA website.
  2. Verify by Searching the Available POEA Job Orders by Agency.
  3. Manual Verification, Call POEA hotline numbers.

Are labour brokers legal?

Section 198 limits labour-broking contracts to three months. After three months, the law considers a worker a permanent employee of the client company that contracted the worker through a labour-broking company. The section was introduced to address exploitative labour practices by these companies.

Who is a labour broker?

A labour broker is any natural person who conducts or carriers on any business whereby such person for reward provides a client of such business with other persons to render a service or perform work for such client, or procures such other persons for the client, for which services or work such other persons are remunerated by such person.

Can a labour broker be jointly and severally liable?

The labour broker would also need to be registered as an employer in that industry. Third, where the labour broker and the client are jointly and severally liable for breaches by the labour broker of certain wage regulating measures, the worker may institute proceedings against either the labour broker or the client or against both.

What are the tax obligations of a labour broker?

In return, the labour broker is also obliged to withhold employees’ tax from remuneration paid to its employees. The only time that an employer need not deduct employees’ tax from payments made is when the labour broker is in possession of a tax exemption certificate. It is not always clear when a person will be considered a labour broker.

Who are the parties to a Labour brokerage agreement?

It is useful to note that there are three parties to this arrangement: the ‘labour broker’, the ‘worker’ and the ‘client’ and these are the terms we use in what follows. Major changes are however introduced by the insertion of new sub-sections (4A), (4B), (4C), and (4E) and the new section 198A.