How JustAnswer Works:

 
 
 
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
 
 
 
Ask SA-TOPLAW Your Own Question
SA-TOPLAW, Attorney
Category: South Africa Law
Positive Feedback: 93.7 %
Satisfied Customers: 752
Experience: All areas of commercial and contract Law - specialist in property advice.
Type Your South Africa Law Question Here...
SA-TOPLAW is online now
A new question is answered every 9 seconds

I have been working for a company on afixed term contract for

Customer Question

I have been working for a company on afixed term contract for three years, after the three years the company switched us to a labour broker and I have been working for them up until now. My contract with the labour broker expired on the 31 Desember 2011, but I am still in service for the company they "rent" me out to without a new contract.

I would just like to know what the legal implications could be, who will be responsible party, the labour broker or the company?

The labour broker is still paying my salary and they bill the company and the company still pays them eventhough I have not yet signed a renewal of contract.

Submitted: 12 months ago.
Category: South Africa Law
Expert:  SA-TOPLAW replied 12 months ago.


SA-TOPLAW : Hi There - this is a great question. With all the talk about making labour broking illegal (this is exactly the kind of thing the dept of labour wants to stop) you could find that you are employed by the company in the eyes of the law. The favt that the labour brokers pay your salary doesnt detract from the fact that you are rendering your services to the Company and as such my gut feeling is that they are theoretically your employer. The importAnt issue is whether you want to make a noise about it because that could be detrimental to your employment. On the other hand if you feel prejudiced or at risk in any way i wouldl go see a good labour attorney to get advise on what to do and how to build a paper trail to try make sure you have the best protection if you need it or if something goes wrong later. I hope this helps and wish you luck. Please dont forget to rate my answet otherwise i dont get paid. Regards
Customer :

SA-TOPLAW, Attorney
Category: South Africa Law
Positive Feedback: 93.7 %
Satisfied Customers: 752
Experience: All areas of commercial and contract Law - specialist in property advice.
SA-TOPLAW and other South Africa Law Specialists are ready to help you
Ask Your Own Question Now
Picture
Expert:  SA-TOPLAW replied 12 months ago.

Thanks for accepting and good luck.

Ask Your Own South Africa Law Question

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Positive Feedback:

    99.7 %

    Satisfied Customers:

    813
    B.Com LLB Registered Corporate lawywer
< Last | Next >
  • http://ww2.justanswer.com/uploads/IN/inciteadvisor/2012-1-17_10911_170120121123.64x64.jpg inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Positive Feedback:

    99.7 %

    Satisfied Customers:

    813
    B.Com LLB Registered Corporate lawywer
  • http://ww2.justanswer.com/uploads/tumi65/2009-12-28_9197_BABA_I_FRIENDS_013.jpg PHINEAS MOTAUNG's Avatar

    PHINEAS MOTAUNG

    Attorney

    Positive Feedback:

    100.0 %

    Satisfied Customers:

    113
    BACHELOR OF LAWS
  • http://ww2.justanswer.com/uploads/emil102/2010-05-04_160842_IMG000806.jpg Emil's Avatar

    Emil

    Attorney

    Positive Feedback:

    100.0 %

    Satisfied Customers:

    33
    BCom Law LLB, 3 years post article experience as attorney
  • http://ww2.justanswer.com/uploads/Lurine/2010-10-04_101308_LCP.jpg LCP's Avatar

    LCP

    Attorney

    Positive Feedback:

    100.0 %

    Satisfied Customers:

    21
    BCom (Stell) LLB LLM
  • http://ww2.justanswer.com/uploads/KimGAtt/2009-11-04_164526_Profile.JPG K. Groenewald's Avatar

    K. Groenewald

    Attorney

    Positive Feedback:

    100.0 %

    Satisfied Customers:

    19
    LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
  • http://ww2.justanswer.com/uploads/SA/SATOPLAW/2013-3-10_81221_IMG000592011111518283.64x64.jpg SA-TOPLAW's Avatar

    SA-TOPLAW

    Attorney

    Positive Feedback:

    93.7 %

    Satisfied Customers:

    752
    All areas of commercial and contract Law - specialist in property advice.
  • http://ww2.justanswer.com/uploads/AN/AntonSmith13/2013-2-21_17147_Snapshot.64x64.png AntonSmith13's Avatar

    AntonSmith13

    Attorney

    Positive Feedback:

    92.5 %

    Satisfied Customers:

    41
    LLB, LLM, Cert. International Law Attorney with 12 years experience