When you use temporary hospitality staff in South Africa, the first question is who the legal employer is. The employer carries the duties under the Basic Conditions of Employment Act (BCEA), UIF and COIDA. If a temporary employment service places the worker, section 198 of the Labour Relations Act (LRA) can make you jointly and severally liable for some breaches, so "the agency handles it" isn't a complete answer.
This is orientation, not legal advice. It's meant to help you ask better questions. Where the answer depends on your facts, we say so.
Who is the employer of temporary staff?
Everything else follows from this: who employs the person working on your floor?
If you employ them, even for one shift, paid in cash and called "casual", you carry the employer's duties. Calling someone an independent contractor doesn't make them one. The law looks at the real relationship: who controls the work, who sets the hours, whose equipment is used, and whether the person runs their own business.
If a third party is the employer, it carries payroll and the statutory registrations. But under section 198 of the LRA, arrangements with a temporary employment service can create joint and several liability for certain breaches. Get the arrangement confirmed in writing, and have it reviewed once.
"Casual" has no legal effect. It describes how you see the shift, not how the law sees the relationship.
What does the BCEA cover for temporary staff?
The BCEA sets minimum standards. Where you are the employer, these are the parts that matter most in hospitality:
- Hours and overtime. Overtime has to be paid for, or compensated as the Act allows. A verbal "it's fine" doesn't change that.
- Meal intervals and rest periods. Long continuous shifts come with a break entitlement.
- Sunday and public holiday work, which is paid at higher rates. This matters in December.
- Night work rules for late shifts.
- Records and payslips. You must keep records of hours worked and pay. It's a common gap, and the easiest one to fix.
- The National Minimum Wage, which is updated regularly. Check the current figure rather than last year's.
Two more sit outside the BCEA but matter just as much: UIF contributions and COIDA cover for injuries at work. Kitchens are dangerous places. If someone is burned or cut on your premises, you want to know who covers them before it happens.
What should you ask a staffing supplier?
Ask these before anyone works a shift for you. A supplier who can't answer clearly is telling you something.
- 1Who is the legal employer of the person on my floor?
- 2Are they registered for UIF and PAYE where required?
- 3Is there COIDA cover if someone is injured on my premises?
- 4What is your minimum rate, and is it above the National Minimum Wage?
- 5Do you have written contracts with your staff?
- 6What checks were done before this person was approved?
- 7What happens if someone doesn't arrive?
- 8Who do I contact during a shift, and how quickly do they respond?
On question five, ask to see the contract, not just a yes. On question six, "vetted" can mean anything from a phone call to full document and reference checks. Your risk sits in the gap between the two.
What does "labour broker" mean?
"Labour broker" is everyday shorthand that overlaps with the legal term temporary employment service in the LRA. The term carries real regulatory weight, so be careful how you describe your own arrangement, in either direction.
If a supplier calls itself a labour broker, ask what that means for who employs the staff. If you're not sure how your own set-up is classified, ask a labour practitioner. It's a short conversation, and cheaper than the alternative.
What records should you keep for temporary staff?
Whatever the arrangement, keep these for every temporary worker:
- The date, and the start and end times actually worked, not just what was booked.
- Who they worked for: the supplier's name, or your own payroll reference.
- The rate, and what was paid.
- Any incident, such as an injury, damage or complaint, recorded on the day.
- The booking confirmation or invoice.
If a dispute reaches the CCMA, the side with records made at the time is in a far stronger position than the side working from memory months later.
What can HirePro tell you, and what can't it?
On HirePro, the booking terms are in writing, hours are recorded and you see the itemised price before you confirm. Every shift leaves a record you can point to, which helps with the record-keeping above.
What we won't do is tell you, in a blog post, how your arrangement is classified or which duties fall on you. That depends on facts we don't have. Our terms set out how bookings work, and a labour practitioner should review them against your operation once.
Checklist for using temporary staff
- Read your supplier's terms properly, once.
- Get the "who is the employer" answer in writing.
- Confirm the UIF and COIDA position before an incident, not after.
- Keep hours and incident records for every shift.
- Have a labour practitioner review your arrangement once.
- Check the National Minimum Wage figure every year.
You can see how booking works for businesses, including how hours and prices are recorded.
