Staffing Agency Contract Template for South Africa

The Staffing Agency Contract serves as the primary legal framework for temporary employment services in South Africa, establishing the relationship between staffing agencies, client companies, and placed workers. This document is essential when businesses require flexible workforce solutions while ensuring compliance with South African labor laws, particularly the Labour Relations Act 66 of 1995 and related employment legislation. It addresses key aspects including worker placement terms, statutory compliance, fee structures, and risk allocation. The contract is particularly important given South Africa's specific requirements regarding temporary employment services, including the "deemed employment" provisions after three months and various statutory obligations related to employment equity, skills development, and worker protection.

1. Parties: Identification of the staffing agency and the client company, including registration numbers and registered addresses

2. Background: Context of the agreement, including the agency's authority to provide staffing services and the client's need for temporary workers

3. Definitions: Key terms used in the agreement, including 'Placed Workers', 'Assignment', 'Services', and other relevant terminology

4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Agency Obligations: Agency's responsibilities including screening, verification, payroll administration, and statutory compliance

6. Client Obligations: Client's responsibilities including workplace safety, supervision, and cooperation with the agency

7. Placed Worker Management: Processes for worker placement, supervision, performance management, and replacement

8. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and any volume-based discounts

9. Statutory Compliance: Compliance with labor laws, including UIF, COIDA, and employment equity requirements

10. Confidentiality: Protection of confidential information between all parties

11. Duration and Termination: Contract term, renewal provisions, and termination circumstances

12. Dispute Resolution: Process for handling disputes between parties

13. General Provisions: Standard legal clauses including notices, entire agreement, and governing law