South Africa is in the process of introducing new policies regarding the regulation of employment agencies. The International Labour Organization (ILO) has been concerned about the regulation of employment agencies since 1919. In South Africa, it is evident that workers placed by employment agencies are worse off than their counterparts who are directly employed by the employer. Should employment agencies be prohibited or should the industry be regulated? Towards the end of 2010, South Africa published amendments to its labour legislation that suggested that a ban be placed on employment agencies. The goals of this contribution are: to traverse the development of international standards in respect of employment agencies; to compare the regulation of employment agencies in South Africa and Namibia; and to determine whether the Private Employment Agencies Convention 1997 (No. 181) has played a meaningful role in influencing the current discourse in Southern Africa despite the fact that this convention has not been adopted. In this contribution, it is argued that a prohibition of employment agencies would contravene international standards. Even though the ILO convention dealing with employment agencies has not been adopted, it already had an influence on developments in Southern Africa. Arguments in favour of the banning of employment agencies have been placed on hold for the moment.
International Journal of Comparative Labour Law and Industrial Relations