The Temporary Staffing Agreement is essential for businesses operating in South Africa that require flexible workforce solutions through temporary employment services (TES). This agreement type is specifically designed to comply with South African labor law requirements, particularly Section 198 of the Labour Relations Act, which regulates temporary employment services. The document is crucial when a company needs to engage temporary workers through a staffing agency, whether for short-term projects, seasonal work, or temporary replacements. It establishes the framework for worker placement, defines responsibilities between parties, ensures statutory compliance, and protects all parties' interests while maintaining alignment with South African employment legislation and regulatory requirements.

1. Parties: Identification of the Temporary Employment Service provider (agency) and the client company

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Key terms including 'Temporary Workers', 'Assignment', 'Services', etc. and interpretation rules

4. Appointment and Scope: Formal appointment of the agency and scope of services to be provided

5. Duration: Term of the agreement and renewal provisions

6. Agency Obligations: Core responsibilities of the staffing agency including recruitment, vetting, and statutory compliance

7. Client Obligations: Client's responsibilities including workplace safety, supervision, and cooperation

8. Temporary Worker Engagement Process: Process for requesting, selecting, and onboarding temporary workers

9. Fees and Payment Terms: Pricing structure, payment terms, and invoicing procedures

10. Employment Status and Statutory Compliance: Clarification of employment relationships and compliance with labor laws

11. Health and Safety: Responsibilities for workplace safety and health compliance

12. Confidentiality: Protection of confidential information of all parties

13. Data Protection: POPI Act compliance and data handling requirements

14. Liability and Indemnification: Allocation of risks and indemnities between parties

15. Termination: Grounds and process for terminating the agreement

16. Dispute Resolution: Process for resolving disputes between parties

17. General Provisions: Standard boilerplate clauses including notices, amendments, etc.