Abstract
This dissertation critically examines the evolution and effectiveness of labour protection for employees within South Africa's Temporary Employment Sector. Amid rising labour market flexibility and the expanding use of non-standard employment arrangements, this dissertation seeks to evaluate the scope and effectiveness of protective measures available to TES employees. This dissertation considers the historical development of the TES framework, looking at how legislative interventions- most notably amendments to the Labour Relations Act- have expanded the rights and protections available to temporary workers in alignment with constitutional guarantees. Historically, TES employers, often acting as intermediaries for client companies, have benefitted from more legal protection compared to their employees, resulting in worker vulnerability and contested employment relationships employing a comprehensive literature review and an in-depth analysis of statutory law, jurisprudence, and policy documents, the dissertation interrogates both the progress and shortcomings in the legal landscape. Comparative practices are drawn from Namibia and the United Kingdom to contextualize South Africa's regulatory approaches and to illuminate best practices for labour protection in the temporary employment sector. Findings indicate that, while recent reforms have enhanced the security and rights of temporary workers, inconsistencies in enforcement, ambiguity in legal definitions, and practical barriers continue to impede the realization of substantive protection for many TES employees. The dissertation concludes by offering evidence-based recommendations for targeted law reform and improved regulatory oversight. It underscores the necessity of closing enforcement gaps, strengthening institutional accountability, and fostering a more equitable and protective labour environment for all participants in South Africa’s evolving TES sector.