Introduction
Internationally, there has been a noticeable expansion in the scope of employer-employee relations, which has birthed new employment models, one of which is the Triangular Employment model. This model is rapidly becoming the preferred option amongst corporate organizations, which, very likely, is due to the fact that it saves organizations from dealing directly with employee issues and grievances, and instead focuses on and channels their energy towards customer satisfaction and amassing excess profits.[1]
The concept of triangular employment
Triangular employment refers to a situation wherein a person (the employee) is employed by a company (outsourcing organization) for the primary purpose of working for a third-party agency (contracting agency). Generally, in triangular employment, the outsourcing organization and the contracting agency have a service agreement that requires the outsourcing organization to supply the contracting agency with staff.[2]
The “triangular employment principle” can be credited to the International Labour Organization (ILO). Ordinarily, an employment relationship involves two parties: the employer and the employee. However, the ILO has acknowledged that there are situations in which three individuals or entities can be involved in employment relations, in what might be termed a “triangular employment relationship” or a “disguised or objectively ambiguous triangular employment relationship”.[3]
The legal basis of triangular...
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