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16
GRAANGIDS
2017
GRAIN GUIDE
HANDLE INSPECTIONS FROM THE
DEPARTMENT OF LABOUR LIKE THIS
In terms of the Basic Conditions of Employment Act (‘the Act’), an
inspector from the Department of Labour can visit and enter any place
of work at any reasonable time without a warrant to determine if an
employer adheres to the provisions of the applicable labour legislation.
However, when the workplace is a residence, the inspector may
only enter and investigate if the owner consents or if the inspector
obtained prior authorisation from the Labour Court.
An inspector has several powers during these investigations, which include the following:
• The right to question any person regarding the work performed.
• To require any person in the workplace to provide information regarding the workplace in terms
of the provisions of the applicable labour legislation. They may also require this information to
be given under oath or confirmation.
• To inspect or copy any document or record relevant to the provisions of the applicable labour
legislation. The documents can also be removed – if necessary – to enable the inspector to
make copies.
Employers should be careful of people illegally impersonating inspectors from the Department of
Labour and who specifically try to sell notices, posters, products and information to employers
– often at ridiculous prices. These people falsely pretend to employers that their notices are
outdated and that they should get new ones. Employers should note that the year in which the leg-
islation is issued does not change with amendments to the act. In this way, for example, the Basic
Conditions of Employment Act, Act 75 of 1997, is not outdated. The year 1997 stays unchanged,
even if new amendments to the act are promulgated.
Employers have the right to request proper identification from the inspector:
• All inspectors should be in possession of an appointment certificate, which they have to present
on request.
• The certificate should state which legislation the inspector is allowed to investigate, as well as
the functions the inspector may exercise.
• The employer may also contact the Department of Labour to confirm the appointment.
Which legislation plays a role?
The purpose of the inspector’s investigation is to determine if the employer complies with the
requirements of applicable labour legislation with respect to the following:
• Basic Conditions of Employment Act
• Sectoral Determination 13 (applicable to the agricultural sector)
• Compensation for Occupational Injuries and Diseases Act
• The Employment Equity Act
• The Occupational Health and Safety Act
• Unemployment Insurance Act (UIF)
Aspects that the inspector will check on during an
inspection by the Department of Labour
During an inspection, the inspector investigates certain aspects to determine if the employer
complies with the requirements of the appropriate labour legislation. Generally the inspector