What You Should And Shouldn’t Present To The Department Of Labour When An Inspector Arrives

Labour inspectors from the Department of Employment and Labour (DoEL) conduct workplace inspections periodically to assess compliance with labour legislation. These inspectors are appointed in terms of Section 63(1) of the Basic Conditions of Employment Act (BCEA) and are authorised to monitor and enforce the following legislation:

• Basic Conditions of Employment Act, 75 of 1997
• National Minimum Wage Act (NMWA), 9 of 2018
• Compensation for Occupational Injuries and Diseases Act (COIDA), 130 of 1993
• Employment Equity Act (EEA), 55 of 1998
• Occupational Health and Safety Act (OHSA), 85 of 1993
• Unemployment Insurance Act (UIA), 30 of 1996

In terms of Section 65(1) of the BCEA, a labour inspector may enter any workplace, excluding private homes, without a warrant or prior notice during reasonable hours to enforce compliance with labour laws. Employers are legally obligated to cooperate with and assist inspectors in the performance of their duties.

When conducting an inspection to check BCEA compliance, a labour inspector will typically request the following documentation:

1. A copy of the Act or determination (if applicable).
2. Attendance Register for the last 2 months.
3. Signed employment contracts / letter of appointments of employees.
4. Information about remuneration (pay slips/envelopes), overtime, leave pay (for 2 different employees for 2 months)
5. Unemployment Insurance, registration number, as well as proof of last payments.
6. Compensation of Occupational Injuries and Diseases Act (COIDA) registration number as well as proof of last payments.
7. A copy of the CIPRO Certificate or company letterhead
8. A list containing the names and ID numbers of all employees with their Cellphone numbers.

Additionally, inspectors will verify that summaries of the BCEA, EEA and OHSA are prominently displayed in the workplace as required by law.

Verifying the Inspector’s Identity

Before granting access to the premises, employers must verify the identity of anyone claiming to be a labour inspector. A legitimate labour inspector will be in possession of an official certificate of appointment issued by the Minister of Employment and Labour which confirms:

• That the individual is duly appointed by the Department of Employment and Labour
• The specific legislation the inspector is authorised to monitor
• The scope of duties the inspector is empowered to perform

It is important to note that:

• Inspectors may not charge any fees for inspections, investigations, advice, or assistance
• The Department of Employment and Labour does not authorise third parties to conduct inspections on its behalf
• Inspectors may not sell posters, products, or informational materials.

Consequences of Non-compliance

If an inspector finds that an employer is not complying with the BCEA or any other applicable legislation, the inspector may request a written undertaking from the employer to rectify the non-compliance. Alternatively, the inspector may issue a compliance order instructing the employer to take immediate corrective action.

Failure to comply with labour legislation may result in legal consequences, including fines or, in more serious cases, imprisonment.

Employers are encouraged to ensure continuous compliance with all applicable labour legislation. Inspections may occur without prior notice and non-compliance can have serious financial and legal repercussions.

If you require assistance in preparing for or responding to a labour inspection, contact your nearest SEESA office for professional guidance.