The Department of Employment and Labour in South Africa has the authority to enforce labour law and to conduct regular inspections of the workplace to ensure compliance. Therefore, it is important that all employers ensure that their businesses are compliant.
Employers in the North West province have been encouraged to seek out guidance with adhering to labour laws in the workplace rather than waiting for inspections to make sure their companies are in compliance.
The department has advised employers to engage with the Inspection and Enforcement Services (IES) Unit in the province and use the services and that it offers and tools that are available.
Acting Provincial Chief Inspector in the Province, Daniel Moshodi says that when the inspectors go out for inspections, they should not be seen as fault finders.
Moshodi says that during inspections they do not look out for noncompliance only, they also advise employers on ways they can work with the Department to ensure compliance in the workplace.
We urge employers not to wait for us if they are not sure of anything that relates to their obligations as employers, we are available to assist.
He continues, “They do not have to wait for inspections as it might be too late and by then we might have to enforce compliance which at times becomes costly.”
What do they inspect?
These inspections are conducted to determine the employers' compliance on several legislation on labour law and key acts.
The IES unit is responsible for enforcing and monitoring the following legislation:
- Occupational Health & Safety Act (OHS),
- Compensation of Occupational Injuries & Diseases (COIDA),
- Basic Conditions of Employment Act (BCEA),
- Unemployment Insurance Act (UIA),
- Unemployment Insurance Contribution Act (UICA) and the Employment Equity Act.
What if I don’t comply?
If a company fails inspection, the company is then deemed non-compliant. The Labour Inspector will issue the employer a compliance order that can result in a monetary penalty or prosecution.
As a result, employers are reminded that should they fail to comply with legislation it could constitute a criminal offence. Non-compliance can also have a severe financial impact on a business, exposing the business to unnecessary risk.
The department has ten regional offices in the North West province, employers are urged to visit them to be assisted in any of the labour law aspects they may have challenges with.
