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Labour Inspections: A Guide for Employers

What to do when the Labour Inspector knock on your door!

A Labour Inspector’s scrutiny from the Department of Labour can be a daunting experience for employers, often causing a sense of panic due to uncertainties about compliance with relevant labour legislation. At A de Bruyn Attorneys, we understand the challenges employers face during these inspections and are here to alleviate your concerns. In times of inspection, having well-defined policies is crucial for both employers and employees as it provides clarity on how to handle various situations. Instead of succumbing to panic, trust A de Bruyn to guide you through the complexities of compliance and ensure a smooth inspection process.

It is important to adhere to industry-specific legislation such as the Basic Conditions of Employment Act, the Labour Relations Act, the Employment Equity Act, the Occupational Health and Safety Act, and the Skills Development Act and the Minimum Wage Act

Inspection from the Department of Labour, what an Employer needs to know about: 

  1. Registering with the Compensation Fund and Unemployment Insurance Fund: Before you dive headfirst into the business world, make sure you are properly registered. Ask yourself, are you on the radar of the Compensation Fund and Unemployment Insurance Fund. It is important to note that these registrations are not optional, they are mandatory, and they are your business’s safety net and your employees’ financial lifeline
  • Embrace the Occupational Health and Safety Act: Safety first, they say, and they are not wrong. Have a copy of the Occupational Health and Safety Act on display in your workplace. 
  • Display the Essentials: Display a summary of the Basic Conditions of Employment Act and the Employment Equity Act. It is not just about ticking boxes; it is about transparency and fostering a culture of compliance. 
  • Health and Safety Committees: Appoint Health and Safety Representatives and establish committees. Ask yourself – are you and your team well trained to identify potential hazards? Are emergency exits well- marked, and are fire extinguishers regularly services? These are not just regulatory requirements; they are your first line of defence against accidents. 
  • First aid ready: Be prepared for the unexpected. First aid boxes should be fully equipped, easily accessible, and a mandatory feature of your workplace. It is not just a good practice. It is a lifesaver. 
  • Reporting injuries: Accidents happen, but how you handle them matters. Report workplace injuries promptly to the Department of Labour. 
  • Hygienic facilities: Clean toilets and washing facilities are non-negotiable. Hygiene is not just a formality; it reflects how you value your workforce. 
  • The attendance register: Maintain an attendance register. It is not just a piece of paper; it is a record of your team’s dedication. 

Other valuable information to keep on your premises are information about remuneration like pay slips indicating overtime and leave pay of employees for the previous 2 months, a copy of your CIPC registration, a signed employment contract for all employees and a list of your employees. 

The unseen Pitfall: Non-Compliance

Non-compliance with labour law is a risky game, and the consequences are not to be underestimated. Labour inspectors can issue compliance orders which can lead to a financial penalty or imprisonment. Arbitration awards may become the storm clouds on your financial horizon. 

Trust A de Bruyn Attorneys to be your partner in maintaining a compliant and efficient workplace, so you can focus on what matters most – the success of your business.

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