Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part A : Monitoring and Enforcement

64. Functions of labour inspectors
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(1)A labour inspector appointed under section 63(1) may promote, monitor and enforce compliance with an employment law by—
(a)advising employees and employers of their rights and obligations in terms of an employment law;
(b)conducting inspections in terms of this Chapter;
(c)investigating complaints made to a labour inspector;
(d)endeavouring to secure compliance with an employment law by securing undertakings or issuing compliance orders;
(dA)referring disputes to the CCMA concerning failure to comply with this Act, the National Minimum Wage Act, 2018, the Unemployment Insurance Act and the Unemployment Insurance Contributions Act;

[Section 64(1)(dA) inserted by section 10 of Notice No. 1302, GG 42059, dated 27 November 2018]

(dB)appearing on behalf of the Director-General in any proceedings in the CCMA or Labour Court concerning a failure to comply with the legislation referred to in paragraph (dA); and

[Section 64(1)(dB) inserted by section 10 of Notice No. 1302, GG 42059, dated 27 November 2018]

(e)performing any other prescribed function.

 

(2)A labour inspector may not perform any function in terms of this Act in respect of an undertaking in respect of which the labour inspector has, or may reasonably be perceived to have, any personal, financial or similar interest.