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

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part A : Monitoring and Enforcement

68. Securing an undertaking

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(1)A labour inspector who has reasonable grounds to believe that an employer has not complied with any provision of this Act, the National Minimum Wage Act, 2018, the Unemployment Insurance Act or the Unemployment Insurance Contributions Act may endeavour to secure a written undertaking by the employer to comply with the provision.

[Section 68(1) substituted by section 12(a) of Notice No. 1302, GG 42059, dated 27 November 2018]

 

(1A)A labour inspector may endeavour to secure a written undertaking by the employer to comply with subsection (1) either by —
(a)meeting with the employer or a representative of the employer; or
(b)serving a document, in the prescribed form, on the employer.

 

(2)In endeavouring to secure the undertaking, the labour inspector—
(a)may seek to obtain agreement between the employer and employee as to any amount owed to the employee in terms of this Act or the National Minimum Wage Act, 2018;

[Section 68(2)(a) substituted by section 12(b) of Notice No. 1302, GG 42059, dated 27 November 2018]

(b)may arrange for payment to an employee of any amount paid as a result of an undertaking;
(c)may, at the written request of an employee, receive payment on behalf of the employee; and
(d)must provide a receipt for any payment received in terms of paragraph (c).

 

(3)If an employer fails to comply with a written undertaking given by the employer in terms of this section, the Director-General may request the CCMA to make the undertaking an arbitration award.

[Section 68(3) substituted by section 12(c) of Notice No. 1302, GG f42059, dated 27 November 2018]