[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]