The Department of Employment and Labour workplace inspection process

Labour Inspectors (Inspectors), appointed and empowered under Chapter 10 of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), have the duty to ensure compliance with our various labour legislations. 

It is for this purpose that the Department of Employment and Labour has set up an Inspection and Enforcement Services Programme (IES) which aims to protect vulnerable workers through carrying out workplace inspections at businesses across various sectors. 

The IES have a duty to ensure that incidents relating to labour relations and occupational health and safety, as reported by members of the public, are registered and that these are communicated to the relevant structures within the Compliance, Monitoring and Enforcement Services sub programme for investigation. 

Inspectors are also tasked with ensuring compliance with other legislation which may impact on the employment relationship including those that deal with the legal status of foreign employees and their eligibility to work in the country. 

Therefore, it is important for employers to ensure that foreign employees possess the requisite permission to work. 

Where an employer fails to do so, they may be guilty of a criminal offense and be liable for the payment of a fine or imprisonment. 

See attached for further information

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Courtesy CDH.