Chapter Ten: Monitoring, Enforcement and Legal proceedings
Part A: Monitoring and Enforcement
65. Powers of entry

 

 

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1)       In order to monitor and enforce compliance with an employment law, a labour inspector may, without warrant or notice, at any reasonable time, enter--

a)       any workplace or any other place where an employer carries on business or keeps employment records, that is not a home;

b)       any premises used for training in terms of the Manpower Training Act, 1981 (Act No. 56 of 1981); or

c)       any private employment office registered under section 15 of the Guidance and Placement Act, 1981 (Act No. 62 of 1981).

 

2)       A labour inspector may enter a home or any place other than a place referred to in subsection (1) only--

a)       with the consent of the owner or occupier; or

b)       if authorised to do so in writing in terms of subsection (3).

 

3)       The Labour Court may issue an authorisation contemplated in subsection (2) only on written application by a labour inspector who states under oath or affirmation the reasons for the need to enter a place in order to monitor or enforce compliance with any employment law.

 

4)       If it is practical to do so, the employer and a trade union representative must be notified that the labour inspector is present at a workplace and of the reason for the inspection.