Chapter V Monitoring, Enforcement and Legal Proceedings
Part A Enforcement
37. Compliance order

 

 

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1)       A labour inspector may issue a compliance order to a designated employer if that employer has-

a)       refused to give a written undertaking in terms of section 36, when requested to do so; or

b)       failed to comply with a written undertaking given in terms of section 36.

 

2)       A compliance order issued in terms of subsection (1) must set out-

a)       the name of the employer, and the workplaces to which the order applies;

b)       those provisions of Chapter III of this Act which the employer has not complied with and details of the conduct constituting non-compliance;

c)       any written undertaking given by the employer in terms of section 36 and any failure by the employer to comply with the written undertaking;

d)       any steps that the employer must take and the period within which those steps

e)       must be taken;

f)        the maximum fine, if any, that may be imposed on the employer in terms of Schedule 1 for failing to comply with the order; and

g)       any other prescribed information.

 

3)       A labour inspector who issues a compliance order must serve a copy of that order on the employer named in it.

 

4)       A designated employer who receives a compliance order served in terms of subsection (3) must display a copy of that order prominently at a place accessible to the affected employees at each workplace named in it.

 

5)       A designated employer must comply with the compliance order within the time period stated in it, unless the employer objects to that order in terms of section 39.

 

6)       If a designated employer does not comply with an order within the period stated in it, or does not object to that order in terms of section 39, the Director-General may apply to the Labour Court to make the compliance order an order of the Labour Court.