1. FUNCTIONS OF THE INSPECTIONS & ENFORCEMENT SERVICES BRANCH
GUGULETU ADVOCACY SESSION

2. DOL OFFICES IN THE WESTERN CAPE
The WC Department of Labour has 12 Labour Centres located at major business areas viz.
1. Bellville Beaufort West
3. Cape Town George
5. Knysna Mitchel’s Plain
7. Mossel Bay Oudtshoorn
9. Paarl Somerset West
11.Vredenburg Worcester
The Provincial Office is located at 9 Long Street, Cape Town

3. WHO ARE WE? INSPECTIONS & ENFORCEMENT SERVICES
ACTINGCHIEF DIRECTOR
PROVINCE OPERATIONS
( MR M. NTAMO)
PROVINCIAL CHIEF INSPECTOR
(MR D. ESAU)
EMPLOYER AUDIT SPECIALIST
(VACANT)
OHS SPECIALIST
( MS F. NGALO
EMPLOYMENT STANDARDS
(MS Z. NTSHOZA
STATUTORY SERVICES
(MR J. JACOBS)
EE PRINCIPAL INSPECTOR
2X BCEA PRINCIPAL INSPECTORS
Chief Directorate Communication |

4. OBJECTIVES OF THE IES BRANCH
To promote good labour practices including sound labour relations, improved conditions at work and minimum wages, fair labour practices and a healthy and safe working environment. We are enforcing the law to achieve these objectives.
To provide information on our labour laws: The Department is the initiator and guardian of our labour laws. It has the responsibility to inform clients about the laws and where appropriate to educate them. However, the Department does not act as a legal advisor.
To ensure compliance with our labour laws: We will be both reactive (i.e. when dealing with complaints and accidents) and pro-active (identifying areas of non-compliance and advise on corrective action) to ensure that our laws are complied with.

5. BASIC CONDITIONS OF EMPLOYMENT – JURISDICTION
All employers and employees fall under the jurisdiction of the BCEA as far as conditions of employment are concerned
depending on the sector they are in, they will fall under one of the following:
sectoral determination (min wages) eg. domestic workers, security guards etc or a
bargaining council (min wages) eg, motor industry, iron and steel industry, building industry
those employers not falling under a sectoral determination or a bargaining council will fall under the BCEA (no minimum wages) – Department of Labour
The Department of Labour is responsible for the BCEA and Sectoral Determinations; and
The Bargaining Councils are responsible for those employers falling under their jurisdiction

6. CHAPTER TEN OF THE BCEA
Appointment of Labour Inspectors as per s63 of the BCEA
Subsequent to the appointment of the labour inspector, the Minister must provide each labour inspector with a signed certificate (inspector’s card) in the prescribed form stating:
that the person is a labour inspector
which legislation that the inspector may monitor and enforce; and
which of the functions of the labour inspector may perform.

7. MONITORING & ENFORCEMENT
FUNCTIONS OF LABOUR INSPECTORS
POWERS OF ENTRY
Advise employees and employers of their rights and obligations ito employment law
conduct inspections
investigate complaints made to a labour inspector
endeavor to secure compliance with an employment law by securing undertaking or issuing compliance orders; and
performing any other prescribed function
A labour inspector may, without warrant or notice, at any reasonable time enter-
any workplace or nay other place where an employer carries on business that is not a home
any premises used for skills development ito SDA, 1998; or
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

8. MONITORING & ENFORCEMENT CONTINUES....
POWERS TO QUESTION & INSPECT
CO-OPERATION WITH LABOUR INSPECTORS
A labour inspector may-
require a person to disclose information, either orally or in writing
inspect and question any person about any work performed
be accompanied by an interpreter and any other person reasonably required to assist
A labour inspector must-
produce on request the certificate (inspector’s card)
Any person who is questioned by a labour inspector must answer all relevant questions lawfully
Every employer and each employee must provide any facility and assistance required by the labour inspector to perform their functions effectively

9. MONITORING & ENFORCEMENT CONTINUES...
SECURING AN UNDERTAKING
ISSUING A COMPLIANCE ORDER
A labour inspector who has reasonable grounds to believe that an employer has not complied with any provision of the Act may endeavour to secure a written undertaking
In endeavouring to secure the undertaking, the labour inspector-
may seek to obtain agreement
If an employer fails to comply with the written undertaking given by the employer; the Director-General may apply to the Labour Court for an order directing the employer to comply
A labour inspector who has reasonable grounds to believe that an employer has not complied with a provision of the Act may issue a compliance order
A compliance order may also set out the date-
by which the employer should serve any representation it may wish to make to DOL and the Labour Court
The employer must display a copy of the compliance order at prominent places at each workplace
An employer must comply with the compliance order within the time period stated in the order

10. TYPES OF INSPECTIONS RE-ACTIVE INSPECTIONS PRO-ACTIVE INSPECTIONS
This inspection, or investigation, is executed in response to a complaint, or incident, that is lodged with, or reported, to the Department telephonically, by post or through the channel of Client Services section. Where appropriate, an inspector conducts an investigation he should not only restrict himself to the compliant or incident but also do a full inspection as per the IES 6 checklist.
Depending on the outcome of the first inspection, a follow up inspection may be required. This could include establishing whether a Written Undertaking has been complied with.
This is an inspection initiated as part of a nationally coordinated plan to ensure that we monitor compliance, particularly at work- places that have a high risk factor.
The national inspection plan makes provision for two kinds of pro-active inspections:
Those that are part of blitz activities; and
Those that are planned by the team leader as part of a labour centre’s role in meeting targets set in the national inspection plan.
Follow-up inspections may also be required arising out of a pro-active inspection

11. SECTORAL DETERMINATIONS
Sectoral Determinations with minimum wages in South Africa
Contract Cleaning Sector
Learnerships: All sectors[SETA’S]
Private Security Sector[new]
Domestic Worker Sector
Wholesale and Retail Sector
Children in the Performance of Advertising, Artistic & Cultural Activities
Taxi Sector
Forestry Sector
Farm Workers Sector[new]

12. Contract Cleaning Sector
MINIMUM WAGES
SD NUMBER
TRADE OR INDUSTRY
AMOUNT OF WORKERS IN SECTOR
WAGE PER HOUR 1
Contract Cleaning Sector
R18.01 p/h 6
Private Security
R3482-R4571 p/m 7
Domestic Workers
R11.44 p/h 9
Wholesale & Retail
R18.77 p/h 11
Taxi
R14.54 p/h 13
Farm Workers
R14.25 p/h 14
Hospitality
R14.15 p/h

13. EMPLOYMENT EQUITY ACT Framework Core of the Act
Eliminate discrimination;
Section 5: places duty on employer to achieve equal opportunity by eliminating discrimination; and
Beneficiaries: persons from and who experienced both past and present disadvantages
Promote equity in the workplace:
Positive measures to deal with disadvantages of the past and present
Section 6(1): listed grounds constitute unfair discrimination
Core of the Act
Affirmative Action
A system or measures designed to ensure that suitably qualified people from the designated groups have equal employment opportunities and are equitably represented in all occupational levels in a workplace

14. DEFINING ROLES ROLE CLARIFICATION MANDATE FUNCTION/ROLE
The Accounting Officer
(CEO)
To act as a representative body for the (employer) in consultation with employees (NEF) on all employment equity matters.
To consult and account as an employer as per section 5 and 13, and the provisions of the EEA as a whole
The HRM
To act as a catalyst and process management in the implementation, internally.
To facilitate and manage implementation processes of the employment equity plan, processes management and other related measures
The EE Consultative Forum
To represent all employees on employment equity matters whilst being consulted by the employer (EXCO);
To be consulted as per sec. 13 (Sec. 16, 19, 20 & 21);

15. EMPLOYMENT EQUITY ACT
A labour inspector may conduct an inspection and request the following documents from a designated employer to check level of compliance:
proof of consultation as required by s16 read with s17
proof of audit and analysis as required by s19
proof of employment equity plan as required by s20
proof of published report as required by s22
proof of assigning of senior EE managers as required by s24
proof of informing employees as required by s25
designated employer must display on prominent places that are accessible to all employees - summary of the EE Act
- the latest EEA 2 report submitted to the Director-General
- any compliance order served; and
- any other document concerning this Act
f) proof of records as required by s 26
Furthermore during the inspection, proof of an employment equity plan must be made available as required by s20

16. Chief Directorate Communication | 2013.00.00
Thank You…