Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Purchase

(1)	A labour inspector who has reasonable grounds to believe that an employer has not complied with a provision of this Act, the National Minimum Wage Act, 2018, the Unemployment Insurance Act or the Unemployment Insurance Contributions Act may issue a compliance order.

[Section 69(1) substituted by section 13(a) of Notice No. 1302, GG 42059, dated 27 November 2018]

(2)	A compliance order must set out—

(a)	the name of the employer, and the location of every workplace, to which it applies;

(b)	the provision of this Act and any other Act referred to in subsection (1) that the employer has not complied with, and details of the conduct constituting non-compliance;

[Section 69(2)(b) substituted by section 13(b) of Notice No. 1302, GG 42059, dated 27 November 2018]

(c)	any amount that the employer is required to pay to an employee, or in the case of a failure to pay the national minimum wage, the amount that the employer is required to pay an employee in terms of section 76A;

[Section 69(2)(c) substituted by section 13(b) of Notice No. 1302, GG 42059, dated 27 November 2018]

(d)	[Section 69(2)(d) deleted by section 10(a) of Act No. 20 of 2013];

(e)	any steps that the employer is required to take including, if necessary, the cessation of the contravention in question and the period within which those steps must be taken; and

(f)	the maximum fine that may be imposed upon the employer in accordance with Schedule Two for a failure to comply with a provision of this Act.

(2A)	[Section 69(2A) deleted by section 13(c) of Notice No. 1302, GG 42059, dated 27 November 2018]

(3)

(a)	A copy of the compliance order must be served on the employer named in it, and on each employee affected by it or, if this is impractical, on a representative of the employees.

[Section 69(3)(a) substituted by section 10(c) of Act No. 20 of 2013]

(b)	The failure to serve a copy of a compliance order on any employee or any representative of employees in terms of paragraph (a) does not invalidate the order.

(4)	The employer must display a copy of the compliance order prominently at a place accessible to the affected employees at each workplace named in it.

(5)	An employer must comply with the compliance order within the time period stated in the order, unless the employer refers a dispute concerning the compliance order to the CCMA within that period.

[Section 69(5) substituted by section 13(d) of Notice No. 1302, GG 42059, dated 27 November 2018]

(6)	A dispute referred to the CCMA by the employer in terms of subsection (5) must be dealt with in terms of section 73.

[Section 69(6) inserted by section 13(e) of Notice No. 1302, GG 42059, dated 27 November 2018]