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Employment Equity Act, 1998 (Act No. 55 of 1998)Chapter V : Monitoring, Enforcement and Legal ProceedingsPart A : Enforcement37. Compliance order |
| (1) | A labour inspector may serve a compliance order on a designated employer in the prescribed manner if that employer has failed to comply with section 16, 17, 19, 22, 24, 25 or 26 of this Act. |
[Section 37(1) substituted by section 10(a) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
| (2) | A compliance order contemplated in subsection (1) must be issued by a labour inspector and must set out— |
[Words preceding Section 37(2)(a) substituted by section 10(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
| (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 copy of the compliance order must be served on the employer named in it. |
[Subsection (3) amended by section 14(b) of Act No. 47 of 2013]
| (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. |
[Subsection (5) amended by section 14(c) of Act No. 47 of 2013]
| (6) | If a designated employer does not comply with an order within the period stated in it, the Director-General may apply to the Labour Court to make the compliance order an order of the Labour Court. |
[Subsection (6) amended by section 14(c) of Act No. 47 of 2013]
