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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter V : Monitoring, Enforcement and Legal Proceedings

Part A : Enforcement

37. Compliance order

 

(1) A labour inspector may issue a compliance order to a designated employer if that employer has failed to comply with section 16, 17, 19, 22, 24, 25 or 26 of this Act.

[Subsection (1) amended by section 14(a) of Act No. 47 of 2013]

 

(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 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]