Chapter 10 : Monitoring, enforcement and legal proceedings

Part 1 : Monitoring and enforcement

65. Powers of entry

(1)           In order to monitor and enforce compliance with an employment law, a labour inspector may, without warrant or notice, at any reasonable time, enter—

(a)          any workplace or any other place where an employer carries on business or keeps employment records, that is not a home;

(b)          any premises used for training in terms of the Manpower Training Act, 1981 (Act No. 56 of 1981); or

(c)           any private employment office registered under section 15 of the Guidance and Placement Act, 1981 (Act No. 62 of 1981).

(2)           A labour inspector may enter a home or any place other than a place referred to in subsection (1) only—

(a)          with the consent of the owner or occupier; or

(b)          if authorised to do so in writing in terms of subsection (3).

(3)           The Labour Court may issue an authorisation contemplated in subsection (2) only on written application by a labour inspector who states under oath or affirmation the reasons for the need to enter a place in order to monitor or enforce compliance with any employment law.

(4)           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.