Amended Basic Conditions of Employment Act
68. Securing an undertaking
as amended by the
Basic Conditions of Employment Amendment Act, 2002, Contract Cleaning Wage increase, and Domestic workers wage increase 1 Dec 2007
Chapter 10 : Monitoring, enforcement and legal proceedings
Part 1 : Monitoring and enforcement
68. Securing an undertaking
(1) A labour inspector who has reasonable grounds to believe that an employer has not complied with any provision of this Act must endeavour to secure a written undertaking by the employer to comply with the provision.
(1A) A labour inspector may endeavour to secure a written undertaking by the employer to comply with subsection (1) either by—
(a) meeting with the employer or a representative of the employer; or
(b) serving a document, in the prescribed form, on the employer.
(2) In endeavouring to secure the undertaking, the labour inspector—
(a) may seek to obtain agreement between the employer and employee as to any amount owed to the employee in terms of this Act;
(b) may arrange for payment to an employee of any amount paid as a result of an undertaking;
(c) may, at the written request of an employee, receive payment on behalf of the employee; and
(d) must provide a receipt for any payment received in terms of paragraph (c).
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