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The Department of Employment and Labour is concerned about the impersonation of inspectors by imposters. These imposters pose as inspectors.

The department has noted with concern that for some time, civic movements and pressure groups such as LACO (Labour and Civic Organisation), Labour Laws Enforcement Organisation, and others have become self-appointed labour inspectors. The department condemns this vigilante conduct.

These pressure movements have been targeting businesses across many parts of South Africa. The modus operandi of these groups is characterised by claims that they are conducting inspections to enforce labour laws, investigate employment practices, check on workforce representations. They also make demands that there should be employment of locals over foreign nationals.

In summary, these bogus inspectors present themselves to workplaces claiming that they are enforcing labour laws such as Labour Relations Act (LRA), Basic Conditions of Employment Act (BCEA), National Minimum Wage, Employment Services Act, Unemployment Insurance Acts, the Compensation for Occupation and Injuries and Diseases Act, and the Occupational Health and Safety Act.

To this end, the department will not hesitate to act and pursue legal action.

The appointment of labour inspectors is a statutory mandate of government. In terms of the BCEA S63, Labour Inspectors are legally mandated to be appointed by Employment and Labour Minister. They should be in possession of a signed certificate and an inspector's card. The appointment provides for the labour inspector to monitor and enforce labour laws.

The functions of labour inspectors include:

• advising employees and employers of their rights and obligations in terms of an employment law;
• conducting inspections;
• investigating complaints made to a labour inspector;
• endeavouring to secure compliance with an employment law by securing undertakings or issuing compliance orders

In addition, labour inspectors are by law, empowered with powers of entry - which means that in order to monitor and enforce compliance with an employment law, a labour inspector may, without a notice, at any reasonable time, enter any workplace or any other place where an employer conducts a business or keeps employment records.

The laws further expect employers and employees to cooperate with the labour inspectors by making workplaces accessible as required by a labour inspector to perform their functions effectively.

The Department of Employment and Labour through Inspection and Enforcement Services (IES) branch is the only mandated institution to enforce labour market legislation.

Employers have a right to demand proof of appointment as a Labour Inspector before allowing any person/person's access to their workplaces and employees.

 For media inquiries, please contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ teboho.thejane@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour

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