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To maximise workplace compliance, the Department of Employment and Labour's Inspection and Enforcement Services (IES) unit, has made it its mission to strengthen advocacy and education to employers about labour legislation and its regulations. 

Basic Conditions of Employment Act (BCEA) Inspector in Limpopo Province, Joel Themeli, said the inspectorate is not in the business of punishing employers or closing down businesses, but to ensure that employers understand the law and apply it consistently to ensure compliance.

Themeli was speaking at a webinar hosted by Polokwane Tourism Association. The webinar was attended by employers in the hospitality sector, travel, and tourism in Limpopo province. Its purpose was to educate employers about labour legislative compliance.

According to Themeli, all employers are obligated by the Unemployment Insurance Act, (Act no.30 of 2001) and Unemployment Insurance Contributions Act, to register with the UIF, declare employees monthly, and make payment contributions to the Fund before the 7th of each month. The employer and employee will be contributing one percent each totalling two percent that goes to the Fund.

To compensate employees for occupational injuries and diseases, employers have an obligation to register with the Compensation Fund (CF) within seven days of operating, submit the return of earnings, pay assessments, and register incidents.

Themeli said to prevent or eliminate workplace incidents/injuries, employers are obligated by the Occupational Health and Safety Act to ensure a healthy and safe working environment and conduct a risk assessment of the workplace.

He encouraged employers who are struggling with the structuring of BCEA especially the drafting of contracts to approach the departments inspectors who can assist free of charge.

Themeli encouraged employers who are still not complying with labour legislation to pull up their socks to avoid sanctions and penalties which can also result in imprisonment.

He also encouraged employers who cannot afford to pay the National Minimum Wage (NMW) to apply for exemption through the NMW exemption system accessible from www.labour.gov.za or at https://nmw.labour.gov.za. 

He articulated that the exemption is not set in stone, as the delegated authority must be convinced that an employer is unable to afford the National Minimum Wage (NMW). Furthermore, it is imperative that every representative trade union representing the affected workers, or the workers themselves, have been consulted in a meaningful manner.

He further clarified that an exemption can only be granted from the date of application and cannot extend beyond 12 months. The exemption certificate will stipulate the wage that the employer is obliged to pay, which cannot be less than the wage threshold, set at 90% of the specified NMW.

“We encourage employers to do the right from the beginning. Employers found wanting for non-compliance with BCEA and NMW will be issued with a compliance order, a fine, and double the total amount owed on NMW," said Themeli.

For media inquiries, kindly contact:

Mapula Tloubatla

Provincial Communications Officer: Limpopo

060 989 7509/ mapula.tloubatla@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour

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