The Department of Employment and Labour is aware of several incidents in Gauteng, particularly in the Merafong area, where people are impersonating Labour Inspectors and CCMA officials and swindling money from unsuspecting employers. Deceptive individuals posing as labour inspectors are visiting Carletonville and Fochville workplaces to conduct illegal inspections and then issuing inspection reports and Contravention notices to employers.
Forcing employers to pay an R500 fine or face the consequences. The Department emphasizes that none of the services provided by its inspectors requires payment to them or their bank accounts. There are procedures that must be followed after labour inspectors discover noncompliance with labour laws, and an immediate spot fine is not one of them.
After labour inspectors discover noncompliance with labour laws, the procedure that must be followed includes a different approach to different situations and legislation.
In accordance with the Basic Conditions of Employment Act (BCEA) – Non-Compliance, the labour Inspector issues a compliance order requiring the employer to comply within 14 days. Section 69 of the Basic Conditions of Employment Act (BCEA). If the employer fails to comply within 14 days, the Inspector will issue a confirmatory notice informing him/her that s/he failed to comply with the requirement of the compliance order and the matter will be referred to statutory services for enforcement.
There is a significant difference between the Employment Equity (EE) Act and the Occupational Health and Safety (OHS) Act. Should there be a Noncompliance with the Employment Equity Act (EEA), the inspector will issue a confirmatory notice and refer the matter to statutory service depending on the section violated, for example, section 20 is a direct referral to labour court for prosecution. Other sections are also referred to the labour court, but not for direct prosecution.
If the regulations of the Occupational Health and Safety (OHS) Act are not followed, the inspector will issue a contravention notice, giving the employer 60 days to comply; failure to comply with the Contravention notice after 60 days – The inspector will issue a confirmatory notice informing the employer that the matter has been referred for prosecution.
Also, if the Non-Compliance poses a life-threatening situation, the inspector will immediately issue a prohibition notice. A prohibition notice prohibits the person to use what is prohibited. Failure to comply results in immediate prosecution. At times the situation will require the inspector to issue an Improvement Notice.
The Department would like to reiterate that an immediate spot fine is not one of the procedures that must be followed after labour inspectors discover noncompliance with labour laws.
To avoid becoming a victim of a con artist posing as a labour inspector, the department advises you to remember the following: Genuine Inspectors are easily identified by their Inspector identification card, which bears the Departmental Logo and trademark uniforms. These are created prior to the inspection. Never deposit money into the bank account of anyone, even if they are a legitimate labour official. Do not agree to do favours for the person inspecting in exchange for a more favourable inspection result.
The Department would like to state unequivocally that all of its services are provided at no cost; we do not sell any labour publications, charts, pamphlets, or posters. The Department has no agreements or partnerships with any recruitment agencies, nor has it authorised any organisation to charge a fee for services provided by the Department.
Employers are advised not to pay for services provided by con artists posing as Labour Inspectors or CCMA officials. Employers must be extra cautious and report any suspicious visits or requests to SAPS or the Department’s nearby offices. If employers are unsure about the inspector visiting their premises, they can check the credentials with the Department’s office nearest to them.
Employment and labour inspectors conduct continuous workplace inspections across the country to ensure labour law compliance, and these criminal activities may be detrimental to their work. The Department has made a commitment to serve the public and will do so to the best of its abilities.
The Department endeavours to reflect in all its services to the public the values of; treating all clients with care, dignity and respect, respect and promoting client-centred services, accountability, integrity and ethical behaviour, learning and development, living the Batho Pele Principles, living the principles of the Department’s Service Charter and inculcate these values through the performance management system.
For enquiries, kindly contact:
Provincial Communications Officer: Gauteng
082 908 1828/ email@example.com
Acting Chief Director: Communications
066 301 4645/ firstname.lastname@example.org
Issued by: Department of Employment and Labour on 02 February 2022