Inspection blitz nabs non-compliant employers

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Nine undocumented foreign nationals were also arrested during a joint blitz inspection by the department and other law enforcement agencies.

The three-day blitz inspection that started in Rustenburg on Monday was led by the Inspection and Enforcement Services unit of the Department of Employment and Labour in the North West in partnership with the Department of Home Affairs, the Liquor Board and the South African Police Services (SAPS).

“The first blitz inspection has led to 18 contravention notices, three prohibition notices, three improvement notices, and 31 compliance orders being issued to non-complying employers and to the arrest of nine undocumented foreign national workers,” the department said in a statement.

The inspections are part of an ongoing national programme by the department with the aim to gather all relevant law-enforcing government institutions to conduct inspections around major towns and cities in the country.

Its main purpose is to test the level of compliance in terms of the labour laws such as the Occupational Health and Safety Act (OHS), Compensation of Occupational Injuries and Diseases (Coida), Basic Conditions of Employment Act (BCEA), Unemployment Insurance Act (UIA), Unemployment Insurance Contribution Act (UICA) and the Employment Act.

It also focuses on other consumer-related legislations in the wholesale and retail sector and the employment of undocumented foreign nationals.

North West businesses slapped with non-compliance notices

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According to the provincial chief inspector for the North West Province, Chris Sithole, the blitz inspections are unannounced visits.

“We (were) in the Bojanala District on an unannounced visit, and... on day one we managed to issue so many notices and orders to non-complying employers ... we are not here to intimidate anyone; we are here to ensure that labour laws are upheld as it is our mandate to ensure that the country’s workforce is protected,” Sithole said.

The department said the undocumented foreign nationals who are working without the relevant work permits will be handled by the Department of Home Affairs and the SAPS.

“The employer will also be charged accordingly for contravening the Employment Services Act of the Department of Employment and Labour, which demands an employer to make sure that a person employed in South Africa from a foreign country should have the relevant work permit and a certain skill that is not found in the country,” the department said.