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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part A : Monitoring and Enforcement

65. Powers of entry


(1) In order to monitor and enforce compliance with an employment law, a labour inspector may, without warrant or notice, at any reasonable time, enter—
(a) any workplace or any other place where an employer carries on business or keeps employment records, that is not a home;
(b) [Section 65(1)(b) deleted by section 11(a) of Notice No. 1302, GG 342059, dated 27 November 2018]; or
(c) any place at which any person provides or purports to provide any employment services as defined in terms of the Employment Services Act, 2014 (Act No. 4 of 2014].

[Section 65(1)(c) deleted by section 11(b) of Notice No. 1302, GG 342059, dated 27 November 2018]


(2) A labour inspector may enter a home or any place other than a place referred to in subsection (1) only—
(a) with the consent of the owner or occupier; or
(b) if authorised to do so in writing in terms of subsection (3).


(3) The Labour Court may issue an authorisation contemplated in subsection (2) only on written application by a labour inspector who states under oath or affirmation the reasons for the need to enter a place in order to monitor or enforce compliance with any employment law.


(4) If it is practical to do so, the employer and a trade union representative must be notified that the labour inspector is present at a workplace and of the reason for the inspection.