| (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. |
Basic Conditions of Employment Act, 1997
