Acts Online
GT Shield

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


BCEA Regulations on Hazardous Work by Children

10. Investigation and prosecution of alleged offences concerning worst forms of child labour


(1) A labour inspector, who receives a complaint that any person has required or permitted a child to perform a worst form of child labour, or who in the performance of their duties observes any circumstances that may constitute work by a child in a worst form of labour must—
(a) investigate the alleged offence forthwith; or
(b) if the labour inspector is not authorised to investigate the contravention, refer it to a labour inspector who is so authorised.


(2) A labour inspector who investigates an allegation that a person has required or permitted a child to perform a worst form of child labour must—
(a) conduct the investigation thoroughly and expeditiously;
(b) prepare a written report that must be filed with the Director-General.


(3) The report prepared in terms of subregulation (2) must contain a recommendation as to whether or not—
(a) the alleged offence constitutes a worst form of child labour;
(b) a prosecution should be initiated in terms of this regulation or any other regulation or law.


(4) The Director-General must forward a copy of the report to the relevant prosecuting authority unless the investigation establishes no evidence of any offence.


(5) For the purposes of these regulations, a labour inspector includes any public servant or any designated agent of a bargaining council who has been designated by the Minister in terms of section 63(1)(b) of the Basic Conditions of Employment Act for the purpose of enforcing this regulation.