(Section 33)
| (1) |
A designated agent may, without warrant or notice at any reasonable time, enter any workplace or any other place where an employer carries on business or keeps employment records, that is not a home, in order to monitor or enforce compliance with a collective agreement concluded in the bargaining council. |
| (2) |
A designated agent may only enter a home or any place other than a place referred to in subitem (1)— |
| (a) |
with the consent of the owner or occupier; or |
| (b) |
if authorised to do so by the Labour Court in terms of subitem (3); |
| (3) |
The Labour Court may issue an authorisation contemplated in subitem (2)(b) only on written application by a designated agent who states under oath or affirmation the reasons for the need to enter a place, in order to monitor or enforce compliance with a collective agreement concluded in the bargaining council. |
| (4) |
If it is practicable to do so, the employer and a trade union representative must be notified that the designated agent is present at a workplace and of the reason for the designated agent"s presence. |
| (5) |
In order to monitor or enforce compliance with a collective agreement a designated agent may— |
| (a) |
require a person to disclose information, either orally or in writing, and either alone or in the presence of witnesses, on a matter to which a collective agreement relates, and require that disclosure to be under oath or affirmation; |
| (b) |
inspect and question a person about any record or document to which a collective agreement relates; |
| (c) |
copy any record or document referred to in paragraph (b) or remove these to make copies or extracts; |
| (d) |
require a person to produce or deliver to a place specified by the designated agent any record or document referred to in paragraph (b) for inspection; |
| (e) |
inspect, question a person about, and if necessary remove, an article, substance or machinery present at a place referred to in subitems (1) and (2); |
| (f) |
question a person about any work performed; and |
| (g) |
perform any other prescribed function necessary for monitoring or enforcing compliance with a collective agreement. |
| (6) |
A designated agent may be accompanied by an interpreter and any other person reasonably required to assist in conducting an inspection. |
| (7) |
A designated agent must— |
| (a) |
produce on request a copy of the authorisation referred to in subitem (3); |
| (b) |
provide a receipt for any record or document removed in terms of subitem (5)(e); and |
| (c) |
return any removed record, document or item within a reasonable time. |
| (8) |
Any person who is questioned by a designated agent in terms of subitem (5) must answer all questions lawfully put to that person truthfully and to the best of that person"s ability. |
| (9) |
An answer by any person to a question by a designated agent in terms of this item may not be used against that person in any criminal proceedings, except proceedings in respect of a charge of perjury or making a false statement. |
| (10) |
Every employer and each employee must provide any facility and assistance at a workplace that is reasonably required by a designated agent to effectively perform the designated agent"s functions. |
| (11) |
The bargaining council may apply to the Labour Court for an appropriate order against any person who— |
| (a) |
refuses or fails to answer all questions lawfully put to that person truthfully and to the best of that person"s ability; |
| (b) |
refuses or fails to comply with any requirement of the designated agent in terms of this item; or |
| (c) |
hinders the designated agent in the performance of the agent"s functions in terms of this item. |
| (12) |
For the purposes of this Schedule, a collective agreement is deemed to include any basic condition of employment which constitutes a term of a contract of employment in terms of section 49(1) of the Basic Conditions of Employment Act. |
[Schedule 10 substituted by section 57 of Act No. 12 of 2002]
South African Institute for Drug Free Sport Act, 1997
