DEPARTMENT OF LABOUR CAPE TOWN, JOHANNESBURG, DURBAN AND MORE | HOW TO DEAL WITH A DEPARTMENT OF LABOUR INSPECTION

Prepared by: Marilize Louwies (Director MMS)   It is not uncommon for businesses to receive notices from the Department of Labour Cape Town or elsewhere in South Africa, for an inspection at the business premises. It is also not uncommon for the inspection notice not to reveal what will be inspected and normally there is not much time afforded to prepare for these inspections. What can you expect from such an inspection? What will the Department representative inspect? What do they expect from the business owner? Here is some useful information on what this inspection is all about with useful tips to enable you to be prepared for this type of inspection.

The notice will read:

NOTICE OF VISIT BY INSPECTION AND ENFORCEMENT SERVICES INSPECTORS

The date the notice is issued and the date the Department of Labour Cape Town, Johannesburg, Durban or other issuing office will visit, does not give you a lot of time to gather all your information. Make sure you do not leave this for the last moment as the Department require copies of all the documents listed below for the last two months. (Make sure your copies are ready when they come.)

Checklist for your inspection:

• Employer to keep a copy of the Act or Sector Determination where applicableThe act must be available to all employees where they can see and read it at any time.

• Attendance RegisterA printout of the clocking history if you use a time and attendance system or actual roster/timesheet signed in and out for the day (including tea time and lunch time)

• Singed employer contracts, Letter of appointment of an employee (less than 27hrs, 40 hrs and 45hrs)If you have different levels/categories of employees they require examples of all the different types of contracts.

• Information about remuneration (Payslips; envelopes), overtime and leave pay for last two months.The last two months payslips are required

• Unemployment Insurance Reference Number, as well as proof of last payments.PAYE Statement of account for the current tax year would suffice, if payment was done via E–Filing.  If you use U-Filing you would need to print the proof of payment and submission for the last two or three months.
• Compensation of Occupational Injuries and Diseases Act (COIDA) registration number as well as proof of last payments.LOGS – Letter of Good Standing for last two years would suffice.
• A company letterhead or copy of the CIPRO Certificates.CIPRO – CoR 14.3; CK1/2; CM1 + CM29
• A list containing the names and ID Numbers of all employees. The employees’ list must reflect all the information for the local and foreign employees with id and passport numbers.  (PS. They also require copies of the work permits for foreign employees.)

They also require you to complete a company profile, Refer to Annexure A.

Annexure A: