Apply these five measures when preparing for a DoL inspection
To avoid the possible fines and avoid any other risks during a Department of Labour (DoL) inspection, apply the following five rules and stick to them.
Use these measures to help you prepare for a DoL inspection
Measure #1: Make sure you display a statement of employee rights
You have to display employee's rights in terms of the BCEA
(Section 30 of the BCEA). Put your wall chart where all employees can see it. Ensure it's in the official languages spoken in your workplace. If the inspector's there to look at the premises for BCEA issues, he'll probably also look for the Employment Equity Act summary.
Measure #2: Make sure you have an attendance register
You must keep a record of each employee either electronically or on file. Keep this for three years from the date of the last entry in the record (Section 31 of the BCEA).
Measure #3: Give employees details of their employment in writing
You must give written details of employment to an employee as soon as they start working for you (Section 29 of the BCEA). Include this as part of your employment contract. Keep these details for three years after termination of the employee's employment. Make sure you have this information on hand in case the DoL inspector requests it.
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Don't let the new Employment Equity amendments be the reason the DoL comes after you
There are still many employers who don't know exactly what the new 26 amendments are or even how to apply them.
If you employ more than 50 people or if your turnover is over the Employment Equity Act threshold for your industry, you need to comply with each and every one of them.
Click here to find out what you need to do to comply and avoid penalties from the DoL
Measure #4: Keep information about remuneration
You must be able to show the DoL that you:
• Pay remuneration in rands either daily, weekly, fortnightly, or monthly;
• Pay in cash, by cheque or direct deposit into a bank account designated by the employee;
• Ensure payment happens no later than seven days after the end of the period for which remuneration is payable. Such as weekly or monthly, or after termination of employment;
• Make any payments in cash or by cheque at the workplace, or a place you both agree on.
Do this during the employee's working hours or within 15 minutes before the start or 15 minutes after the end of their working day; and
• Make the payment in a sealed envelope if it's cash or a cheque. It then becomes the property of the employee. You also have to give the employee certain information in writing on each payday. This is normally a payslip.
Measure #5: Comply with legislation You need to make sure you comply with all labour laws. These include:
Unemployment Insurance Act
You have to give the Unemployment Insurance Commissioner the following information about your employees. It doesn't matter how much they earn or what position they're in.
Compensation of Occupational Injuries and Diseases Act (COID Act): If you're a business in South Africa, you have to register with the Commissioner. You'll have to give details of your business and any other information the Commissioner may ask for (Section 80 of the COIDA).
Employment Equity Act (EEA):
If you're a designated employer, you have to implement affirmative action measures for black people, women and people with disabilities to comply with the EEA. Make sure you're displaying the latest wall chart in your company! Go here to order yours today
There's no reason to don't follow these and just wait for a DoL inspector to pay you and unexpected visit!