How labour inspectors deal with non-compliers: What a compliance order should include
Every employer should know that if a labour inspector doesn't believe you're complying with the law, he'll try get to you to comply with the BCEA in writing. This means that he'll ask you to confirm in writing that you'll fix what it is you're not complying with, and within what time frame.
Moreover, he'll try do this by meeting with you or your representatives, or through serving a document in the prescribed form. This document is called a compliance order.
Here's what you should know about this vital piece of paper.
Everything you need to know about compliance orders
In case the inspector doesn't think you're complying, he'll issue you a compliance order (Form EEA6).
Generally, he'll issue a compliance order if you refuse to give a written undertaking. Or if you fail to comply with one.
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Here's what a compliance order must include:
- The name of the employer and the location of every workplace to which the compliance order applies.
- A description of the employment laws which you've breached, and the conduct which gave rise to the breach.
- Details of any amount you have to pay to an employee as compensation.
- Confirmation of any written undertaking you made and your failure to comply with the written undertaking.
- Any steps you must take to comply with the BCEA. It must also have the period within which you must take the steps.
- The maximum fine if you fail to comply.
Note that a labour inspector must give you, and all employees affected by it, a copy of the compliance order. This is a document you also have to display it prominently. This must be in a place where all affected employees can see it, and at each workplace named in it.
Important! You can object to a compliance order within 21 days by making a written representation to the Director-General using the EEA7 form. After looking at your objections, he can then confirm, change or set aside the compliance order.
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