A joint mega blitz inspection in the Joe Gqabi District led by the Provincial Chief Inspector, Patiswa Mbongwana saw 78 workplaces in the Wholesale and Retail, Miscellaneous including salons and funeral parlours, EPWP and Hospitality sectors inspected from the 01 to 04 March 2022 focusing on Maletswai, Sterkspruit, Ventersdorp, Jamestown, Burgersdorp, Lady Grey and Barkley East and surroundings.
The Department of Employment and Labour's collaboration with the Department of Home Affairs and South African Police Services resulted in 43 compliance orders being issued due to contraventions of the National Minimum Wage Act and Basic Conditions of Employment Act. The areas of non-compliance range from underpayment of wages, non-payment of overtime and Sundays, non-provision of payslips, attendance registers and contracts of employment. The underpayment total is R342 000 and these employers are given 14 days to comply failing which the employers will be referred for prosecution.
45 undocumented immigrants who are Lesotho, Pakistan, Mozambique, Ethiopia, Malawi nationals were arrested and detained while 20 appeared in the Maletswai Magistrate's court on 02 March 2022.
The Inspectors' role is to educate employers and employees on labour legislation whilst enforcing compliance with the National Minimum Wage Act (NMWA); Basic Conditions of Employment Act (BCEA) Unemployment Insurance Act (UIA) and Compensation for Occupational Injuries and Diseases Act (COIDA) during inspections. The Department of Home Affairs (DHA) and the South African Police Services (SAPS) were part of the joint operation to scrutinise the legality of Foreign Nationals employed in different sectors and the validity of their permits. Department of Home Affairs has a responsibility to enforce the Immigration Act.
“Joint Blitz Inspections are a mechanism to ensure that employers with labour laws and employees' rights are not infringed. These should not be taken as punitive but rather as measures to ensure decent work is upheld”; said Nomfundo Douw-Jack.
The Department of Employment and Labour issues a confirmatory notice as soon as the compliance order expires after 14 days to all non–compliant employers.
Distributed by APO Group on behalf of Department of Employment and Labour: Republic of South Africa.
