Almost half of inspected businesses non-compliant, says Labour department

Only 51% of businesses inspected during a recent blitz by the Department of Employment (DEL) are labour-compliant.

The DEL, together with Home Affairs, the Bargaining Council of the Hospitality Sector and police units carried out raids of business premises between 17 and 20 September.

The spot inspections were focused on the hospitality industries of all nine provinces, with inspectors reaching 2,681 businesses in four days.

Gauteng has highest rate of compliance

Minister of Employment and Labour Nomakhosazana Meth on Tuesday gave a breakdown on the level of compliance within the industry.

While Gauteng faced 764 inspections, the province recorded the lowest compliance rate at 28%.

Limpopo had the highest rate of compliance, with 78% of the 106 establishments checking all the boxes.

The Western Cape saw the most raids completed, with 809, and also registered the highest number of foreign employees, with 1,088 counted by officials. The province had a compliance rate of 57%

Across the country, Home Affairs inspectors counted 1,941 foreign national employees, with 81 of those being arrested.

Compliance with six acts

As well as the Basic Conditions of Employment Act, Occupational Health and Safety Act and the Unemployment Insurance Act, three other acts are used to govern labour practices in the country.

Employers must still consider the National Minimum Wage Act, Immigration Act and Compensation of Occupational Injuries and Diseases Act.

Minister Meth listed 32 common non-compliance issues that employers fell foul of the most.

Most common among the errors were seemingly innocuous, such as not having a first aid box available in the workplace, not having a designated dining or eating area and poor housekeeping.

Health and safety

Another common oversight was “ergonomic risk assessment”. Ergonomic risks are task-related activities, both physical and cognitive, that could be an injury or strain to human well-being.

Depending on the nature of the infringement, employers were either issued improvement, contravention or prohibition notices, giving a set number of days to rectify the issues or face prosecution.

As well as the notices, authorities issued R10.3 million worth of fines, labelled “monetary corrections” by the minister.

“Compliance is a collective responsibility that benefits us all.

“We extend an open invitation to all employers, especially those who may be uncertain about their compliance status, to proactively engage with the DEL,” concluded Meth.