Taking Proactive Steps When Receiving A Compliance Order

Whether an Employer operates within the scope of the Basic Conditions of Employment Act (BCEA) or is regulated by a Bargaining Council and its consequent Collective Agreement, compliance is a prerequisite that no Employer can shy away from.

In the context of Employers operating outside of the scope of any Bargaining Council, the BCEA prescribes certain minimum conditions of employment which speak to issues such as the National Minimum Wage, working hours and overtime, as examples. Much like the BCEA, each Bargaining Council's Main Collective Agreement will speak to the same aspects as those indicated above.

Naturally, to ensure that Employers abide by the minimum terms and conditions of employment, whether by the BCEA or respective Bargaining Council regulating it, compliance must be monitored and enforced by the various bodies. Under the guise of the BCEA, the Department of Employment and Labour (DOEL) enforces compliance with the BCEA through the use of Labour