Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter V : Monitoring, Enforcement and Legal Proceedings

Part A : Enforcement

37. Compliance order

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(1)A labour inspector may serve a compliance order on a designated employer in the prescribed manner if that employer has failed to comply with section 16, 17, 19, 22, 24, 25 or 26 of this Act.

[Section 37(1) substituted by section 10(a) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

 

(2)A compliance order contemplated in subsection (1) must be issued by a labour inspector and must set out—

[Words preceding Section 37(2)(a) substituted by section 10(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

(a)the name of the employer, and the workplaces to which the order applies;
(b)those provisions of Chapter III of this Act which the employer has not complied with and details of the conduct constituting non-compliance;
(c)any written undertaking given by the employer in terms of section 36 and any failure by the employer to comply with the written undertaking;
(d)any steps that the employer must take and the period within which those steps
(e)must be taken;
(f)the maximum fine, if any, that may be imposed on the employer in terms of Schedule 1 for failing to comply with the order; and
(g)any other prescribed information.

 

(3)A copy of the compliance order must be served on the employer named in it.

[Subsection (3) amended by section 14(b) of Act No. 47 of 2013]

 

(4)A designated employer who receives a compliance order served in terms of subsection (3) must display a copy of that order prominently at a place accessible to the affected employees at each workplace named in it.

 

(5)A designated employer must comply with the compliance order within the time period stated in it.

[Subsection (5) amended by section 14(c) of Act No. 47 of 2013]

 

(6)If a designated employer does not comply with an order within the period stated in it, the Director-General may apply to the Labour Court to make the compliance order an order of the Labour Court.

[Subsection (6) amended by section 14(c) of Act No. 47 of 2013]