8. SECTORAL DETERMINATIONS : SECTION 51
Sectoral determinations may be made to establish basic conditions for employees in a sector and area.
9. MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS : SECTIONS 63 – 81
9.1 Labour inspectors must advise employees and employers on their rights and obligations in terms of employment laws. They conduct inspections, investigate complaints and may question persons and inspect, copy and remove records and other relevant documents (S. 64 – 66).
9.2 An inspector may serve a compliance order on an employer who is not complying with a provision of the Act. The employer may object against the order to the Director-General: Labour, who after receiving representations, may confirm, modify or set aside an order. This decision is subject to appeal to the Labour Court (S. 68 – 73).
9.3 Employees may not be discriminated against for exercising their rights in terms of the Act (S. 78 – 81).
10. PRESUMPTION AS TO WHO IS AN EMPLOYEE : SECTION 83A
10.1 A person who works for, or provides services to, another person is presumed to be an employee if –
(a) his or her manner or hours of work are subject to control or direction;
(b) he or she forms part of the employer’s organisation;
(c) he or she has worked for the other person for at least 40 hours per month over the previous three months;
(d) he or she is economically dependant on the other person;
(e) he or she is provided with his or her tools or work equipment; or
(f) he or she only works for, or renders service to, one person.
10.2 If one of these factors is present, the person is presumed to be an employee until the employer proves that he or she is not.
It is an offence to¾
(a) obstruct or attempt to influence improperly a person who is performing a function in terms of the Act;
(b) obtain or attempt to obtain any prescribed document by means of fraud, false pretences, or by presenting or submitting a false or forged document;
(c) pretend to be a labour inspector or any other person performing a function in terms of the Act;
(d) refuse or fail to answer fully any lawful question put by a labour inspector or any other person performing a function in terms of the Act;
(e) refuse or fail to comply with any lawful request of, or lawful order by, a labour inspector or any other person performing a function in terms of the Act;
(f) hinder or obstruct a labour inspector or any other person performing a function in terms of the Act.
Thank you for reading the summary of Basic Conditions of Employment Act 1997, we at Human Resources South Africa hope it helps you with your employment questions!!!