LABOUR ACT [Chapter 28:01] (as amended) (a) makes any false representation to, or otherwise hinders or obstructs, an investigator or administrator in the performance of his functions under this section; or (b) contravenes subsection (4); shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 121 Officials (1) For the purposes of this Act, there shall be— (a) a Registrar of Labour and such number of Assistant Registrars of Labour as may be necessary for carrying out the functions assigned to such officers in terms of this Act; and (b) such number of labour officers and employment officers as may be necessary for carrying out the functions assigned to such officers in terms of this Act; whose offices shall form part of the Public Service. (2) With the approval of the Minister, the Registrar may delegate to any other officer referred to in subsection (1) any of the functions conferred upon him by this Act, other than such power of delegation. (3) The Minister may give directions of a general nature to any officer referred to in subsection (1) as to the performance of his functions in terms of this Act. (4) An officer referred to in subsection (1) shall be issued with a certificate signed by the Registrar stating his official title. 122 Acquisition of undertakings by trade unions and trade union congress (1) Whenever— (a) an undertaking which employs persons who are members of one or more registered trade unions or a federation thereof is to be discontinued; and (b) it would be in the interests of consumers, the employees concerned and members of the public generally that the undertaking be continued; the Minister may, subject to this section, direct all or any of the trade unions or the federation concerned to endeavour in good faith to acquire the undertaking from their funds. (2) Where the employees of an undertaking referred to in subsection (1) are not members of a registered trade union, the Minister may, if it would be in the interests of consumers, the employees concerned and members of the public generally that the undertaking be continued, subject to this section, direct any federation, association or congress of trade unions to endeavour in good faith to acquire the undertaking from the funds of such association or congress. (3) Before making any direction in terms of subsection (1) or (2), the Minister shall consult the employees and any trade union, federation, association or congress of trade unions concerned. (4) When making any direction in terms of subsection (1) or (2), the Minister shall include Re-issue therein such directions as to the repayment by the employees concerned of such of the costs and expenses of the federation, association or congress of trade unions concerned as the Minister thinks fit. 123 Minister may raise levies to meet certain expenses (1) Subject to subsection (2), the Minister may, after consultation with the Minister responsible for finance, by statutory instrument provide for the imposition and payment of levies on employees, employers organizations, trade unions and federations thereof for the purpose of meeting the expenses of all or any of the following— (a) [Repealed] (b) the Labour Court; and (c) employers organizations or any federation, association or congress of trade unions recognised by the Minister as being representative of all or most registered trade unions; and (d) employers organizations recognised by the Minister as being representative of all or most registered employer organizations. (2) In imposing levies in terms of subsection (1), the Minister shall take into account— (a) the extent to which any person upon whom the levy is imposed has utilised or ought to utilise the services of the Labour Court, federation, association or congress of trade unions concerned; and (b) the ability of any person or organization upon whom the levy is imposed to pay the levy. 124 Protection against multiple proceedings (1) Where any proceedings in respect of any matter have been instituted, completed or determined in terms of this Act, no person who is aware thereof shall institute or cause to be instituted, or shall continue any other proceedings, in respect of the same or any related matter, without first advising the authority, court or tribunal which is responsible for or concerned with the secondmentioned proceedings of the fact of the earlier proceedings. (2) [Repealed] 125 Records to be kept by employers, principals and contractors (1) Every employer upon whom any agreement, determination or regulation is binding under this Act in relation to remuneration to be paid, time to be worked or such other particulars as may be prescribed shall at all times keep, in respect of all persons employed by him, records of the remuneration paid, of the time worked and of those other particulars. (2) The form and manner in which the records referred to in subsection (1) shall be kept as prescribed: Provided that the Registrar may in writing authorize the keeping of such records in some other form if the records so kept will, in his opinion, - 45 - 1st May 2003-