LABOUR ACT [Chapter 28:01] (as amended)
(b)
on demand by an employment officer made
at any reasonable time during the said period
of three years, produce the said record for inspection; and
(c) furnish to the registrar such statistical
information at such times and in such manner as may be prescribed.
(2) No person shall charge or receive in respect
of anything done or to be done at an employment
agency—
(a) any fee or other payment or reward at a rate
higher than that which may, from time to
time, be prescribed for any particular area
and class of business; or
(b) any fee or other payment or reward, unless
provision has been made for the charging of
such fee, payment or reward in regulations
made under this Act:
Provided that this subsection shall not apply to a
business consultant carrying on business at the
same place as an employment agency in respect of
anything done in the course of such business other
than the procurement of employment for clients.
117 Powers of employment officers
(1) An employment officer may, without previous notice and at any reasonable time during the
day, enter upon any premises of an employment
agency for the purpose of conducting any search
therein where there are reasonable grounds for
believing that such entry or search is necessary for
the prevention, investigation or detection of an
offence in terms of this Part.
(2) In the exercise of the powers conferred upon
him by subsection (1) an employment officer
may—
(a) require from any person conducting an
employment agency the production of any
books or documents which relate to his business and which are or have been upon the
premises or in his possession or custody, or
under his control; and
(b) at any place require from any person who
has the possession or custody or control of
any books or documents relating to the business of any person who is or was conducting
an employment agency, the production of
such books or documents; and
(c) examine and make extracts from, and copies
of, any books or documents referred to in
paragraph (a) or (b); and
(d) require an explanation of any entry in any
books or documents referred to in paragraph
(a) or (b); and
(e) seize any book or document referred to in
paragraph (a) or (b) that, in his opinion, may
afford evidence of the commission of any offence under this Act:
Provided that in the exercise of the powers conferred by this subsection, an employment officer
shall exercise such reasonable care as to ensure
that the smooth and efficient running of an employment agency is not unduly interfered with.
(3) Every employer in connection with whose
employment agency any premises are occupied or
used, and every person employed by him, shall at
Re-issue
all reasonable times during the day, furnish such
reasonable facilities as may be required by an
employment officer for entering the premises for
the purpose of inspecting or examining the books
and documents kept in the premises, or for making
any inquiry in relation thereto.
(4) No person shall—
(a) make a false statement—
(i) in any representations to an employment officer; or
(ii) when giving evidence to or before an
employment officer investigating a case
in terms of this section;
which he knows to be false in any material
particular, or which he has no reason to believe to be true; or
(b) refuse to answer any question which an
employment officer, in the exercise of his
functions in terms of this section, has put to
him; or
(c) refuse to comply to the best of his ability
with any requirement made by an employment officer in the exercise of his functions
in terms of this section; or
(d) hinder an employment officer in the exercise
of his functions in terms of this section.
118 Offences
(1) Any person who fails to comply with—
(a) subsection (1) or (2) of section one hundred
and fourteen; or
(b) any condition in a certificate of registration
specified pursuant to paragraph (f) of subsection (3) of section one hundred and fifteen;
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.
(2) Any person who contravenes⎯
(a) subsection (1) or (2) of section one hundred
and sixteen; or
(b) subsection (4) of section one hundred and
seventeen; or
(c) any regulations made in terms of section one
hundred and nineteen;
shall be guilty of an offence and liable to a fine not
exceeding level five or to imprisonment for a
period not exceeding six months or to both such
fine and such imprisonment.
119 Minister may make regulations
(1) The Minister may make such regulations as
he deems necessary or expedient for the purpose of
giving effect to, or for the better administration of,
this Part.
(2) Regulations made in terms of subsection (1)
may provide for—
(a) the form in which an application is to be
made for a certificate of registration;
(b) the fee to be paid for a certificate of registration or copies thereof;
(c) the fees which may be charged in respect of
the business of an employment agency;
(d) the surrender of certificates of registration
where the conditions thereof are to be varied
or where such certificates are to be cancelled;
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