40. Powers and functions of labour officers and labour inspectors (1) The functions of the Commissioner of Labour, labour officers or labour inspectors are to: (a) ensure compliance with the provisions of this Act; (b) advise and assist employers and workers on particular or general employment relations matters under this Act; (c) provide information, advice, awareness or training to employers and workers or their organizations on matters under this Act; and (d) publish an annual labour inspection report including statistics on inspection visits, recorded breaches of the Act and penalties issued. (2) The functions of the Commissioner of Labour and labour officers may also include formulating enterprise or national policies, codes and strategies on employment relations matters. 41. Right of entry and inspection (1) The Commissioner of Labour, a labour officer or labour inspector may at any time - enter, inspect and examine a workplace where or about which a worker is employed or where there is reason to believe that a worker is employed; require an employer or a trade union as the case may be, to produce any worker employed by the employer and any documents or records which the employer is required to keep under this Act or any other documents or records relating to the employment of the worker; interview the employer or a worker on a matter connected with employment or this Act, and may seek information from any other person whose evidence is considered to be necessary; or inquire from an employer or a person acting on the behalf regarding matters employer’s connected with the carrying out of this Act. (2) The Commissioner of Labour, labour officer or labour inspector, (a) must not enter a private dwelling house without the consent of the occupier; or (b) without the consent of the occupier, may enter a private dwelling house that there are reasonable grounds to believe is a workplace, with an order for daytime entry made by the Industrial Registrar on a date when the occupier could reasonably be in attendance; or (b) on the occasion of a visit or inspection, must notify the employer or the employer’s representatives of his or her presence, unless the Commissioner of Labour, labour officer or labour inspector considers that such notification may be prejudicial to the performance of his or her duties. (3) The Commissioner of Labour, a labour officer or labour inspector may copy or make extracts from a document or records in the possession of an employer which relate to a worker.
40. Powers and functions of labour officers and labour inspectors (1) The functions of the Commissioner of Labour, labour officers or labour inspectors are to: (a) ensure compliance with the provisions of this Act; (b) advise and assist employers and workers on particular or general employment relations matters under this Act; (c) provide information, advice, awareness or training to employers and workers or their organizations on matters under this Act; and (d) publish an annual labour inspection report including statistics on inspection visits, recorded breaches of the Act and penalties issued. (2) The functions of the Commissioner of Labour and labour officers may also include formulating enterprise or national policies, codes and strategies on employment relations matters. 41. Right of entry and inspection (1) The Commissioner of Labour, a labour officer or labour inspector may at any time - enter, inspect and examine a workplace where or about which a worker is employed or where there is reason to believe that a worker is employed; require an employer or a trade union as the case may be, to produce any worker employed by the employer and any documents or records which the employer is required to keep under this Act or any other documents or records relating to the employment of the worker; interview the employer or a worker on a matter connected with employment or this Act, and may seek information from any other person whose evidence is considered to be necessary; or inquire from an employer or a person acting on the employer’s behalf regarding matters connected with the carrying out of this Act. (2) The Commissioner of Labour, labour officer or labour inspector, (a) must not enter a private dwelling house without the consent of the occupier; or (b) without the consent of the occupier, may enter a private dwelling house that there are reasonable grounds to believe is a workplace, with an order for daytime entry made by the Industrial Registrar on a date when the occupier could reasonably be in attendance; or (b) on the occasion of a visit or inspection, must notify the employer or the employer’s representatives of his or her presence, unless the Commissioner of Labour, labour officer or labour inspector considers that such notification may be prejudicial to the performance of his or her duties. (3) The Commissioner of Labour, a labour officer or labour inspector may copy or make extracts from a document or records in the possession of an employer which relate to a worker.
Final_ILO_June_2012.docx