It’s important that your employer registers you at the Department of Labour (DOL) for Unemployment Insurance Fund (UIF) and workers’ compensation. If your employer does not do this, it puts you at risk if you were to be dismissed. The Labour Law and the Basic Conditions of Employment Act (BCEA) was written to protect workers in the workplace and to ensure that they are protected against mistreatment and unfair behaviour towards them. If you have a labour issue, the DOL, Labour Court, The Commission for Conciliation, Mediation and Arbitration (CCMA), and other similar institutions can protect you and help you to fight for your rights.
Who can be registered as an employee?
If you work for, or deliver services to another person, regardless of the form of contract, you are considered an employee if one or more of the following applies according to Section 200A of the Labour Relations Act (LRA) and Section 83A of the BCEA:
- If you work under the control or direction of someone else.
- Someone else controls the amount of hours you work.
- If you work for an organisation and thus form part of the organisation.
- If you have worked for someone for at least 40 hours per month over the last three months.
- If you are economically dependent on the other person that you work for or deliver services to.
- The person has given you tools of the trade or equipment to perform your duties.
- If you only work for or deliver services to one person.
What if I find out that I’m not registered at the DOL?
If you find out that your employer has not registered you at the DOL for employment-related benefits such as the unemployment insurance fund, you can lodge a complaint with the DOL to investigate the issue as your employer is obligated by law to register employees. Once you have lodged the complaint, the DOL will start the investigation procedure. This procedure could take a couple of months as the DOL will have to contact your employer and follow certain procedures. The DOL will investigate the complaint until your employer cooperates.
DOL investigation procedure
- The DOL will send a letter to your employer.
- Inspectors from the DOL will be sent to the company to check if the company complies with the labour laws (this includes registration of employees).
- The inspectors will make a full assessment of the compliance of the company that will be reported to the DOL.
- If the inspectors find that the company is not fully compliant, the investigator will advise your employer on the best way to comply with the labour laws.
- The investigator will take into consideration the size of the company when giving advice, as well as consult with trade union reps.
- The investigator will inform trade union reps of any violation of legislation and what action they will have to take.
- Your employer will have 21 days to comply with the labour laws.
- After the 21 days, a follow-up visit will be done to check whether the employer has made the suggested changes.
- The DOL inspectors will document each step of the investigation process depending on their decision. The first written inspection report should be handed in to the field office director for discussion and approval in principle, no later than 10 days after the visit to your employer.
- If your employer does not comply within the specified time, the DOL will then take the matter to the labour court and the court will then make a ruling.
Will the DOL always help, and will it take long?
It is important to keep in mind that the DOL attends to many matters, and the decision to investigate a matter rests solely on the discretion of the DOL. They may decide not to take on your case if it is not a clean-cut labour-related issue. You will then have to consult with a lawyer, or the CCMA to find out what your next steps are.
There are many back-and-forths in a labour-related investigation. The time between lodging the complaint and finding a suitable solution for you could vary from weeks, to months, to even years in some cases. You will need to be patient and let the DOL do their job. If you feel that you have been waiting too long to get feedback, you can contact the officer that you lodged your complaint with for an update on the status of your matter.
For more information on labour law, contact your Scorpion Legal Protection lawyer, or visit the Department of Labour’s website at www.labour.gov.za or the CCMA’s website at www.ccma.org.za. Scorpion Legal Protection can assist policyholders with queries on labour law and labour-related issues.
(Please note: This is only general advice and should not be relied on solely. The law is complicated and there are many influencing factors that can change the above).
I'm not registered at the Department of Labour, now what?
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