EXPLAINER | Four months later, process to hire 10,000 labour inspectors starts

The massive deployment of 10,000 labour inspectors is coming soon, as the ⁠department of employment and labour [DEL] deals with businesses allegedly failing to comply with employment laws and hiring undocumented workers.

Conversations on workplace enforcement have come to the fore again after President Cyril Ramaphosa claimed during his address on Sunday that unscrupulous employers are exploiting weak monitoring systems to bypass local labour laws.

“As part of rebuilding the labour enforcement capacity, the department of employment and labour has launched the phased recruitment of 10,000 inspectors for this financial year.

“We are going to increase the penalties, including imprisonment, for employers who violate the Immigration Act. We cannot have a situation where employers who, after being charged and found guilty of violating our laws, merely pay a fine and continue employing undocumented foreign nationals whom they exploit,” said Ramaphosa.

The topic of hiring more labour inspectors is not new, and this is what you need to know:

The initial announcement on labour inspectors was made in February, with the department of labour and employent minister Nomakhosazana Meth describing the additional force as a major milestone.

“This is a major boost to our enforcement arm. The addition of 10,000 inspectors will significantly strengthen our capacity to enforce compliance with labour legislation,” said Meth at the time.

She added that increased inspection capacity will enhance the department’s ability to respond decisively to non‑compliance, unlawful employment practices and exploitation of workers, while supporting a more stable and fair labour market.

However, four months later, deputy minister Jomo Sibiya said they had not been able to properly police the labour market because the department currently relies on a tiny team.

He also stated that this is the first large-scale recruitment since 1994, and the aim is to increase the number of inspectors, now just 2,300, to better enforce laws and combat exploitation.

He added that higher staffing levels are necessary to deter employers from hiring undocumented immigrants for cheap labour and violating ⁠unemployment insurance fund regulations.

A temporary workforce of 20,000 youth interns deployed under a presidential stimulus plan has only offered short-term relief.

The department currently manages about 169,000 workplace inspections annually. However, the team’s capacity is inadequate for a national labour force of more than 16-million people.

International Labour Organisation [ILO] guidelines recommend a ratio of at least one inspector per 10,000 workers for transitioning economies.

However, South Africa’s current capacity barely scratches this baseline, making proactive daily blitzes nearly impossible.

The initiative involves a R5bn budget, which is expected to increase the current 169,000 to 300,000 annual inspections.

Employers are urged to normalise their workforce status to avoid strict penalties, including fines of R100,000 per worker and jail time, when the new inspectors begin their work.

“We must deal with the employers who create the demand. Many exploit undocumented workers by paying low wages, denying leave and making them work long hours,” said Sibiya.

He added that the recruitment process, although having started, is not going to happen overnight.

“Inspectors are highly trained professionals who must understand labour laws and systems. The process is in motion. We are starting recruitment, but we already have inspectors conducting enforcement operations every day,” he said.

Sowetan