The Inspection and
Compliance Unit - which is presently, comprised of three (3) Officers
namely a Senior Compliance Officer (SCO), a Compliance Officer and an Occupational
Safety and Health Officer - is responsible for the enforcement of all aspects
of the new employment legislation. Inspections, either through routine unexpected
visits, requested visits or because of an emergency, constitute the fundamental
function of this unit. All inspections bring the Officers into direct contact
with employers, their agents and employees.
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Upon the receipt of a
complaint that does not immediately require conciliation, but would appear
to benefit from a physical visit to the enterprise to reduce tensions,
the Conciliation and
Mediation Officers forward the file to the Senior Compliance Officer.
The SCO then arranges for an inspection of the workplace during which,
the Compliance Officer informs the employer of any breaches that may be
apparent, along with the penalties that may be imposed by a court in the
event of a successful prosecution of those breaches.
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When the Compliance
Officer returns to the office, a letter will be issued to the employer
confirming the breaches, if any, which have been discovered, again informing
the employer of the possible penalties for non-compliance with the Law,
and stating that a further inspection may be carried out in the future.
The Department of Employment Relations (DER) Director may refer the case
to the Attorney General's Office to consider the institution of legal proceedings
in respect of the alleged offence. The DER also carries out inspections
in respect of possible breaches of the terms and conditions of employment
contracts and work permits on the request of the Chairman of the Immigration
Board.
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