Section 35 lists specific powers of a labour officer to inspect records and premises, require information and documents, seize evidence, take samples, order cleanliness, initiate proceedings or appeals, and to take custody of children suspected of unlawful employment; subsection (2) requires a receipt be given when documents are seized.
Section 35. Powers of labour officer Section 35(1)(a) require the production of wage sheets or other employment records kept by an employer, and records of payments made to outworkers by persons giving out work, and any other such records as are required by any labour law or wages order to be kept by employers, and to inspect and examine those sheets or records and copy any material part thereof; Section 35(1)(b) require any person giving out work and any out-worker to give any information which is in that person’s power to give with respect to the names and addresses of the persons to whom the work is given or from whom the work is received and with respect to the payments to be made for the work; Section 35(1)(c) inspect and copy any material part of any list of outworkers kept by an employer or other person giving out work to outworkers; and Section 35(1)(d) examine, either alone or in the presence of any other person, with respect to any matter under Part VI, any person whom the labour officer has reasonable cause to believe to be or to have been an employee to whom a wages order applies or applied or the employer of any such person or a servant or agent of the employer employed in the employer’s business, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined: Provided that no person shall be required to give any information that incriminates him; Section 35(1)(e) at all reasonable times, enter, inspect and examine any land or building, other structure, whether permanent or temporary on or in which the labour officer has reasonable ground to believe that an employee is residing or is employed, and may make such inquiry, inspection or examination as may be necessary to enable the labour officer to determine whether the provisions of this Act or any other labour law are being complied with; Section 35(1)(f) at all reasonable times, require an employer to produce an employee employed by him and a document relating to the employment of any employee, and may require an employee to produce any document relating to the employee’s employment; Section 35(1)(g) examine and make copies of a register, record, book or other document relating or appearing to relate to employment, and seize any register, record, book or other document which he has reasonable ground to believe to be or to contain evidence of an offence under this Act or any other labour law; Section 35(1)(h) enter, inspect and examine all latrines and other sanitary arrangement or water supply; Section 35(1)(i) inspect and examine all food provided or appearing to be provided for the employees, and take samples thereof in duplicate, in the presence of the employer or the employers representative which samples shall be sealed and one sample so sealed shall be left with the employer; Section 35(1)(j) order that all buildings and premises where employees are housed or employed be kept in a clean and sanitary condition; Section 35(1)(k) without prejudice to the powers of the Director of Public Prosecutions, institute proceedings in respect of any contravention of any provision of this Act or for any offence committed by an employer under this Act or any other labour law; Section 35(1)(l) institute an appeal on behalf of any employee in any civil proceedings by an employee against his employer in respect of any matter, thing or cause of action arising out of or in the course of the employment, whether such civil proceedings are contemplated or instituted by the employee himself or are civil proceedings ordered by a magistrate; Section 35(1)(m) without prejudice to the institution of proceedings in respect of any offence, to take into custody and return to his parent or guardian, or other person whom he is satisfied has for the time being the charge of or control over him, any child whom he reasonably suspects to be employed in contravention of any of the provisions of the law relating to employment. Section 35(2) Where a labour officer seizes a register, record, book or other document in the performance of the labour officer’s duties under subsection (1)(g), the labour officer shall give to the employer or his representative a receipt in respect of such register, record, book or other document in the prescribed form. [Act No. 19 of 2023, Sch.]
