Security Sector - Department of Labour

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Private
Security Sector
What workers and employers should
know about minimum wages and
conditions of employment.
The Department of Labour has made a law which regulates the conditions
of employment and minimum wages in the Private Security Sector.
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This law is called the Sectoral Determination for the Private Security Sector
that came into effect on 10 December 2001
Employers are required to pay the minimum wage as prescribed in the Sectoral Determination as from the 1 September 2009
This document briefly covers some of the most important provisions in the Sectoral Determination
A copy of the Sectoral Determination is available from the Government Printers or the Department of Labour and also on the Department’s website:
www.labour.gov.za
What is the purpose of the Sectoral Determination?
The Sectoral Determination lays down conditions of employment for the Private
Security Sector such as hours of work, leave, particulars of employment and
termination of employment. It also prescribes the minimum wage employers are
required to pay.
Application
Who is covered?
Every worker in the Private Security Sector:
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Who guards or protects fixed property, premises, goods, people or workers,
including monitoring and responding to alarms at premises which are guarded by people or by electronic means and car guards
Administrative staff are also covered by this sectoral determination; and
Independent contractors who are doing private security work.
Who is not covered by the Sectoral Determination?
• A manager who is in charge of supervising workers; and
• Any employer who is covered by a bargaining council.
Minimum Wages
What does the law say about wages?
The law says that all workers in the Private Security Sector should be paid the minimum wage as per Table 1.
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Private Security
AREA 1
Bloemfontein, East London,
Kimberley, Klerksdorp,
Pietermaritzburg, Somerset
West, Stellenbosch and Strand.
AREA 2
Odendaalsrus, Potchefstroom,
Virginia, Welkom and Witbank.
AREA 3
All other areas.
AREA 4
Monthly Salary Rates for Year 1 (with effect from 1 September 2009)
Table1: Minimum wages for the Private Security Sector
In the Magisterial Districts of
Alberton, Bellville, Benoni,
Boksburg, Brakpan,
Camperdown, Chatsworth,
Durban, Germiston, Goodwood,
Inanda, Johannesburg, Kempton
Park, Krugersdorp, Kuils
River, Mitchell’s Plain, Nigel,
Oberholzer, Paarl, Pinetown,
Port Elizabeth, Pretoria,
Randburg, Randfontein,
Roodepoort, Sasolburg, Simon’s
Town, Springs, The Cape,
Uitenhage, Vanderbijlpark,
Vereeniging, Westonaria,
Wonderboom and Wynberg.
R 1,701
R 9.45
R 8.72
R 15.85
Hourly equivalent
R 9.44
R 3,089
Monthly salary
R 1,841
R 1,980
R 1,843
R 17.99
R 8.01
Hourly
equivalent
R 1,562
R 8.36
R 8.17
R 8.94
R 11.19
R 10.28
R 3,508
R 18.75
R 8.51
R 1,631
R 1,594
Monthly salary
R 3,656
R 1,660
R 8.97
R 8.70
Monthly salary Hourly
equivalent
R 9.41
R 1,749
R 1,697
R 1,743
R 2,183
R 2,005
R 20.60
R 1,835
R 9.87
R 9.60
Hourly
equivalent
R 10.26
R 1,925
R 1,872
R 11.21
R 10.64
R 10.06
R 4,017
R 2,001
R 10.74
R 10.51
Monthly salary
During the first year of experience
R 2,095
R 2,050
Artisan
During the second year of experience
R 2,186
R 2,075
R 1,962
Clerk
Clerical Assistant
Thereafter
During the first year of experience
R 13.11
R 12.21
R 8.39
R 10.15
R 2,557
R 1,636
R 9.74
R 9.25
R 10.85
R 9.08
R 1,899
R 1,804
R 2,116
R 1,770
R 10.73
R 10.09
R 12.01
R 2,381
R 2,342
During the third year of experience
R 11.53
R 10.01
R 2,093
R 1,967
R 2,248
R 1,952
R 11.66
R 11.01
R 14.09
R 10.80
R 2,274
R 2,147
As for a clerical assistant
As for relevant security officer grading
R 2,106
R 12.61
R 11.92
R 2,748
During the second year of experience
Thereafter
Controller
Control or Communication Centre Operator
Light motor vehicle
R 2,469
R 2,325
Driver of a -
Heavy motor vehicle
Medium motor vehicle
Thereafter
During the first six months service with the same employer
R 2,332
R 1,717
R 1,639
R 13.88
R 16.03
R 11.96
R 8.81
R 8.41
R 2,633
R 3,047
R 2,160
R 1,586
R 1,504
R 12.66
R 14.65
R 11.08
R 8.13
R 7.71
R 2,577
R 2,766
R 1,989
R 1,425
R 1,349
R 11.43
R 13.30
R 10.20
R 7.31
R 6.92
R 2,213
R 2,577
R 1,817
R 1,355
R 1,283
R 10.64
R 12.39
R 9.32
R 6.95
R 6.58
General Worker
Handyman
R 2,887
R 3,334
R 1,824
R 1,968
R 8.77
R 9.46
R 1,704
R 1,849
R 8.19
R 8.89
Security Officer
Grade B
Grade A
R 9.65
R 10.48
R 8.18
R 7.89
R 2,007
R 1,596
R 1,641
R 2,180
R 8.62
R 8.38
R 10.55
R 1,680
R 1,743
R 11.38
R 9.54
R 9.27
R 2,195
R 1,860
R 1,928
R 2,367
R 10.38
R 10.10
Grade D
R 2,024
R 2,101
Grade C
Workers not elsewhere specified
Grade E
Maximum
permissible
working hours
per week for
each respective
category of
workers, subject
to clause 5(2),
with regard to
averaging of
working hours.
45
45
45
48
45
45
45
45
48
45
Private Security 3
Other important provisions affecting wages
Monthly salary rates for 1 September 2010
[1]
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[4]
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Grade E Security Officers will be incorporated into Grade D.
The increase for Security Officers Grade D in all areas will
be calculated by adding the annualised Consumer Price
Index plus 2% (two per cent) to the Grade D salary rates
as from 1 September 2010, with a minimum increase of
7.25% (seven and a quarter percent) for such entry levels.
The increase for the entry level for all other categories
of workers will be calculated by adding the annualised
Consumer Price Index plus 2% (two per cent) to the
salary rates as from 1 September 2010, with a minimum
increase of 7.25% (seven and a quarter percent) for such
entry levels.
The increase for all higher grades or levels for all
categories will be calculated by adding the Rand value of
the entry levels applicable to each category to the Year 1
salary levels for all such higher grades or levels.
Private Security
Monthly salary rates for 1 September 2011
[1]
[2]
[3]
[4]
Area 4 will be abolished and incorporated into Area 3.
The increase for Security Officers Grade D in all areas
will be calculated by adding the annualised Consumer
Price Index plus 2% (two per cent) to the Grade D salary
rates as from 1 September 2011, with a minimum
increase of 7% (seven percent) for such entry levels.
The increase for the entry level for all other categories
of employees will be calculated by adding the annualised
Consumer Price Index plus 2% (two per cent) to the
salary rates as from 1 September 2011.
The increase for all higher grades or levels for all
categories will be calculated by adding the Rand value of
the entry levels applicable to each category to the Year 2
salary levels for all such higher grades or levels.
Note to Year 2 and Year 3 tables, above:
The term “entry level” refers to the lowest remuneration level in each
specified category of workers referred to in the salary tables, as for Year 1.
NB!! It is an unfair labour practice to reduce the wages of a worker in
the Private Security Sector who earns more than the prescribed wage.
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Calculation of wages
Wages are calculated using ordinary hours of work
• Daily wage divided by ordinary hours worked in a day = hourly wage
• Weekly wage divided by ordinary weekly hours = hourly wage
• Monthly wage divided by 4.333 = weekly wage.
Payment of wages
Must be paid:
• In South African currency
• In cash or cheque or direct payment in the bank account
• Daily, weekly, fortnightly or monthly
• At the workplace during working hours
• On a normal pay day agreed to by the worker; and
• Within 48 hours of termination of employment.
Information concerning wages
Every worker must receive, on payday, a payslip showing:
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Employer’s name and address
Worker’s name and occupation
Period of payment
Worker’s wage and overtime
Hours worked
Overtime worked
Hours worked and pay for Sunday and Public Holidays
Wage
Any other pay
Deductions
Net payment.
The payslip is the property of the worker.
Spares or Relievers
Should be employed on a full time basis and they should be paid the amount that
they would have ordinarily earned even if they have not been placed in a post.
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Private Security
Prohibited acts concerning pay
Permissible deductions
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Medical insurance
Savings
Pension or provident fund
Trade union subscription
Order of account payment to a registered financial institution
Loan which will not exceed one third of the total remuneration.
What the law says about deductions
Deductions not allowed
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Amount greater than the actual remuneration received
Uniform
Protective clothing and weapons
Training provided.
Allowances
Night shift allowance
If the night shift falls between 18:00 and 06:00 the next day, the worker shall receive
an allowance as follows:
• R4.00 per shift as from 1 September 2009
• R5.00 per shift as from 1 September 2010.
Special allowance
A worker who works as a mobile supervisor, armed security officer, armed response
officer, national key point officer and control centre operator are entitled to the
special allowance or R5.50 per shift.
Transfer allowance
An employer shall pay a security officer a transfer allowance of not less than R100
provided that:
a) The transfer is permanent and the worker is entitled to a transfer allowance
for a period of not less than 12 months.
b) The transfer is for a period exceeding six months but not exceeding 12 months.
c) The site is more than 250 kilometers away.
d) Except transfer arising from alternative employment by the employer or as
a result of a worker’s request.
Private Security 7
Conditions of employment [Written Particulars of Employment]
An employer must supply a worker with the following:
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Full name and address of the employer
Name and occupation of the worker or brief description of work
Various places of work
Date of employment
Ordinary hours of work and days of work
Wage or the rate and method of payment
The rate of pay for overtime work
Any other cash payments
Any payment in kind and the value thereof
How frequently wages will be paid
Any deductions
Leave entitlement
The period of notice to terminate employment.
Hours of work
How many ordinary hours of work in the Security Industry
• A security officer should not work more than 48 hours per week
• Other workers should not work more than 45 hours per week.
Overtime
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Can only be worked by agreement concluded by the employer and the worker
Not more than three hours per day
Not more than 10 hours per week.
Payment of overtime
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Overtime should be paid at one-and-a-half times the worker’s wage for
overtime worked
An agreement may provide for an employer to pay a worker not less than the ordinary wage for overtime worked and give the worker at least 30 minutes time off on full pay for each hour worked; or
Give a worker at least 90 minutes paid time off for each hour worked
Paid time off should be given within one month of a worker becoming entitled to it, however an agreement in writing may increase this period to 12 months.
Private Security
Rest period
An employer must give a worker:
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A daily rest period of at least 12 consecutive hours between ending work and starting work the next day
A written agreement could lessen it to 10 hours if the worker lives on the
premises at which the workplace is situated and whose meal interval lasts
for at least three hours
A weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include a Sunday
A written agreement may also provide for a rest period of at least 60 consecutive hours every second week.
Meal intervals
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A worker must have a meal interval of one hour after five hours of continuous work
A worker can only perform duties that cannot be left unattended and cannot be performed by another worker and must be paid for such work
No deduction shall be made in respect of a meal interval to reduce the monthly salary.
Annual bonus
• Every security officer shall be paid an annual bonus as provided for in the Sectoral Determination.
Public holiday
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Can only be worked per agreement
If the public holiday falls on the day on which a worker would ordinarily work, an employer must pay the worker who does not work at least the normal wage for that day
If a worker works on the public holiday, the worker must be paid at least double the rate for that day worked.
Leave
What type of leave is a worker entitled to?
• Five types of leave: Ordinary annual leave, sick leave, family responsibility leave, maternity leave and study leave.
Private Security 9
Annual leave
How many days are workers entitled to?
• Workers are entitled to 21 consecutive days of leave per annum
What happens if a public holiday falls within the annual leave cycle?
• An extra day’s paid leave should be granted.
Sick leave
What is important to note regarding sick leave?
• The sick leave cycle is 36 months based on the number of days worked over a six-week period.
Example:
An employee works 5 days per week.
Sick leave days per cycle are 5 X 6
(number of weeks) = 30 days per
three-year cycle
Note: The employer may
request a medical certificate
when a worker is absent for
more than two consecutive
days, or twice during an
eight-week period.
Family responsibility leave
What is family responsibility leave?
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It is leave granted for specific family related matters.
Who qualifies for this type of leave?
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Workers who have been employed by an employer for longer than four months; and who works on at least four days a week for that employer are entitled to three days family responsibility leave during an annual leave cycle
Family responsibility leave shall increase to four days in September 2010.
When may this leave be taken?
• This leave may be taken for the birth of a child, when a child is sick or
when a spouse, parent, adoptive parent, grandparent, adoptive child, child, grandchild, brother or sister dies.
10 Private Security
Maternity leave
What are the key issues relating to maternity leave?
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Maternity leave is a four-month period, which starts four weeks before the expected date of birth
An employer must pay a female security officer, who has been in the service with the same employer for a period of not less than three years, 34% of her basic salary during maternity leave as a supplement to her Unemployment Insurance Fund (UIF) payment
A worker may only resume work six weeks after the birth of a child; unless a medical practitioner certifies that the worker may begin work.
Note:
• Where possible, notice of leave and date of return to work
must be provided before the leave begins.
Study leave
• Every worker with a minimum of one year uninterrupted employment with the same employer is entitled to six days paid study leave in a year, in respect of any study at a tertiary establishment.
Service benefits
Each security officer shall upon completion of the following uninterrupted service
with the same employer, calculated from 19 February 2007, and is entitled to a
once-off payment as follows:
a) R500 after five years.
b) R1 000 after 10 years.
c) R5 000 after 20 years.
Weapons, uniforms, overalls and protective clothing
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An employer must provide free of charge any weapon, ammunition tool, whistle or other equipment which a security officer requires to use for self-defence or apprehension
Provide, free of charge, two sets of daily washable uniform items, as well as any other protective clothing which a worker is required by any law to provide for a worker
An employer shall pay a worker a R15-00 cleaning allowance which is not payable during period of absence.
Private Security 11
Temporary employment service, labour brokers
and independent contractors
Employers shall abide by the provisions of the Labour Relations Act, No. 66 of 1995,
as amended.
No employer may use the service of a temporary employment service, labour
brokers or independent contractors unless the temporary employment service,
labour broker or independent contractor provides the employer with satisfactory
proof that it is in compliance with:
a)
b)
c)
d)
e)
Sectoral Determination 6
Unemployment Insurance Act
Compensation for Occupational Injuries and Diseases Act
South African Revenue Service and in possession of an IT30 tax certificate
The rules of the Private Security Provident Fund.
Provident Fund
Every worker in the Private Security Sector should be a member of the Private
Security Provident Fund. A worker will contribute 6.5% of the basic salary to the
Fund and the employer will contribute 6.5% to the Fund. In September 2010, both
parties must contribute 7% and in September 2011 both parties shall contribute
7.5%.
Waiting period
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New workers and workers who have been out of the sector for more than six months of service are subjected to a four-month waiting period before joining the Provident Fund
Workers with at least four months uninterrupted service in the security industry not necessarily with the same employer, shall join the fund immediately after joining the new employer.
Prohibition of child labour and forced labour
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12 No person may employ a child in the Private Security Sector who is under 15 years of age
Who is under the minimum school-leaving age
No person may employ a child in employment that is inappropriate for a
person of that age; or that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development
All forced labour is prohibited.
Private Security
Termination of employment
How should termination of employment be conducted?
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Either party may terminate the contract of service. If a worker worked for six months or less, one weeks’ notice must be given
If the worker has been employed for more than six months but not more than a year, two weeks’ notice must be given
If the worker has been employed for one year or more, four weeks’ notice must be given.
N.B. Notice must be given in writing, except when it is given by an illiterate worker.
Note: The employer may not give notice during a leave period or let it run at
the same time with any period of leave, except sick leave. Payment instead
of notice may be paid, provided it is equal to the period of notice.
Payment on termination
On termination an employer should pay:
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All outstanding monies due
Accrued annual leave
Any time-off not granted
One weeks’ severance pay for every completed year of service if the employer terminates service BASED ON OPERATIONAL REQUIREMENTS.
Certificate of Service
The employer must give the worker a Certificate of Service on termination of
employment.
The following should be indicated on the certificate:
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The full name of the worker
The name and address of the employer
The date the worker started working
The date the work ended
A description of the work
Any training provided
The wage received
The reason for leaving (if the worker wants it included).
Private Security 13
Records
What records must be kept?
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An employer is required to give the worker a payslip and written particulars of employment
Attendance registers should be kept, unless there is an agreement to the contrary.
General provisions
Keeping of the Sectoral Determination
Every employer on whom this Sectoral Determination is binding must keep a copy
of the Sectoral Determination or an official summary, available in the workplace in a
place to which the workers have access.
Enquiries can be directed to:
Department of Labour
Head Office
Employment Standards
Private Bag X 117
Pretoria 0001
14 Private Security
Provincial Offices of the Department of Labour
Eastern Cape
East London
Tel: (043) 701 3000
Limpopo
Polokwane
Tel: (015) 290 1744
Free State
Bloemfontein
Tel: (051) 505 6200
Mpumalanga
Witbank Tel: (013) 655 8700
Gauteng North
Pretoria Tel: (012) 309 5000
North West
Mmabatho
Tel: (018) 387 8100
Gauteng South
Johannesburg
Tel: (011) 853 0300
Northern Cape
Kimberley
Tel: (053) 838 1500
KwaZulu-Natal
Durban Tel: (031) 366 2000
Western Cape
Cape Town
Tel: (021) 441 8000
Welkom Zastron Tel: (057) 391 0200
Tel: (051) 673 1471
Labour Centres of the Department of Labour
Eastern Cape
Aliwal North
Butterworth
Cradock East London
Fort Beaufort
Graaf-Reinet
Grahamstown
King William’s Town
Lusikisiki
Maclear Mdantsane
Mount Ayliff
Mthatha Port Elizabeth
Queenstown
Uitenhage
Tel: (051) 633 2633
Tel: (047) 491 0656
Tel: (048) 881 3010
Tel: (043) 702 7500
Tel: (046) 645 4686
Tel: (049) 892 2142
Tel: (046) 622 2104
Tel: (043) 643 4756
Tel: (039) 253 1996
Tel: (045) 932 1424
Tel: (043) 761 3151
Tel: (039) 254 0282
Tel: (047) 501 5600
Tel: (041) 582 4472
Tel: (045) 807 5400
Tel: (041) 992 4627
Free State
Bethlehem
Bloemfontein
Botshabelo
Ficksburg
Harrismith
Kroonstad
Petrusburg
Phuthaditjhaba
Sasolburg
Soshanguve
Temba Tel: (058) 303 5293
Tel: (051) 505 6201
Tel: (051) 534 3789
Tel: (051) 933 2299
Tel: (058) 623 2977
Tel: (056) 215 1812
Tel: (053) 574 0932
Tel: (058) 713 0373
Tel: (016) 970 3200
Tel: (012) 799 7400
Tel: (012) 717 9500
Gauteng North
Atteridgeville
Bronkhorstspruit
Garankuwa
Krugersdorp
Mamelodi
Pretoria Randfontein
Tel: (012) 386 5116
Tel: (013) 932 0197
Tel: (012) 702 4525
Tel: (011) 955 4420
Tel: (012) 805 5090
Tel: (012) 309 5050
Tel: (011) 693 3618
Gauteng South
Alberton Benoni Boksburg
Brakpan Carletonville
Germiston
Johannesburg
Kempton Park
Nigel
Randburg
Roodepoort
Sandton Sebokeng
Soweto Springs Vanderbijlpark
Vereeniging
Tel: (011) 861 6130
Tel: (011) 747 9601
Tel: (011) 898 3340
Tel: (011) 744 9000
Tel: (018) 788 3281
Tel: (011) 345 6300
Tel: (011) 497 3000
Tel: (011) 975 9301
Tel: (011) 814 7095
Tel: (011) 781 8144
Tel: (011) 766 2000
Tel: (011) 444 7631
Tel: (016) 592 3825
Tel: (011) 939 1200
Tel: (011) 365 3700
Tel: (016) 981 0280
Tel: (016) 430 0000
Private Security 15
KwaZulu-Natal
Dundee Durban Estcourt Kokstad Ladysmitah
Newcastle
Pietermaritzburg
Pinetown
Port Shepstone
Prospecton
Richards Bay
Richmond
Stanger Ulundi Verulam Vryheid Tel: (034) 212 3147
Tel: (031) 336 1500
Tel: (036) 352 2161
Tel: (039) 727 2140
Tel: (036) 638 1900
Tel: (034) 312 6038
Tel: (033) 341 5300
Tel: (031) 701 7740
Tel: (039) 682 2406
Tel: (031) 913 9700
Tel: (035) 780 8700
Tel: (033) 212 2768
Tel: (032) 551 4291
Tel: (035) 879 1439
Tel: (032) 541 5600
Tel: (034) 980 8992
Limpopo
Giyani Jane Furse
Lebowakgomo
Lephalale
Makhado
Modimolle
Mokopani
Phalaborwa
Polokwane
Seshego Thohoyandou
Tzaneen Tel: (015) 812 9041
Tel: (013) 265 7210
Tel: (015) 633 9360
Tel: (014) 763 2162
Tel: (015) 516 0207
Tel: (014) 717 1046
Tel: (015) 491 5973
Tel: (015) 781 5114
Tel: (015) 299 5000
Tel: (015) 223 7020
Tel: (015) 960 1300
Tel: (015) 306 2600
Mpumalanga
Baberton
Bethal Carolina Eerstehoek
eMalahleni
/ Witbank
Ermelo Groblersdal
Kwamhlanga
KaMhlushwa
Lydenburg
Tel: (013) 712 3066
Tel: (017) 647 5212
Tel: (017) 843 1077
Tel: (017) 883 2414
Tel: (013) 653 3800
Tel: (017) 819 7632
Tel: (013) 262 3150
Tel: (013) 947 3173
Tel: (013) 785 0010
Tel: (013) 235 2368
Middelburg
Nelspruit
Piet Retief
Sabie
Secunda Standerton
Volksrust
Tel: (013) 283 3600
Tel: (013) 753 2844
Tel: (017) 826 1883
Tel: (013) 764 2105
Tel: (017) 631 2594
Tel: (017) 712 1351
Tel: (017) 735 2994
Northern Cape
Calvinia De Aar Kimberley
Kuruman
Postmasburg
Springbok
Upington Tel: (027) 341 1280
Tel: (053) 631 0952
Tel: (053) 838 1500
Tel: (053) 712 3952
Tel: (053) 313 0641
Tel: (027) 718 1058
Tel: (054) 331 1752
North West
Brits
Christiana
Klerksdorp
Lichtenburg
Mafikeng
Mogwase
Potchefstroom
Rustenburg
Taung
Vryburg Tel: (012) 252 3068
Tel: (053) 441 2120
Tel: (018) 464 8700
Tel: (018) 632 4323
Tel: (018) 381 1010
Tel: (014) 555 5693
Tel: (018) 297 5100
Tel: (014) 592 8214
Tel: (053) 994 1710
Tel: (053) 927 5221
Western Cape
Beaufort West
Bellville Cape Town
George Knysna Mitchell’s Plain
Mossel Bay
Oudtshoorn
Paarl
Somerset West
Vredenburg
Worcester
Tel: (023) 414 3427
Tel: (021) 941 7000
Tel: (021) 468 5500
Tel: (044) 801 1201
Tel: (044) 382 3150
Tel: (021) 391 0591
Tel: (044) 691 1140
Tel: (044) 272 4370
Tel: (021) 872 2020
Tel: (021) 852 2535
Tel: (022) 715 1627
Tel: (023) 347 0152
(English) Layout and design by the Design Studio (Nontembiso Kgatle)
Directorate of Communication, Department of Labour.
Website: www.labour.gov.za
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