# Regulatory Compliance Category > Labour Relations and Legislation Forum >  The attendance register

## Marq

For years now, (and it was considered ok by various inspectors in the past), we have had one employee, or now in our case the manager in charge, keep and tick the attendance register for all employees, which basically has the employees name, the days of the week and a place for notes on that day for each employee ands a block to tick them in. In the past I have had a s for sick and l for leave and h for here, type system.

Now the act says from what I can make out:-_



			
				Basic Conditions of Employment Act, 1997 (No. 75 of 1997) Chapter Four: Particulars of employment and remuneration
31. Keeping of records

1)       Every employer must keep a record containing at least the following information:
a)       The employee's name and occupation;
b)       the time worked by each employee;
c)       the remuneration paid to each employee;
d)       the date of birth of any employee under 18 years of age; and
e)       any other prescribed information.

2)       A record in terms of subsection (1) must be kept by the employer for a period of three years from the date of the last entry in the record.

3)       No person may make a false entry in a record maintained in terms of subsection (1).

4)       An employer who keeps a record in terms of this section is not required to keep any other record of time worked and remuneration paid as required by any other employment law.
			
		

_

Further info says:-_



			
				Form BCEA 3
Attendance register


(Section 31)

What is the purpose of this form?

This form is a record of attendance.

Who fills in this form?

The employee or if the employee is unable the employer.

Where does this form go?

Must be kept in employer’s possession.
			
		

_
Now on Monday, I get inspected ( yet again) and this system I am told is no good - I must use the prescribed form (which I now see is not prescribed only a template or model) and the employee must get involved.

So I pull out the template and put it in front of the employees and inform them that the inspector says they must fill it in. Eish........it is now thursday and no one has put pen to paper or shown an interest despite much enthusiasm from our side to show our employees that we are all for keeping in with the law and the inspectors wishes. Which he says, he is coming back to inspect shortly.

So the question is.........Is a basic page filled in by the employer with a tick to say he or she is at work adequate. The model suggests signing in and out for any breaks and meal times as well - which is just in our case, is plain ridiculous and a waste of another tree and time. Further the employee is not even interested in signing at the end of the month to say that the employer has recorded everything properly.

If one had a time problem with an employee who is always late, then I would say put in a special page for them with the times so that one could have a record for disciplinary purposes, otherwise if everybody is happy with the working hours and just gets on with it, what is the point of all this additional BS.

What thoughts are out there on this subject? Can I tell this 'inspector' to read the act and go away? (nicely of course) :Whistling:

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BBBEE_CompSpec (12-Nov-09), wynn (13-Nov-09)

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## sterne.law@gmail.com

Firstly you can use any form or template you wish.
You could point the good inspector to the if the employee is not able part.....
Perhaps a form of disclaimer in the time book and with contracts to the effect - operating hours are such and such, your time book will be marked accordingly. Should your times differ for whatever reason, you the employee are responsible to record it with a manager present. If you are not at work you will be marked absent until such time as you bring a sick note whereafter you will be recorded as having taken sick leave. etc,etc

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BBBEE_CompSpec (12-Nov-09), Marq (11-Nov-09)

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## Dave A

> Now on Monday, I get inspected ( yet again) and this system I am told is no good - I must use the prescribed form


So a clock card system is a no-no then?  :Whistling: 



> What thoughts are out there on this subject? Can I tell this 'inspector' to read the act and go away? (nicely of course)


My habit is to plead ignorance, slap down a copy of the act and ask them to show me the relevant section then and there. It's particularly fun when it is a Labour Relations Act issue - such a nice, thick document.  :Stupid:

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BBBEE_CompSpec (12-Nov-09), Marq (11-Nov-09)

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## Marq

This afternoon I get another 'labour inspector' telling me they are doing are a blitz in our area and she would like to do an inspection. So ask her if this is the same inspection that a Bongani did on Monday? Oh she says - there was someone here already? OK - and she went away. Then a while later I go out and she is standing on the otherside of the road still. So I ask her - Do they not have a list of the businesses in the area, properly allocated to inspectors so that there is no duplication and some sort of system. Eish...I dont know, came the reply, 'I'm just here in this area'.

So I figured from now on when any 'inspector' from any department comes round I will just tell them that a guy came round already and hopefully they will all go away. So far in the past six weeks I have had visits from the business licence inspector, the liquor license inspector, a tv license inspector, two labour inspectors, the building inspector (for a rates appeal scenario) and an inspector for telkom checking on a job they did here. Usually I have a problem with agents brokers and economists  - now I have added inspectors to that list.  Please tell me that there are no more inspectors out there.

Tax inspector :EEK!:  - puts up banishing pentagrams and pulls up drawbridge.

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BBBEE_CompSpec (12-Nov-09), Dave A (12-Nov-09)

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