Section 6
Inspection of documents, substances, etc.
—
(1)
The Director may—
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(a)
require the employer to produce before him all or any of the employees employed by him together with any contracts of service, books of account of wages, registers and other documents relating to the employees or their employment and to answer such questions in respect of the employees or their employment as he may think fit to ask;
[Sub. Act A1237.]
(b)
take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes;
(c)
copy or make extracts from the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment;
(d)
take possession of the contracts of service, books of account of wages, registers and other documents relating to the employees or their employment where, in his opinion—
(i)
the inspection, copying or the making of extracts from the contracts of service, books of account of wages, registers or other documents cannot reasonably be undertaken without taking possession of them;
(ii)
the contracts of service, books of account of wages, registers or other documents may be interfered with or destroyed unless he takes possession of them; or
(iii)
the contracts of service, books of account of wages, registers or other documents may be needed as evidence in any legal proceedings under this Ordinance.
[Ins. Act A1237.]
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(2)
Notwithstanding paragraph (a) of subsection (1), no employee shall be required to leave or to cease from performing any work on which he is engaged if his absence or cessation from such work would endanger life or property or seriously disrupt any operation being carried on by his employer.
[Ins. Act A1237.]
Power of summons and institution of proceedings 7.—
(1)
Whenever the Director has reasonable grounds for suspicion that any offence against this Ordinance or any rule made hereunder has been committed or is about to be committed or wishes to inquire into any matter concerning terms and conditions of employment or any other matter relating to employer and worker dealt with under the provisions of this Ordinance or any rule made hereunder, the Director may summon any person who he has reason to believe can give information respecting the subject-matter of the inquiry, and the person so summoned shall be legally bound to attend at the time and place specified in the summons and to answer truthfully all questions which the Director may put to him.
The Director may issue to the employer such order as may be necessary or expedient to resolve the matters dealt with under subsection (1).
[Ins. Act A1237.]
(2)
If the Director is of opinion that an offence has been committed or that any complaint is well founded he may institute such criminal proceedings as he shall deem necessary in the circumstances.
(3)
A summons issued under this section shall be in such form as may be prescribed.
[Ins. Act A1237.]