The Department of Labour and Pensions (DLP) was established in 2012, to oversee the employer compliance aspects of the work previously undertaken by both the Department of Employment Relations and the National Pensions Office primarily focusing on Labour and Pension compliance within the Private Sector. This Department is intended to provide a more effective one-stop shop for all labour and pensions services and enable a system of proactive workplace inspections to be instituted. This will promote compliance with both Labour and Pensions legislation while at the same time causing good employers minimum inconvenience.
The DLP has a Director of Labour and Pensions who is assisted by a Deputy Director (Labour) and a Deputy Director (Pensions)/Superintendent of Pensions. The Deputy Director (Labour) oversees the Labour Investigations Unit and the Deputy Director (Pensions)/Superintendent of Pensions oversees the Pensions Investigations Unit. Both Deputies are responsible for recommending prosecutions for non-compliance with the Act and for assisting the Director of Public Prosecutions with prosecutions in criminal court.
The Labour and Pensions Inspections Unit, which is headed by the Head of Inspections, deals mainly with proactive workplace inspections that are seeking compliance with any and all labour and pensions-related legislation. In the first instance, this will mean the various components of the Labour Act and the employer compliance aspects of the National Pensions Act. Where an infringement has been established and the employer refuses to remedy the infraction, or where an offence has been committed under the Labour Act or under the National Pensions Act, the Head of Inspections will refer the infraction or offence to the relevant Deputy. These would include infractions such as non-payment of overtime or gratuities or non-payment of contributions to a pension plan.
This Unit will contribute to the training of private sector employers on all areas of the Labour Act and the National Pensions Act in an effort to continually improve employers’ understanding of the Act as well as their compliance.
The administration of Labour and Pensions by the Department is to be governed by the Labour Act (2011 Revision) and the National Pensions Act (2012 Revision).
The Pensions Investigations Unit, of the Department of Labour and Pensions and formerly the Office of the Superintendent of Pensions, was established by section 79 of the National Pensions Act (2012 Revision) (“the NPL”).
Section 79 (2) of the NPL (2012 Revision), also establishes the responsibility of the Superintendent. Following the passage and implementation of the National Pensions (Amendment) Bill, 2016 this will now be the responsibility of the Director of the Department of Labour and Pensions. The section states:
The Superintendent [Director] is the chief administrative officer of the [National Pensions] Board and shall exercise the powers and perform the duties that are vested in or imposed upon the Superintendent [Director] by this Act and the regulations.
The National Pensions Board is established under section 78 of the NPL (2012 Revision).
Based on the proposed amendments to the NPL (2012 Revision) from the National Pensions (Amendment) Bill, 2016, the Board has the following duties under section 80 of the NPL-
Last Updated 2021-02-11