Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Ten : Monitoring, Enforcement and Legal proceedingsPart A : Monitoring and Enforcement70. Limitations |
A labour inspector may not issue a compliance order in respect of any amount payable to an employee as a result of a failure to comply with a provision of this Act or the National Minimum Wage Act, 2018, if—
| (a) | [Section 70(a) deleted by section 14 of Notice No. 1302, GG 42059, dated 27 November 2018]; |
| (b) | the employee earns in excess of the threshold prescribed by the Minister in terms of section 6(3); |
| (c) | any proceedings have been instituted for the recovery of that amount in the CCMA or a court, unless those proceedings have been withdrawn; or |
| (d) | that amount has been payable by the employer to the employee for longer than 36 months before the date on which a complaint was made to a labour inspector by or on behalf of the employee or, if no complaint was made, the date on which a labour inspector first endeavoured to secure a written undertaking by the employer in terms of section 68 or issued a compliance order in terms of section 69. |
[Section 70 substituted by section 14 of Notice No. 1302, GG 42059, dated 27 November 2018]