Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)SchedulesSchedule Two : Maximum Permissible Fines that may be Imposed for Failure to Comply with this Act |
| 1. | This Schedule sets out the maximum fine that may be imposed in terms of Chapter Ten for a failure to comply with a provision of this Act. |
| 2. | The maximum fine that may be imposed— |
| (a) | for a failure to comply with a provision of this Act not involving a failure to pay an amount due to an employee in terms of any basic condition of employment, is the fine determined in terms of Table One or Table Two; |
| (b) | involving a failure to pay an amount due to an employee, is the greater of the amount determined in terms of Table One or Table Two. |
Table One: Maximum Permissible Fine not Involving an Underpayment
No previous failure to comply
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R300 per employee in respect of whom the failure to comply occurs
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A previous failure to comply in respect of the same provision
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R600 per employee in respect of whom the failure to comply occurs
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A previous failure to comply within the previous 12 months or two previous failures to comply in respect of the same provision within three years
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R900 per employee in respect of whom the failure to comply occurs
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Three previous failures to comply in respect of the same provision within three years
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R1200 per employee in respect of whom the failure to comply occurs
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Four previous failures to comply in respect of the same provision within three years |
R1500 per employee in respect of whom the failure to comply occurs |
[Table One substituted by section 17 of Act No. 20 of 2013]
Table Two: Maximum Permissible Fine Involving an Underpayment
No previous failure to comply
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25% of the amount due, including any interest owing on the amount at the date of the order
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A previous failure to comply in respect of the same provision within three years
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50% of the amount due, including any interest owing on the amount at the date of the order
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A previous failure to comply in respect of the same provision within a year, or two previous failures to comply in respect of the same provision within three years
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75% of the amount due, including any interest owing on the amount at the date of the order
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Three previous failures to comply in respect of the same provision within three years
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100% of the amount due, including any interest owing on the amount at the date of the order
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Four previous failures to comply in respect of the same provision within three years |
200% of the amount due, including any interest owing on the amount at the date of the order |