Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter IX : Obligations of employers83. Assessment of employer |
| (1) | Subject to the provisions of this section, an employer shall be assessed or provisionally assessed by the Director-General according to a tariff of assessment calculated on the basis of such percentage of the annual earnings of his, her or its employees as the Director-General with due regard to the requirements of the compensation fund for the year of assessment may deem necessary. |
[Section 83(1) substituted by section 30(a) of Act No. 61 of 1997]
[Section 83(1) amended issue by Director-General by Notice No.134 of 2021, GG44331, dated 25 March 2021: An increase of the Minimum Assessment to R1284 in terms of S83(1)]
[Section 83(1) amended issue by Director-General by Notice No.361 of 2021, GG44722, dated 17 June 2021: Introduction of a Minimum Assessment of R381 specific to the Domestic sector in terms of S83(1)]
| (2) | Notwithstanding subsection (1), the Director-General may— |
| (a) | assess a particular employer or category of employers on such other basis as he may deem equitable; |
| (b) | levy a minimum assessment in respect of a particular employer or category of employers. |
| (3) | In determining the tariff of assessment the Director-General shall provide for the capitalised value of pensions. |
| (4) | For the purposes of this section earnings shall be calculated in the prescribed manner. |
| (5) | If the earnings actually paid by an employer in respect of a particular period differ from the earnings shown in respect of that period in the return concerned, the Director-General shall adjust his assessment accordingly. |
| (6) | If an employer fails to furnish the Director-General within the prescribed period with a return in terms of section 82 in respect of a particular period, the Director-General may— |
| (a) | assess the employer on the basis of the earnings estimated in accordance with section 82(5); |
[Section 83(6)(a) substituted by section 30(b) of Act No. 61 of 1997]
| (b) | impose upon and recover from the employer a fine not exceeding 10 per cent of the amount so assessed. |
| (c) | where it later appears that the actual earnings were more than the earnings estimated under paragraph (a), recover the difference in the assessment from the employer, and may impose and recover a fine on such difference as contemplated in paragraph (b); and |
[Section 83(6)(c) inserted by section 30(c) of Act No. 61 of 1997]
| (d) | where it later appears that the actual earnings were less than the earnings estimated under paragraph (a), make the necessary adjustment. |
[Section 83(6)(d) inserted by section 30(c) of Act No. 61 of 1997]
| (7) | An assessment of an employer shall be paid at such time and in such manner as the Director-General may determine. |
| (8) | The Minister may, on the recommendation of the Director-General and after consultation with the Board, prescribe by notice in the Gazette a maximum amount of earnings on which an assessment of an employer shall be calculated by the Director-General. |
[Section 83(8) substituted by section 30(d) of Act No. 61 of 1997]