Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Regulations

Regulations under the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 13 of 1993), as amended

1. Calculation of earnings [section 83 (4)]

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The earnings of an employee shall be the remuneration that he/she receives from his/her employer or that accrues to him/her and includes—

(a)The value of any food or quarters or both supplied by the employer.
(b)Any overtime payment or other special remuneration in cash or in kind of a regular nature or for work ordinarily performed;
(c)Any other remuneration in cash or kind to an employee by virtue of his/her contract or service, including commission, cost of living allowance, and incentive or other bonuses,

but does not include—

(i)Payment for intermittent overtime;
(ii)Payment for non-current occasional services;
(iii)Amounts paid by an employer to an employee to cover any special expenses;
(iv)Exgratia payment whether by the employer or any other person;
(v)Travelling and subsistence allowances.