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Table 1 Maximum permissible fines for violation (Schedule 2 of the BCEA, 1997)

From: Partial minimum wage compliance

Maximum permissible fine not involving underpayment
No previous violation R100 per employee
No previous violation in respect of the same provision of the Act R200 per employee
A previous violation the same year or two violations in respect to the same provision during the past 3 years R300 per employee
3 previous violations of the same provision within 3 years R400 per employee
4 previous violations of the same provision within 3 years R500 per employee
Maximum permissible fine involving underpayment
No previous violation 25% of the underpayment, including any interest owing on the amount at the time of the order
A previous violation of the same provision during the past 3 years 50% of the amount due including applicable interest
A previous violation of the same provision within a year, or 2 previous violations, or 2 previous violations of the same provision 75% of the amount due, including applicable interest
3 previous violations of the same provision during the past three years 100% of the amount due including applicable interest
3 previous violations of the same provision during the past three years 200% of the amount due including applicable interest
  1. Fines not involving underpayment have been amended (Department of Labour 2014) but the figures above are those that relate to the period in question