Table 1 Maximum permissible fines for violation (Schedule 2 of the BCEA, 1997)
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 3Â years | R300 per employee |
3 previous violations of the same provision within 3Â years | R400 per employee |
4 previous violations of the same provision within 3Â 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 3Â 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 |