Schedule 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--

    1. 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;
    2. 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 R100 per employee in respect of whom the failure to comply occurs
A previous failure to comply in respect of the same provision R200 per employee in respect of whom the failure to comply occurs
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 R300 per employee in respect of whom the failure to comply occurs
Three previous failures to comply in respect of the same provision within three years R400 per employee in respect of whom the failure to comply occurs
Four previous failures to comply in respect of the same provision within three years R500 per employee in respect of whom the failure to comply occurs

Table Two: Maximum Permissible Fine Involving an Underpayment
No previous failure to comply 25% of the amount due, including any interest owing on the amount at the date of the order
A previous failure to comply in respect of the same provision within three years 50% of the amount due, including any interest owing on the amount at the date of the order
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 75% of the amount due, including any interest owing on the amount at the date of the order
Three previous failures to comply in respect of the same provision within three years 100% of the amount due, including any interest owing on the amount at the date of the order
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