Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter VI : Determination and calculation of compensation and assessment of disablement64. Certain compensation to employers prohibited |
| (1) | Any employer who deducts from the earnings of an employee any amount or receives any amount from him or her to compensate the employer directly or indirectly for any amount which the employer is liable to pay in terms of this Act, shall be liable to a penalty specified in subsection (2). |
[Section 64(1) substituted by section 36 of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 1 April 2026 per (c) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (2) | The Commissioner shall, in addition to any penalty he or she may impose, direct the employer to pay to the Commissioner within a specified period and in instalments or otherwise as the Commissioner may determine, such amount as he or she has received contrary to the provisions of subsection (1). |
| (3) | The Commissioner shall pay the amount received by him or her in terms of subsection (2) to the employee from whose earnings that amount has been deducted or from whom the amount has been received. |
| (4) | Upon request by the employer the Commissioner may at any time, on good cause shown, extend the period within which the amount referred to in subsection (2) is payable or amend the amount of the instalments. |
| (5) | The provisions of section 93E shall apply with necessary alterations to an employer who does not comply with the provisions of this section. |
[Sections 64(2) to (5) substituted by section 36 of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]