Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter IX : Obligations of employers81. Employer to keep record |
| (1) | An employer shall keep a register or other record of the earnings and other prescribed particulars of all their employees, and shall at all reasonable times produce a manual or electronic form of such register or record or a microfilm or other microform reproduction thereof on demand to the person referred to in section 7 and Chapter XA for inspection. |
[Section 81(1) substituted by section 50 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]
| (2) | An employer shall retain the register, record or reproduction referred to in subsection (1) for a period of at least five years after the date of the last entry in that register or record. |
[Section 81(2) substituted by section 50 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]
| (3) | An employer who fails to comply with a provision of this section shall be guilty of an offence and be liable to a penalty not exceeding 10 per cent of actual or estimated annual assessments for the period for which the employer failed to keep the record as required by this section. |
[Section 81(3) substituted by section 50 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]
| (4) | Any authorised person in terms of this Act shall have the right to inspect, and where appropriate bring to the attention of the Commissioner, any register, record or document which the employer shall maintain, keep or complete in terms of this Act. |
[Section 81(4) substituted by section 50 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]