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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part A : Monitoring and Enforcement

70. Limitations

 

A labour inspector may not issue a compliance order in respect of any amount payable to an employee as a result of a failure to comply with a provision of this Act or the National Minimum Wage Act, 2018, if—

(a) [Section 70(a) deleted by section 14 of Notice No. 1302, GG 42059, dated 27 November 2018];
(b) the employee earns in excess of the threshold prescribed by the Minister in terms of section 6(3);
(c) any proceedings have been instituted for the recovery of that amount in the CCMA or a court, unless those proceedings have been withdrawn; or
(d) that amount has been payable by the employer to the employee for longer than 36 months before the date on which a complaint was made to a labour inspector by or on behalf of the employee or, if no complaint was made, the date on which a labour inspector first endeavoured to secure a written undertaking by the employer in terms of section 68 or issued a compliance order in terms of section 69.

 

[Section 70 substituted by section 14 of Notice No. 1302, GG 42059, dated 27 November 2018]