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HR 101 – What to do When . . . You Are Not Sure About Workmen’s Compensation – Part 4

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Please note that this pertains to South African Labour and Best Practice requirements.

Well, here we are and it is crunch time. The registration is complete, the documents all sent in, the business assessed and it is all over – bar for the paying of course. Well you didn’t think that this was all going to happen for free, did you?

So here’s what happens next:

You pay within the required 30 days – no problem, except that you get to repeat the whole exercise all over again next year, but at least you can relax for a whole year.

You don’t have the money to pay: Well here, as in most aspects of life, there is a consequence or two or even several. This is what can, but is not limited to what will happen:-

• The Commission may impose a fine on you (the employer)
• In the instance that an employee has an accident and the assessment has not been paid, the Commission may, in addition to the original fine, impose an additional fine that is equal to the payment that would have been payable to the employee.

If you (the employer) still do not pay the assessment or the subsequent fines, the Commission is entitled to take legal action against you by approaching the Magistrates Court in order to obtain the monies due. The Magistrate has the power to impose an additional fine as well as a prison sentence not exceeding one year.

As you can see from the above, this is serious business. Therefore, if for whatever reason you cannot pay it all upfront, it is in your best interests to obtain permission to pay the money off in instalments.

Should you have any additional queries, it may be a good idea to contact the Commission directly or seek assistance from a Labour Attorney.

Next week we tackle a brand new subject.