S.L. 452.82 Art. 12Offences.

Without prejudice to the proviso to sub-regulation (8) of regulation 7, any person contravening the provisions of these regulations shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than one hundred and seventeen euro (€117) and not more than one thousand, one hundred and sixty-five euro (€1,165): Provided that in the institution of criminal proceedings in terms of the Act, where the employer is convicted of:

(a) having failed to pay the posted worker in terms of regulation 5(1)(c);

(b) having unduly withheld back-payments, refund of taxes or social security contributions from the posted worker’s salaries; or

(c) having withheld or deducted from the posted worker’s salaries excessive costs for accommodation, the court shall, at the request of the prosecution, besides awarding the punishment imposed by this regulation, order the offender, on proof of the amount, to refund or pay to the posted worker the said amount due by him:

Provided further that nothing in this regulation shall derogate from any right of the posted worker to recover by any other means any amount due to him, including in terms of regulation 9.

SCHEDULE

(regulation 10)

The activities mentioned in regulation 10 include all building work relating to the construction, repair, upkeep, alteration or demolition of buildings, and in particular the following work:

1. excavation 2. earthmoving

3. actual building work 4. assembly and dismantling of prefabricated elements 5. fitting out or installation

6. alterations 7. renovation 8. repairs

9. dismantling 10 demolition 11. maintenance

12. upkeep, painting and cleaning work 13. improvements