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

Sectoral Determinations

Sectoral Determination 12 : Forestry Sector, South Africa

Part E : Leave

24. Annual leave

 

(1) An employer must grant a forestry worker—
(a) at least three weeks (21 consecutive days) leave on full pay in respect of each twelve months of employment (the ‘annual leave cycle’); or
(b) by agreement, at least one day of annual leave on full pay for every 17 days on which the forestry worker worked or was entitled to be paid; or
(c) by agreement, one hour of annual leave on full pay for every 17 hours on which the forestry worker worked or was entitled to be paid.

 

(2) An employer must grant a forestry worker an additional day of paid leave if a public holiday falls on a day during a forestry worker’s annual leave on which the forestry worker would otherwise have worked.

 

(3) An employer may reduce a forestry worker’s entitlement to annual leave by the number of days of occasional leave on full pay granted to the forestry worker at the forestry worker’s request in that annual leave cycle.

 

(4) An employer must grant—
(a) the annual leave not later than six months after the end of the annual leave cycle in which leave was earned;
(b) The leave earned in one year over a continuous period, if requested by the forestry worker.

 

(5) Annual leave must be taken—
(a) in accordance with an agreement between the employer and the forestry worker; or
(b) if there is no agreement in terms of paragraph (a), at a time determined by the employer in accordance with this section.

 

(6) An employer may not require or permit a forestry worker to take annual leave during—
(a) any other period of leave to which the forestry worker is entitled in terms of this Part E; or
(b) any period of notice of termination of employment.

 

(7) An employer may not require or permit a forestry worker to work for the employer during any period of annual leave.

 

(8) An employer may not pay a forestry worker instead of granting paid leave in terms of the clause except on termination of employment in terms of clause 29.

 

(9) An employer must pay a forestry worker leave pay at least equivalent to the remuneration the forestry worker would have received for working for a period equal to the period of leave, calculated at the forestry worker’s wage immediately before the beginning of the period of leave.

 

(10) An employer must pay a forestry worker leave pay before the beginning of the period of leave or, by agreement, on the forestry worker’s usual pay day.