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

Sectoral Determinations

Sectoral Determination 6 : Private Security Sector, South Africa

6. Annual bonus

 

(1) An employer shall pay to every security officer, for each month that the employee was paid or entitled to be paid in respect of each completed 12 months of service with such employer, an annual bonus, subject to the conditions of sub clauses (2) and (3) below, calculated as follows:

 

(A x 12) - (B x C)

12

[Sectoral Determination 6, clause 6(1) amended by Notice No. R 3 of 2016, GG 39602 dated 18 January 2016]

 

Where

A = Security officer’s monthly salary at the date upon which the bonus is payable

B = Security officer's hourly equivalent rate of pay at the date upon which the bonus is payable

C = The number of hours worked short due to absenteeism and/or latecoming; i.e. unauthorised absenteeism

 

Provided that—

(i) only unauthorised hours of absence shall be used in determining the figure "C" in the above formula
(ii) any period of approved absence, including but not limited to, annual leave, sick leave, maternity leave, study leave, family responsibility leave and protected industrial action shall not be used to reduce the bonus payable in terms of this clause, and
(ii) any employee who is scheduled to perform duties as a spare and is not utilised for that shift should suffer no detriment for the duration of the shift in the accumulation of his/her annual bonus.

 

(2) The annual bonus shall be paid on the anniversary of the security officer’s date of employment with the employer unless the employer and a representative trade union and/or the security officer mutually agree in writing upon another date.

 

(3) The annual bonus shall be calculated as per sub clause (1) at the ordinary salary rate as at the date that the annual bonus falls due and paid to the security officer as per sub clause (2).

 

(4) In the event that the employee’s contract of employment ends before the end of any subsequent 12 month cycle with the same employer for any reason other than resignation or dismissal for misconduct, poor performance not related to incapacity for ill health, the employee must receive a prorated share of the bonus for the period of the year that he or she has worked.