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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

9. Annual leave

 

(1) In this clause "annual leave cycle" means the period of 12 months employment with the same employer immediately following—
(a) an employee’s commencement of employment; or
(b) the completion of that employee’s prior leave cycle.

 

(2) The employer must grant an employee, at least 21 consecutive days annual leave paid in accordance with sub clause (14) below, in respect of each annual leave cycle.

 

(3) The leave entitlement for any employee who has completed three years uninterrupted employment with the same employer, shall be increased to by three additional days paid annual leave.
(a) As from the third year of effectiveness of this determination, 1 September 2017, this entitlement will come into effect after two years uninterrupted employment with the same employer.

[Sectoral Determination 6, clause 9(3)(a) amended by Notice No. R 3 of 2016, GG 39602 dated 18 January 2016]

 

(4) An employee is entitled to take leave accumulated in an annual leave cycle, in terms of sub clause (2), on consecutive days.

 

(5) An employer must grant, and an employee must take, annual leave not later than six months after the end of the annual leave cycle.

 

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

 

(7) Despite sub clause (6), an employer must permit an employee, at the employee’s written request, to take paid leave during a period of unpaid leave, subject to availability.

 

(8) An employer must pay an employee leave pay on the employee’s usual payday.

 

(9) An employer may reduce an employee’s entitlement to annual leave by the number of days of occasional leave, calculated at the employee’s rate of remuneration, granted to the employee at the employee’s request during that leave cycle.

 

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

 

(11) An employer may not require or permit an employee to work for the employer during any period of annual leave.

 

(12) Annual leave must be taken—
(a) in accordance with an agreement between the employer and the employee; or
(b) if there is no agreement in terms of sub clause 12(a), at a time determined by the employer in accordance with this section.

 

(13) An employer may not pay an employee instead of granting paid leave in terms of this clause, except—
(a) upon termination of employment; and
(b) in accordance with clause 23(9).

 

(14) An employer must pay an employee leave pay at least equivalent to the ordinary salary payable to the employee for the ordinary hours the employee would normally have worked during the period of annual leave, calculated at the employee’s rate of remuneration immediately before the beginning of the period of annual leave, as per the following formula:

 

"A"

X

 21 Consecutive days

7 days per week

=

"B"

 

Where—

"A" equals the number of ordinary hours normally worked by the employee per week, and
"B" equals the number of paid leave hours entitlement

 

(15) An employee who has become entitled to a period of leave prescribed in sub clause (1), read with sub clause (9), and whose employment terminates before such leave has been granted and been taken, shall, upon such termination, be paid the amount an employee would have received, in respect of the leave, had the leave been granted to the employee and taken by the employee as at the date of the termination, calculated in terms of sub clause (2).