Intellectual Property Rights from Publicly Financed Research and
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 7 : Domestic Worker Sector, South AfricaPart E : Leave19. Annual leave |
| (1) | An employer must grant a domestic worker— |
| (a) | at least three weeks annual leave on full pay in respect of each 12 months of employment (the 'annual leave cycle') ; |
| (b) | by agreement, at least one day of annual leave on full pay for every 17 days on which the domestic 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 domestic worker worked or was entitled to be paid. |
| (2) | An employer must grant a domestic worker an additional day of paid leave if a public holiday falls on a day during a domestic worker's annual leave on which the domestic worker would otherwise have worked . |
| (3) | An employer may reduce a domestic worker's entitlement to annual leave by the number of days of occasional leave on full pay granted to the domestic worker at the domestic worker's request in that annual leave cycle. |
| (4) | An employer must grant— |
| (a) | at least three weeks annual leave on full pay in respect of each 12 months of employment (the 'annual leave cycle') not later than six months after the end of the annual leave cycle or the year in which the leave was earned; |
| (b) | the leave earned in one year over a continuous period, if requested by the domestic worker. |
| (5) | Annual leave must be taken— |
| (a) | in accordance with an agreement between the employer and employee; 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 an employee to take annual leave during— |
| (a) | any other period of leave to which the employee is entitled in terms of this Chapter; or |
| (b) | any period of notice of termination of employment. |
| (7) | An employer may not require or permit a domestic worker to work for the employer during any period of annual leave. |
| (8) | An employer may not pay a domestic worker instead of granting paid leave in terms of the clause except on termination of employment in terms of clause 25. |
| (9) | An employer must pay a domestic worker leave pay at least equivalent to the full pay the domestic worker would receive for working for a period equal to the period of leave calculated on the basis of the domestic worker's rate of pay immediately before the period of leave. |
| (10) | Leave pay in terms of clause (9) must be calculated on the basis of the domestic worker's rate of pay immediately before the period of leave . |
| (11) | An employer must pay a domestic worker leave pay before the beginning of the period of leave. |
