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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Textile Bargaining Council: Extension to Non-parties of the Main Collective Agreement

Part 2

Annexures

Annexure E: Carpets Subsector

D. Leave

20. Annual Leave

 

20.1 In this part, "annual leave cycle" means the period of 12 months' employment with the same employer immediately following—
20.1.1 an employee's commencement of employment; or
20.1.2 the completion of that employee's prior leave cycle;
20.2 an employer must grant an employee at least—
20.2.1 21 consecutive days annual leave on full remuneration in respect of each annual leave cycle; or by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid;
20.2.2 by agreement, one hour of annual leave on full remuneration for every 17 hours on which the employee worked or was entitled to be paid;
20.3 an employee is entitled to take leave accumulated in an annual leave cycle in terms of clause 20.2 on consecutive days;
20.4 an employer must grant annual leave not later than six months after the end of the annual leave cycle;
20.5 an employer may not require or permit an employee to take annual leave during—
20.5.1 any other period of leave to which the employee is entitled, or
20.5.2 any period of notice of termination of employment;
20.6 notwithstanding clause 20.5, an employer must permit an employee, at the employee's written request, to take leave during a period of unpaid leave;
20.7 an employer may reduce an employee's entitlement to annual leave by the number of days of occasional leave on full remuneration granted to the employee at the employee's request in that leave cycle;
20.8 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;
20.9 an employer may not require or permit an employee to work for the employer during any period of annual leave;
20.10 annual leave must be taken—
20.10.1 in accordance with an agreement between the employer and employee;
20.10.2 or if there is no agreement in terms of clause 20.10.1, at a time determined by the employer in accordance with this section;
20.11 an employer may not pay an employee instead of granting paid leave in terms of this section except—
20.11.1 on termination of employment; or
20.11.2 in accordance with section 40(b) and (c) of the Basic Conditions of Employment Act, No. 75 of 1997 [as amended],
20 12 additional one day "Special leave" applicable to all employees in the bargaining unit, subject to the following condition:
20.12.1 that the taking of the one day's extra "special leave" be agreed at plant level between the Shop Stewards and Management;
20.12.2 this extra day is only applicable for the period up to 30 June 2017;