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

Notices

Bargaining Council for the Metal and Engineering Industries

Main Collective Agreement

Part 1 : Conditions of Employment

13. Additional Paid Leave

 

(1) Subject to subclause (3), an employee qualifying after the date of coming into operation of this Agreement for his fourth or subsequent consecutive paid leave deriving from continuous employment with the same employer as provided for in terms of clause 12(3) of this Part of this Agreement shall, at that date and each year thereafter, whilst in the employ of the same employer, at the option of the employee, be entitled to an extra week’s paid leave at the employer’s convenience or to the equivalent value thereof; Provided that by mutual arrangement between the employer and the employee—
(a) the paid leave referred to in clause 12(3) of this Part of this Agreement may be extended by an extra week; or
(b) the extra week’s paid leave may be deferred from the year of qualification and accumulated by the employee until he qualifies for three such weeks’ paid leave.

 

(2) Whenever the employer and the employee come to the arrangement provided for in subclause (1)(b) and the employee has qualified for three such extra weeks’ paid leave (hereinafter referred to as ‘the accumulated paid leave’), the employer shall grant and the employee shall take the accumulated paid leave when he is given and takes the paid leave provided for in clause 12(3) of this Part of this Agreement, unless the employer and the employee agree to the accumulated paid leave being taken at a different time, in which case the employer shall enable the employee to take the accumulated paid leave in the period before he next qualifies for paid leave.  Should the employee fail to take the accumulated paid leave within such period, the employer shall, upon the employee proceeding on the next paid leave in terms of clause 12(3), pay out the equivalent value of the accumulated leave forthwith to the employee, whereupon his title thereto shall cease.

 

(3) Where an employee qualifying for his fourth period of paid leave in terms of subclause (1) was in the employ of the employer concerned for part only of the qualifying period for the first period of paid leave, he shall be entitled to a proportion of the extra week’s paid leave or the equivalent value thereof pro rata to the leave qualification completed with that employer in respect of the first period of paid leave. On qualification for any subsequent consecutive period of paid leave the provisions of subclauses (1) and (2) shall mutatis mutandis apply.

 

(4) Upon the termination of the employment of an employee who has become entitled to but has not yet received the equivalent value of the additional period of paid leave provided for in this clause, he shall be paid for such extra paid leave as he has qualified for and not received: Provided that when the employment of such an employee terminates during his fourth or subsequent consecutive years of continuous employment with the same employer, he shall, according to whether the establishment works a six-day week or a five-day week, be paid for the additional leave pay pro rata to the number of shifts worked, subject to the provisions of subclause (3) above.