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

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

8. Leave

8.2 Public Holidays

Purchase

(1)	Public holidays shall be granted in terms of the Public Holidays Act, 1994 (Act No. 36 of 1994):

(a)	New Year"s Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers" Day, Youth Day, National Women"s Day, Heritage Day, Day of Reconciliation, Christmas Day, Day of Goodwill and any other day declared to be a public holiday under section 2A of the Public Holidays Act, 1994.

(b)	All public holidays are on full pay: Provided that—

(i)	whenever an employee works on any of these days, his employer shall pay him remuneration at a rate of not less than his ordinary remuneration in respect of the total period worked on such day, in addition to the remuneration to which he would have been entitled had he not so worked;

(ii)	any public holiday shall be exchangeable for any other day which is fixed by agreement or agreed to between an employer and an employee.

(iii)

Whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday.

(c)	In the event of any of the public holidays referred to in paragraph (a) of this subclause falling on a Saturday, the employer shall pay to each of his employees, not less than their ordinary wage payable in respect of the period ordinarily worked by his employees on a week day.

(2)

No work shall be performed after 13:00 on the day immediately preceding Good Friday and the employees shall be granted the afternoon off and shall receive for such afternoon full pay in respect of the hours normally worked on Thursday afternoons: Provided that where work is performed on such afternoon the employees shall in addition to their ordinary wages be paid at overtime rates for all time worked after 13:00 on that day: Provided further that the provisions of this subclause shall not apply in respect of an employee who is absent from work during the morning work period of the day immediately preceding Good Friday.

(3)

(a)

Notwithstanding anything contained in this part of the Agreement, any establishment may be closed for any reason other than short time during any period of work specified for the establishment in terms of subclause 7.1 (1) of this part of the Agreement by mutual arrangement between the employer and not less than 75 per cent of the employees affected by such closing.

(b)	Whenever an employee is not required to work resultant on the closing of an establishment by mutual arrangement, in terms of paragraph (a), a deduction pro rata to the hours not worked may be made from the amounts payable in terms of this part of the Agreement.

(4)	For the purposes of this subclause, employment shall be deemed to commence from—

(a)	the date on which the employee entered the employer"s service; or

(b)	the date on which the employee last became entitled to annual leave or absence; whichever may be the later.