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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Main Collective Agreement

Terms and Conditions that will apply nationally

21. Leave

 

21.1 Annual Leave

 

21.1.1 Annual leave shall fall due on the first working day after completion of each leave cycle.

 

21.1.2 An  Employer must grant annual leave equal to the number of days the Employee would ordinarily have worked within a two-week period, not later than six months after the annual leave cycle. Should there be any leave days outstanding after this period; it must be paid to the Employee. subject to the provisions of clause 21.1.3 below.

 

21.1.3 Should the Employee refuse to take annual leave when instructed by the Employer, the leave will be forfeited, six months after the leave cycle.

 

21.1.4 Annual leave shall be taken:
21.1.4.1 in accordance with an agreement between the Employer and Employee; or
21.1.4.2 if there is no agreement in terms of 21.1.3.1, at a time determined by the Employer.

 

21.1.5 An Employer and Employee may not enter into an agreement in terms of which the Employee forfeits leave against payment by the Employer save:
21.1.5.1 on termination of the Employee's employment; and
21.1.5.2 in accordance with sections 40(b) and (c) of the Basic Conditions of Employment Act, 1997.

 

21.1.6 In the event of an Employee's death, all leave pay accrued to the Employee at that point in time, shall be paid into the Employee's estate.

 

21.1.7 An Employer may not require or permit an Employee to work during annual leave.

 

21.1.8 Annual leave may not run concurrently with notice of termination of employment or sick leave.

 

21.2 Maternity Leave

 

21.2.1 No Employer may require or permit any female Employee to work during the period commencing 4 (four) weeks prior to the expected date of birth and ending 13 (thirteen) weeks after the date of birth ("maternity leave").

 

21.2.2 An Employer shall:—
21.2.2.1 not be obliged to pay an Employee during maternity leave;
21.2.2.2 be obliged to allow an Employee to resume her employment if she reports for duty no later than 13 weeks after the date of birth.

 

21.2.3 Notwithstanding the aforesaid, no Employee may resume her employment, prior to a 6 (six) week period after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.

 

21.3 Union leave

 

21.3.1 As per each Area below.