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 Collective Agreement in terms of Sec 32(2) of the LRA

Areas

Area C

21. Leave

Purchase

21.1	Annual Leave

21.1.1

"Annual leave cycle" means the period of 12 (twelve) month's continuous employment with the same Employer immediately following an Employee's commencement of employment or the completion of that Employee's prior leave cycle.

21.1.2

At the anniversary of the Employee's annual leave cycle, the Employee is entitled to and must be granted 21 (twenty-one) consecutive days leave, which equates to 3 (three) weeks, less any occasional leave which may been taken by agreement during the annual leave cycle, provided that the minimum period of continuous leave of absence is not less than 2 (two) weeks.

21.1.3

Employees who worked 10 (ten) years for the same Employer/Establishment, to receive a once off 1 (one) week leave in addition to the current annual agreement.

21.1.4

If a public holiday falls within the leave period, an additional day must be added as a further period of leave on full pay.

21.1.5

Annual leave must be taken within 4 (four) months after the end of the annual leave cycle in accordance with an agreement between the Employer and Employee or if there is no agreement, at a time determined by the Employer, but within the said 4 (four) months.

21.1.6

Only by prior written agreement may the period of leave be shortened to 1 (one) week or 2 (two), subject to all the annual leave being taken within 4 (four) months of the anniversary.

21.1.7

Where the services of any Employee are terminated for any reason, any balance of accrued/outstanding leave must be paid to the Employee together with his last salary in accordance with the conditions pertaining to the payment of remuneration.

21.1.8

Where the Employee is on a straight basic salary, leave pay must be calculated on the Employee's current basic salary.

21.1.9

No Employer may permit or require any Employee to work in the Hairdressing Trade, whether for remuneration or not, and no Employee shall be permitted to work in the hairdressing trade whether for remuneration or not, during the period of annual leave granted to/taken by such Employee.

21.1.10

Annual leave shall not run concurrently with notice of termination of employment.

21.1.11

Annual leave shall not run concurrently with sick leave, save where an Employee is already on annual leave and falls ill, but no additional sick pay payable.

21.2	Family Responsibility Leave

21.2.1

An Employer must grant an Employee during each calendar year, at the request of the Employee, up to 3 (three) days' paid Family Responsibility Leave, which the Employee is entitled to take:—

21.2.1.1

when the male Employee's child is born;

21.2.1.2

when the Employee's dependent child is sick, or

21.2.1.3

in the event of the death of the Employee's spouse or life partner, parent, adopted parent, grandparent, child, adopted child, grandchild of sibling.

21.2.2

Family responsibility leave applies only to an Employee who has been in employment for longer than 4 (four) months and who works for at least 4 (four) days a week.

21.2.3

An Employee may take family responsibility leave in respect of the whole or part of a day.

21.2.4

An Employer must pay an Employee the Employee's basic daily wage for each day that the Employee is entitled to paid Family Responsibility Leave, on the Employee's usual payday.

21.2.5

Before paying an Employee for Family Responsibility Leave, an Employer may require satisfactory proof in the form of a child's birth certificate or of the death certificate in the case of the death of a family member.

21.2.6

Family Responsibility leave is non-transferable and is non-accumulative.

21.3	Sick Leave

21.3.1

The provisions of the SPF rules shall apply to sick pay in this Area.

21.4	Union Leave

21.4.1

Every Employer must give Employees who are representatives or office bearers of the party trade union/s or who participate on the Council, every reasonable facility to attend to their duties which may arise from their work on the Council or as a result of their office within the trade union.