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

Notices

Motor Industry Bargaining Council (MIBCO)

Main Collective Agreement

Division A : Provisions Applicable to all Establishments in the Industry

Clause 6 : Additional Holiday Pay & Holiday Bonus

6.3 Additional Holiday Pay for Apprentices

Purchase

(1)	Every employer shall in respect of every apprentice and trainee undergoing training under the Skills Development Act, 1981, employed by him pay additional holiday pay for each week of employment as follows:

(a)	In the case of apprentices who have entered into three year contracts of apprenticeship:

(i)	from 7 February 2011 to 31 August 2011:

For the first year of contract	R30,26
For the second year of contract	R37,51
For the third year of contract	R46,10

(ii) For the period 1 September 2011 to 31 August 2012:

For the first year of contract	R33,59
For the second year of contract	R37,51
For the third year of contract	R51,17

(iii) For the period 1 September 2012 to 31 August 2013:

For the first year of contract	R36,95
For the second year of contract	R33,19
For the third year of contract	R37,51
For fourth year of contract	R46,10

(b)	In the case of apprentices who have entered into four year contracts of apprenticeship:

(i) from 7 February 2011 to 31 August 2011:

For the first year of contract	R30,26
For the second year of contract	R33,19
For the third year of contract	R37,51
For fourth year of contract	R46,10

(ii) For the period 1 September 2011 to 31 August 2012:

For the first year of contract	R33,59
For the second year of contract	R36,84
For the third year of contract	R41,64
For fourth year of contract	R51,17

(iii) For the period 1 September 2012 to 31 August 2013:

For the first year of contract	R36,95
For the second year of contract	R40,52
For the third year of contract	R45,80
For fourth year of contract	R56,29

(i)

where an apprentice and trainees undergoing training under the Skills Development Act, 1981, receives or is entitled to receive wages for less than 23 hours in the aggregate in any week, no additional holiday pay shall be payable on behalf of such employee in respect of that week, unless such lesser wages are attributable to absences from work—

(aa)	owing to sickness or accident not exceeding in the aggregate 30 days in any year;

(ab)	because of short-time where permission has been granted; or

(ii)

where in any leave cycle an apprentice and trainees undergoing training under the Skills Development Act, 1981, has been absent from work through illness or accident for 30 days, his employer may reduce the additional holiday pay by one fifth of the weekly amount payable in respect of each further day of absence through illness or accident.

(2)

Subject to the provisions of subclause (3) of this clause, the amounts payable in terms of subclause (1) of this clause shall be remitted by the employer monthly, but not later than the 10th day of the month immediately following that to which such amounts refer, together with a written statement of the names of the employees concerned and the amount of the additional holiday pay being sent for each such employee to the secretary of the Regional Council in whose area of jurisdiction the establishment is situated.

[Note:

1.	Forms prepared specifically for the inclusion of the details required by this subclause are obtainable on application from the secretary of the Regional Council concerned.

2.	Notwithstanding the provisions of subclause (2), an employer may apply to the Regional Council concerned for an exemption in terms of which such additional holiday pay may be paid direct to the employee when he proceeds on annual leave.]

(3)

In cases where an apprentice and trainee undergoing training under the Skills Development Act, 1981, has been absent from work for the reasons specified in subclause (1)(i)(aa) and (ab), the additional holiday pay payable in terms of subclause (1) of this clause shall be paid by the employer direct to the beneficiary on each payday falling within his period of absence.

(4)

The additional holiday pay payable in terms of subclause (1) of this clause shall be payable to apprentices and trainees undergoing training under the Skills Development Act, 1981, when they proceed on annual leave, and application for it shall be lodged with the Regional Secretary concerned at least two weeks before the beneficiary's leave is due to commence.

(5)	Subject to the provisions of clause 7.1(4) of Division A of this Agreement, no deductions from additional holiday pay shall be made as a set-off against any moneys which may be owing to the employer.

(6)

Should any amount due in terms of this clause not be received by the Council by the 15th day of the month following the month in respect of which it is payable, the employer shall pay interest on such amount or on such lesser amount as remains unpaid, calculated at the rate prescribed in Clause 21 of the Administrative Agreement, from such 15th day until the day upon which payment in cash is actually received by the Regional Council concerned: Provided that a Regional Council shall be entitled in its absolute discretion to waive the payment of such interest or part thereof.