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

Notices

Bargaining Council for the Meat Trade, Gauteng

Main Collective Agreement to Non-Parties

11. Annual Leave

 

(1)
(a) Every employee, other than an employee referred to in paragraph (b), who has completed one or more consecutive years' employment in the same establishment or with the same owner shall be given—
(i) 21 consecutive days leave of absence on full pay on completion of each year of employment, or
(ii) by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid;
(iii) by agreement, one hour of annual leave on full remuneration for every 17 hours on which the employee worked or was entitled to be paid: Provided that where an employee has been employed by any group of companies, close corporations or partnerships in which there is a director/directors, member/members or partners, the Council may direct that such employment be deemed to be employment with a single establishment;
(b) An employee who has completed 10 or more consecutive years' employment in the same establishment or with the same owner shall be given—
(i) 28 consecutive days leave of absence on the completion of each year of employment, or
(ii) by agreement, one day of annual leave on full remuneration for every 13 days on which the employee worked or was entitled to be paid;
(iii) by agreement, one hour of leave on full remuneration for every 13 hours on which the employee has worked or was entitled to be paid: The proviso to paragraph (a) above shall apply in respect of this paragraph.

 

(2) In the case of an employee who has completed any qualifying period of employment, leave of absence shall be calculated from the date of employment or from the date the employee's last annual leave had accrued to him: Provided that if a public holiday occurs while an employee is on leave, such public holiday shall be added to the said period as a further period of leave on full pay.

 

(3) The time when annual leave is to be taken is to be fixed by the employer and, if the employer has not granted leave due to an employee at an earlier period, such leave shall commence within one month after the termination of a year's service.

 

(4) Annual leave may not run concurrently with any period of sick leave as provided in terms of clauses 12 or with any period of notice of termination of employment in terms of clause 15 of this Agreement.

 

(5) Upon termination of employment, an employer shall pay his employee—
(a) full pay in respect of accrued annual leave at the remuneration the employee was receiving when his leave became due but which had not been granted before termination of employment; and be calculated as follows:
(b) in the case of an employee referred to subclause (1)(a), weekly wages divided by four and multiplied by the amount of months of employment in the same establishment or with the same owner, calculated from the date of the employee's last qualifying period of annual leave; or
(c) in the case of an employee referred to subclause (1)(b), weekly wages divided by three and multiplied by the amount of months of employment in the same establishment or with the same owner, calculated from the date of the employee's last qualifying period of annual leave.

 

(6) For the purposes of this clause, the expression "employment" includes any period or periods during which an employee is—
(a) absent from work on leave in terms of subclause (1);
(b) absent from work on the instructions or at the request of his employer;
(c) absent from work on sick leave in terms of clause 12 of this Agreement;
(d) absent from work with the consent or condonation of his employer;
(e) absent from work on maternity leave: Provided that in the case of paragraphs (a), (b), (c) and (d) such absence may not exceed 10 weeks.

 

(7) Every employer shall pay an employee to whom leave has been granted in terms of subclause (1), his pay in respect of the period of leave, not later than the last working day before the commencement of the employee's leave.

 

(8) No employee may perform any work in any trade or occupation while on annual leave granted in terms of this Agreement.

 

(9) Notwithstanding anything to the contrary contained herein, an employer who is required to grant an employee annual leave in terms of subclause (1) may require such employee to accept payment in lieu of six work days of his annual leave entitlement.