(1)
(a) Every employer shall grant to his employees during December in each year:
| (i) |
in the case of an employee with less than 12 completed months" service with the same employer, two consecutive weeks and four days" leave; |
| (ii) |
in the case of an employee with more than 12 completed months" service with the same employer, three consecutive weeks" leave and shall not be paid less than three weeks’ wages as annual leave pay; |
| (iii) |
An employee who at the end of a leave cycle or at the date of termination of service, has worked less than 12 completed months during that specific leave cycle, shall be paid a pro rated value of the amount specified in either paragraph 1 (a) (i) or 1 (a) (ii), depending on which is applicable. |
Every employee shall be paid not later than the last working day before the commencement of such leave.
| (b) |
Every employer shall grant to a watchman paid leave of not less than three consecutive weeks to commence during December in each year, and shall be paid not later than the last working day before the commencement of such leave. A watchman who at the end of a leave cycle or at the date of termination of service has worked less than 12 completed months during that specific leave cycle shall be paid an amount on a pro rate basis, depending on the months worked: Provided that— |
| (i) |
The period of such leave shall not be concurrent with any period during which the employee is under notice of termination of employment. |
| (ii) |
If any public holiday referred to in subclause 8.2 (1) falls within the period of such leave, such public holiday shall be added to the said period as a further period of leave and the employee shall be paid in respect of such public holiday not later than the first pay-day following resumption of work or on the date of termination of services, whichever is the earlier, an amount equal to the wage would have earned had he on such public holiday worked his daily average ordinary working hours. |
| (c) |
An employer may by agreement with his employees allow for two consecutive weeks" leave, inclusive of public holidays, to be taken in the period of December and January each year with the balance to be taken before the end of June of the following year. |
Every employee shall be paid the total wage owed for the periods specified in paragraphs 1 (a) and 1 (b), not later than the last working day before the commencement of such periods of leave.
The terms of any such agreement reached by an employer with his employees shall be referred, for the purposes of the record, to the Council.
| (2) |
On termination of employment, the employer shall pay the employee the amount of leave allowance due as at the date of such termination, calculated as provided in subclause 8.1 (1): Provided that where an employee is required to forfeit a week"s wages in lieu of notice to an employer in terms of the provisions of subclause 9.1 (4) of this part of the Agreement, the leave pay due to such an employee may be used to offset the difference between the wages accrued to the employee and the wage to be forfeited, provided the accrued wages are less than the amount of the wage to be forfeited: Provided further that the amount so forfeited shall not exceed one week"s wages. |
| (3) |
Employment for half a month or over shall be reckoned as employment for a full month for the purposes of calculating the leave allowance payable in terms of subclause 8.1 (1) and 8.1 (2). "Half a month" shall mean any period of 15 consecutive calendar days (irrespective of working days). |
| (4) |
The amount of the leave allowance payable in terms of subclauses 8.1 (1) and 8.1 (2) shall be calculated at the rate of remuneration which the employee was receiving immediately prior to the date from which his holiday is granted or on which his employment is terminated, as the case may be, and the provisions of subclause 6.10 (6) shall also apply where work is being done on a piece work basis of remuneration. |
| (5) |
Any period during which an employee— |
| (a) |
is on leave in terms of subclause 8.1 (1); or |
| (b) |
is absent from work on the instructions or at the request of his employer; or |
| (c) |
is absent from work owing to illness or confinement; shall be deemed to be employment for the purposes of subclauses 8.1 (1) and (2): Provided that the provisions of paragraph (c) shall not apply in respect of any period of absence owing to illness of more than three consecutive days, if the employee fails, after a request for such a certificate by the employer, to submit to the employer, a certificate from a medical practitioner that he was prevented by illness from doing his work or in respect of that portion of any total period of absence during any 12 months of employment which is in excess of 30 days. |
| (6) |
In this clause the expression "employer" includes— |
| (a) |
in the case of the death of an employer, the executor of his estate or his heir or legatee; and |
| (b) |
in the insolvency of an employer or the liquidation of his estate, or the transfer or sale of his business, the trustee or liquidator or the new owner of the business; |
If such executor, heir legatee, trustee, liquidator or new owner continues to employ that employee.
South African Council for Educators Act, 2000
