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

Notices

Motor Industry Bargaining Council (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 5: Leave

5.1 Annual Leave and Accrued Leave Pay

(2) Annual Leave

Purchase

(a)	Three weeks’ leave

Subject to the provisions of subparagraph (b) of this clause, three consecutive weeks leave on full pay shall be granted to all employees, including apprentices and trainees undergoing training under the Skills Development Act 97 of 1998 as amended, who have completed the period of continuous employment with the same employer, as set out in the schedule below, since the date of their engagement or from the date on which their previous annual leave fell due, whichever is the later.

(b)	Four weeks’ leave

Subject to the provisions of (1)(b)(ii) of this clause, four weeks' leave on full pay shall be granted to all employees who on or after 1 December 1990 have completed 8 or more periods of continuous employment with the same employer, as set out in the schedule below, since the date of their engagement, subject to the following conditions:

(i)	Chapter III employees only

Provided that in the case of establishments registered under Chapter III of Division C of this Agreement, the annual leave shall be 4 weeks leave on full pay after 5 years of service. This provision will be effective as from 25 September 2007 and will not impact on the accrued years of service and/or leave cycle.

(ii)	All employees in the Industry

(aa)	Annual leave may be split by mutual Agreement between the employer and employee, provided that no intimidation is exercised to obtain such an Agreement;

(bb)	the provisions of this clause relating to accrued leave pay, shall apply mutatis mutandis in the case of employees who qualify for four weeks' annual leave:

SCHEDULE

(i)	Weekly-paid employees, other than general workers employed at a parking garage exclusively on the duties connected with night parking services—

(aa)	normally working a five-and-a-half day week: 313 shifts, excluding overtime;

(bb)	normally working a five-day working week: 261 shifts, excluding overtime.

(ii)	Monthly paid employees and general workers employed at a parking garage exclusively in the duties connected with night parking services: 12 months.