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

Notices

Bargaining Council for the Metal and Engineering Industries

Consolidated 2021/2025 Plastic Industry Main Collective Agreement

Chapter 3

12. Leave Pay

 

(1) Leave payments provided for in this section shall, subject to (a), (b) and (c) hereof, be computed at the hourly rate as defined in this Agreement which the employee is receiving or entitled to receive on the date of qualification for his paid leave.  Leave will be equal to the number of shifts an employee is required to work during a 3 week cycle. Employees will for the first 12 months of his/her employment qualify for 1 days leave every 17 shifts worked.
(a) The leave pay of an employee who takes leave on the date on which he becomes entitled thereto, or who takes leave within four months from the date on which he becomes entitled thereto, as provided for in sub-clause (2)(f), shall be calculated at the rate applicable as at the date on which he became entitled to such leave:
(i) Provided that if the employee’s leave is deferred at the request of the employer and is taken within four months from the date of qualification, the employee shall be paid his leave pay calculated at the rate applicable on the date on which he proceeds on leave; and
(ii) Provided further that if any statutory increase occurs during the period between the qualification date and the date of return from leave, his leave pay shall, not later than seven days after he has returned from leave, be adjusted retrospective from the date of coming into force of such increase.
(b) The leave pay of an employee in respect of whom an exemption has been granted and at his own request to take his leave after the four-month period provided for in sub-clause (2)(f), shall, subject to the conditions contained in the certificate of exemption, be calculated at the rate applicable on the date on which the employee became entitled to leave: Provided that for purposes of this calculation, the rate applicable shall, subject to subparagraphs (i) and (ii) hereof, include such statutory increase which came into effect subsequent to the date on which the employee qualified for leave.
(c) The leave pay of an employee whose leave, at the request of the employer and after exemption has been applied for and been granted is postponed beyond the four-month period provided for in sub-clause (2)(f), subject to the conditions contained in the certificate of exemption, be calculated at the rate applicable on the date on which the employee actually proceeds on leave.  If any statutory increase occurs whilst the employee is on leave, the employer shall, not later than seven days after the employee has returned from leave, adjust the leave pay by the amount of such increase retrospectively from the date on which such increase became effective.

 

(2) Every employee with more than 12 month's service shall be entitled under this Agreement to three consecutive weeks’ paid leave subject to the following conditions:
(a) The qualification for the paid leave shall be number of shifts ordinarily worked in a three week cycle, exclusive of overtime actually worked. Provided that—
(i) employment with the same employer for less than 25 shifts, shall count for the paid leave provided that an employee whose employment is terminated after he has worked 17 shifts, shall be credited for purposes of paid leave, with the number of shifts he has actually worked for that employer; provided further that where an employee's service is broken in terms of this proviso and he resumes work for the same employer he shall, if he has not worked for another employer in the interim, be credited for purposes of paid leave with the total number of shifts worked for such employer;
(ii) periods of absence on account of sickness totalling not more than 26 shifts, in any one qualifying period for paid leave, shall count for the paid leave: Provided that an employer shall be entitled to call upon the employee for a medical certificate in proof of cause of absence.  Periods of absence on account of an accident arising out of and in the course of the employee’s employment and periods claimed against the Sick Pay Fund shall not count for leave purposes if it has been determined that such accident falls under the Compensation for Occupational Injuries and Diseases Act, 1993, and/or the periods of absence is covered by the Sick Pay Fund are not counted for purposes of paid leave and shall be the period of disablement contemplated by the said Act and/or Sick Pay Fund;
(iii) Periods of absence on account of family responsibility leave shall not count towards paid leave; and
(iv) Periods of absence to attend the training or perform the functions as a trade union representative or office bearer shall count for paid leave, subject to adherence to all the requirements contained in Clause 32(5 & 7) of this agreement;
(b) An employee's leave shall include at least three week-ends and be for one unbroken period.
(c) Should an employee proceed on leave, the employer shall, for each public holiday which falls within the employee’s period of leave and which otherwise would have been an ordinary working day for such an employee extend the leave period by one working day with full pay.
(d) Payment  for each such public holiday as contemplated in 12(2)(c) above shall be paid to the employee in a manner as provided for in clause 7 (Payment for Public Holidays) of this Agreement by his employer on his ceasing work to go on leave or in such manner as agreed between the employer and the employee.
(e) Application for the leave shall be made by an employee within one month of the date on which he becomes entitled thereto.
(f) The leave shall be granted by the employer so as to commence within a period of four months of the date on which the leave is due.
(g) An employee shall be entitled to and shall take his leave within a period of six months from the date on which the leave is due, unless exemption has been granted.
(i) No employee shall engage in any employment for gain during the period of his leave. When an employee takes his paid leave, the monies payable to him for the purpose shall be paid to him, in the manner provided for in section 6 of this Agreement, by his employer on his proceeding on leave.

 

(3) If the employment of an employee terminates before he becomes entitled to paid leave in terms of subsection (2), he shall be paid leave pay on a pro rata basis i.e. one (1) shift leave for every 17 shifts worked.