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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRA

Areas

Area B

21. Leave

Purchase

21.1	Annual leave and payment

21.1.1

Whenever a public holiday falls within the period of annual leave, such holiday shall be added to the said period as a further period of leave of absence on full pay.

21.1.2

Every Employee shall, in each year of employment with the same Employer or Establishment, be entitled to and be granted 3 (three) consecutive weeks' leave of absence, on full pay, reckoned at the wage the Employee was receiving the week immediately prior to proceeding of leave.

21.1.3

The total amount of days per year an Employee is entitled to, shall be in accordance with the days the Employee works per week.

21.1.4

An Employee who has completed 5 (five) or more consecutive years' service with the same Employer or in the same Establishment shall be granted 4 (four) consecutive weeks' leave of absence on full pay, reckoned at the wage the Employee was receiving the week immediately prior to proceeding on leave. The total amount of days per year such an Employee is entitled to shall be total amount of days such an Employee works per week multiplied by four.

21.1.5

In addition to clause 21.1.2, all Employees earning personal service commission must be paid 25% (twenty-five percent) thereafter of the average personal service commission earned during the preceding 12 (twelve) months when taking leave, calculated in accordance with the example set forth in annexure "E".

21.1.6

An Employee whose service is terminated before the completion of 1 (one) month's employment with an Employer or Establishment shall not be entitled to any leave pay for this period.

21.1.7

Upon termination of an Employee's employment, his Employer shall pay him his full remuneration in respect of all leave accrued to him but was not granted to him before the date of termination of his employment.

21.1.8

The Employer shall fix the time when such leave shall be taken, but if the Employer has not granted to an Employee his period of leave at an earlier date, such leave shall be taken and shall commence within 3 (three) months after completion of each 12 (twelve) months of employment, and such an Employee shall then absent himself from the Employer's place of business during the period of such leave.

21 1.9

For the purpose of this clause 21.1, employment shall be deemed to commence from the date on which the Employee last became entitled to annual leave or the date of engagement, whichever is the later.

21.1.10

For the purpose of this clause 21.1, employment shall be deemed to include:—

21.1.10.1

any period during which the Employee is on leave in terms of the provisions of this clause 21.1; or

21.1.10.2

is absent from work on the instructions or at the request of the Employer; or

21.1.10.3

is absent from work owing to illness or accident, not exceeding any period of absence owing to illness or accident in excess of 30 (thirty) days in any 36 (thirty-six) months cycle or 2 (two) consecutive days; provided that if requested by Employer, the Employee produce a certificate by a medical practitioner that he was prevented by illness or accident from doing his work; or

21.1.10.4

is absent from work owing to maternity leave;

21.1.11

An Employer must not pay an Employee instead of granting leave, except on termination of employment.

21.1.12

This clause 21 shall not apply to hourly Employees.

21.2	Family Responsibility Leave

21.2.1

This clause 21.2 applies to an Employee who has been in employment with an Employer for longer than 2 (two) months; and who works for at least 3 (three) days a week for that Employer.

21.2.2

An Employer must grant an Employee, during each annual leave cycle, at the request of the Employee, 7 (seven) day's paid leave, which the Employee is entitled to take:—

21.2.2.1

when the Employee's child is born ;

21.2.2.2

when the Employee's child is sick;

21.2.2.3

in the event of the death of an immediate family member only.

21.2.3

Before paying an Employee leave in terms of this clause 21.2, an Employee may require reasonable proof of the event contemplated above.

21.2.4

An Employee's unused entitlement to leave in terms of this clause 21.2 lapse at the end of the annual leave cycle in which it accrues.

21.2.5

Paternity leave- an Employer shall grant a male Employee, during each annual leave cycle, at the request of the Employee, 7 (seven) days paid leave, which the Employee is entitled to take when the Employee's child is born.

21.3	Maternity Leave

21.3.1

The provisions of the SPF Rules shall apply to maternity leave in this Area.

21.4	Sick Leave

21.4.1

The provisions of the SPF Rules shall apply to sick pay in this Area.

21.5	Union Leave

21.5.1

Every Employer shall give to any of its Employees who are representatives or alternates on the Council, every reasonable facility to attend their duties in connection with the work of the Council.