Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Main Collective AgreementDivision A : Provisions Applicable to all Establishments in the IndustryClause 5 : Leave5.1 Annual Leave and Accrued Leave Pay(1) Definitions |
For the purposes of this clause:—
| (a) | "leave cycle" means the period during which an employee earns three week's leave in terms of subclause (2) of this clause; |
| (b) | the terms "employment" and "shift" shall be deemed to include— |
| (i) | shifts which are of shorter duration than those permitted in terms of this Agreement, because— |
| (aa) | the employee arrived late at his place of work, but such lateness did not exceed half-an-hour; or |
| (bb) | short-time was worked; or |
| (cc) | such shorter shifts were worked with the permission of the employer; |
| (ii) | shifts that the employee concerned normally would have worked but did not work because he was— |
| (aa) | absent on paid leave in terms of this Agreement; |
| (bb) | absent from work on the instructions or at the request of his employer; |
| (cc) | absent from work owing to sickness or accident amounting in the aggregate to a period not exceeding 30 days in any leave cycle; |
| (dd) | absent from work on any public holidays referred to in clause 9.6 of this Division: |
Provided that an employee who after the expiration of his annual leave terminates his employment by desertion shall have no claim in respect of subparagraph (b)(i) of this definition;
| (c) | "remuneration" means an employee’s wages as defined in this Agreement, plus any bonus regularly paid to the employee, the amount of such bonus being deemed to be the average amount received by or accrued to an employee in respect of the period of 13 weeks immediately preceding the date the employee goes on annual leave or terminates his employment, or if a period of less than 13 weeks has been worked, the average amount received by or accrued to an employee in respect of the number of weeks actually worked. |
Provided that in respect of a motor vehicle salesperson and supply salesperson, "remuneration" for the purposes of calculating accrued leave pay shall mean an employee’s wage as defined in the Agreement, plus any commission on sales regularly pad to the employee, the amount of such commission being deemed to be the average amount received by or accrued to an employee in respect of the period of 52 weeks immediately preceding the date the employee goes on annual leave or terminates his employment, or if a period of less than 52 weeks has been worked, the average amount received by or accrued for an employee in respect of the number of complete weeks actually worked.
[Note - A "bonus" regularly paid to an employee in terms of this definition does not include commission].