Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)Main Collective AgreementPart 4 : Benefit Funds28. Administrative provisions on payments out of the Leave Pay Fund and the Holiday Pay Bonus Fund |
| (1) | An employer must each year, at least 15 days before the completion of an employee's annual leave cycle prescribed in clause 18(1) complete in triplicate a Leave Pay Advice Voucher in the form specified by the Council for this purpose (Annexure A6), and— |
| (a) | retain one copy; |
| (b) | hand one copy to the employee; |
| (c) | forward one copy to the National Secretary of the Council together with any Leave Pay Fund contributions in respect of that employee for the relevant annual leave cycle that have not been paid to the Council; and |
| (d) | occasional Leave Pay Fund applications must reach Council at least 5 working days before the employee commences on leave. |
| (2) | Payment of leave pay by the Council, is subject to— |
| (a) | the employee completing the annual leave cycle referred to in clause 18 (1); |
| (b) | the Council holding money to the credit of the employee in the leave Pay Fund; and |
| (c) | the employer lodging an application for payment with the National Secretary of the Council in accordance with sub clause (1). |
| (3) | On receipt of an application in terms of this clause, the Council must pay an amount equal to the leave pay contributions received by the fund during the annual leave cycle for that employee. |
| (4) | The payment of leave pay must be made when the employee proceeds on leave, either— |
| (a) | to the employee directly; or |
| (b) | with the agreement of the employee and the employer, to the employer for onward payment to the employee. |
| (5) | Council must pay a holiday pay bonus (13th cheque) to each employee during December of each year, subject to— |
| (a) | the Council holding money to the credit of the employee in the holiday pay bonus fund. |