| (1) | This clause does not apply to employers and employees in Sugar Cane and Forestry In-Field Operations. |
| (2) | Schedule 5 to this Agreement sets out the minimum amount payable as a cross border allowance. |
| (3) | A cross border allowance— |
| (a) | must be paid to employees who, in the performance of their duties, cross the borders of South Africa and are absent from their place of residence and their employer's establishment for any period extending over the compulsory rest interval of nine consecutive hours prescribed in clause 6(1); |
| (b) | is in addition to any other remuneration due to an employee; |
| (c) | is payable within seven days of completion of the journey to which it relates; |
| (d) | is payable in advance to an employee who is required to undertake a journey involving an absence of 48 hours or more. In this event, the duration of absence must be estimated and the employee must refund to the employer any overpayment of the allowance on completion of the journey. |
| (e) | The employer is entitled to recover, any unused portion of such allowance at the next pay date following the employee's return from the trip to his place of residence or employer's establishment. In addition, should an employee complete more trips than planned, the relevant cross border allowance shall apply and will be paid to the employee at the next pay date. |
| (4) | An employee who qualifies for and receives a cross border allowance is not entitled to a night shift allowance or a subsistence allowance. |
[Clause 36B inserted by clause 6 of Notice No. 426, GG 42312, dated 15 March 2019]
