Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)Main Collective Agreement12. Annual Leave and Payment |
| (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. |
(2)
| (a) | Every employee shall, in each year of employment with the same employer or establishment, be entitled to and be granted three consecutive weeks" leave of absence, on full pay, reckoned at the wage the employee was receiving the week immediately prior to proceeding on leave. |
| (b) | The total amount of days per year an employee is entitled to, shall be in accordance with the days the employee works per week. |
| (c) | An employee who has completed five or more consecutive years" service with the same employer or in the same establishment shall be granted 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. |
| (d) | In addition to sub clause (2) (a) & (c) above, all employees earning personal service commission must be paid 25% thereafter of the average personal service commission earned during the proceeding 12 months when taking leave. |
(3)
| (a) | An employee whose service are terminated before the completion of one month"s employment with an employer or establishment shall not be entitled to any leave pay for this period. |
| (b) | 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. |
| (4) | 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 three months after completion of each 12 months of employment, and such an employee shall then absent himself from the employer"s place of business during the period of such leave. |
| (5) | For the purpose of this clause, 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 latter; |
(6)
| (a) | For the purpose of this clause, employment shall be deemed to include |
| (b) | any period during which the employee is on leave in terms of the provisions of this clause; or |
| (c) | is absent from work on the instructions or at the request of the employer; or |
| (d) | is absent from work owing to illness or accident, not exceeding any period of absence owing to illness or accident in excess of 30 days in any 36 months cycle or 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 |
| (e) | is absent from work owing to maternity leave; |
| (7) | An employer must not pay an employee instead of granting leave, except on termination of employment. |
| (8) | This clause shall not apply to hourly employees. |