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

Notices

Bargaining Council for the Furniture Manufacturing Industry

Extension to Non-Parties of the Main Collective Agreement

Chapter 1

13. Holiday Bonus Fund
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13.1Every employer shall pay over monthly to the Council, on the specified form, by not later than the 10th day of the month following the month to which it relates, in respect of every employee Holiday Bonus Fund monies as prescribed in ADDENDUM 1.
13.2Guarantees submitted in respect of Holiday Bonus Fund:
13.2.1 Every employer who supplies the Council with an acceptable guarantee for the total of his assessed maximum annual commitments under this clause shall, without in any way limiting his liability towards his employees, be granted an exemption from making payment to the Council in the manner specified: provided that the exemption shall be subject to such terms and conditions made applicable thereto by the Council from time to time and subject to payment of the Exemption Fee as referred to in clause 11.2.15 above.
13.2.2Every employer shall submit a monthly statement as specified in clause 13.1 above in respect of all his employees.  Should the services of any employee, be terminated during the month, a statement as prescribed together with the amount due in respect of Holiday Bonus Fund monies for the period employed between October of the current year and September the following year shall be submitted to the Council. Should the services of no employees be terminated during the month, the Council shall be notified on the specified form.
13.2.3The employer shall submit to the Council not later than 10 November of each year a statement in the form prescribed reflecting all particulars of all employees who are in the employ of the employer as at 30 September who are to be paid by him in terms of this clause.
13.2.4By not later than 23 December of each year, the employer shall submit to the Council a statement as prescribed reflecting the actual monies paid out in respect of the Holiday Bonus Fund monies to all his employees together with payment of monies not paid out.

 

13.3Holiday Bonus Fund monies shall be paid by the employer to his employees between 7 December and 13 December of each year, failing which the employer shall pay a penalty equal to 1 month's interest of 15% per annum to the Council on the amount paid late to his employees.

 

13.4Holiday Bonus Fund contributions received by the Council shall be paid by the Council to employees whose contracts of employment have been terminated during the course of a contribution year, within 2 months after such termination date.

 

13.5If an employee receives his Holiday Bonus Fund monies between the 7th and the 13th of December and the employee is absent from his workplace immediately after payment has been received with no valid medical certificate, the specific employee will only be entitled to  be paid his  Holiday  Bonus  Fund monies on the  last working  day  of the establishments next annual closure date.

 

13.6Holiday Bonus Fund monies shall be paid to the  employee by means of electronic transfer to the employee's bank account or any legal payment method in favour of the employee.

 

13.7Administration of the Fund
13.7.1 The Holiday Bonus Fund shall be administered by the Council  and  all expenses incurred in connection with the administration of the Holiday Bonus Fund shall form a charge against the Council.
13.7.2All monies paid to the Holiday Bonus Fund shall be invested as provided for in terms of section 53(5) of the Act and any interest accruing from such investment shall accrue to the general funds of the Council in consideration of the Council's administration of the Fund. The Council shall keep a record of each employee in respect of whom payments are made in terms of this clause and the amount paid to the employee.
13.7.3The Holiday Bonus Fund monies shall be paid to employees concerned to serve as a holiday bonus on the following basis: Each employee shall be paid a holiday bonus equal to the amount deposited into the Holiday Bonus Fund in respect of him during the year ending on the last pay week of September each year.
13.7.4Any employee employed continuously during the year from the first pay week in October of the previous year to the last pay week in September of the current year shall receive Holiday Bonus Fund monies during December of that year calculated in accordance with the formula reflected in ADDENDUM 1 of the prevailing Collective Agreement.
13.7.5Holiday Bonus Fund monies which remain  unclaimed for  a period of two years from the date on which they become payable shall accrue to the general funds of the Council: Provided that the Council shall be liable for payment from the Council's general funds of any Holiday Bonus  Fund monies due and claimed during a further period of three years after such accrual to the Council's general funds. Should the Council be dissolved within either of the periods mentioned herein, such monies shall finally accrue to the general funds of the Council three months after the date of such dissolution. However, if any claim for Holiday Bonus Fund monies is proved successfully by an applicant while the Council is still in existence, it shall remain obliged to pay that Holiday Bonus Fund monies.