Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Electrical Industry of South AfricaExtension to Non-parties of the Main Collective AgreementPart llClause 7 - Leave Bonus |
The criteria to qualify for a leave bonus is set out in sub clauses 1 to 4
| (1) | Any period of employment prior to the date of coming into operation of this Agreement shall count as part of the qualifying period in terms of sub-clause (6). |
| (2) | An employee shall not be entitled to receive a leave bonus in terms of this clause unless the employee has completed 200 shifts in the current leave cycle with the same employer and is in service at the time that the bonus is due and payable. |
| (3) | Notwithstanding the provisions of sub-clauses (2) and (7), no employee for whom wages are prescribed in this Agreement shall be entitled to a leave bonus if he has absconded or is dismissed following a fair disciplinary inquiry or who has failed to complete 235 shifts with the same employer during his first year of service: Provided that an employee who has completed 235 shifts with the same employer, but who resigns, absconds or is dismissed before his annual leave is granted to him, shall be paid the leave bonus due in terms of sub-clause (6). |
(4)
| (a) | Periods of absence on account of sickness aggregating not more than 18 shifts in any one qualifying period for the leave bonus shall count as shifts for the leave bonus requirement of sub-clause 2: Provided that an employer shall be entitled to call upon the employee for a medical certificate as proof of cause of absence. |
| (b) | Periods of absence on account of an accident arising out of and in the course of the employee's employment shall count for leave bonus purposes if such accident has been admitted as falling within the provisions of the Compensation for Occupational Injuries and Diseases Act, 1993, and the periods of absence counting for purposes of the leave bonus shall be the periods of disablement admitted by the said Act. |
The criteria to calculate the leave bonus is set out in sub clauses 5 to 7
(5)
| (i) | Every employee for whom wages are prescribed in this agreement shall be entitled to the equivalent of 16 days remuneration for purposes of leave bonus calculation provided that all employees that are already enjoying a better benefit will retain the benefit on condition that they stay with the same employer. |
| (ii) | The first period of sick leave or unauthorised leave within a 10-week cycle shall not affect the leave bonus payable. Thereafter each additional day of sick leave or unauthorised leave within a period of 10 weeks shall reduce the (16) sixteen days used for leave bonus calculation purposes by (1) one day for each day absent. |
| (6) | Any employee whose category changes from a lower to a higher category during any leave cycle shall, on qualifying for leave, receive a leave bonus calculated on a pro rata basis on the number of days completed in each category. |
| (7) | An employer shall pay an employee whose services are terminated as a result of a no-fault dismissal; a pro rata leave bonus in accordance with the following formula: |
