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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Six: Employee Benefit Schemes

30. Holiday and Bonus Fund
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(1)The Holiday and Bonus Funds are hereby continued and shall continue to be administered by the Council for the purpose of providing eligible employees with leave and bonus pay for the annual leave period in terms of clause 37.

 

(2)Monies contributed to the Funds by employers shall be vested as provide for in terms of section 53(5) of the Act.

 

(3)Every employer shall pay the contribution to the Council by the 7th of each month following the month for which the contributions are due.

 

(4)The Council shall determine a date before the commencement of the annual leave period in terms of clause 37 upon which eligible employees shall receive payment of the amount standing to their credit in the Holiday and Bonus Funds: Provided that no payment shall be made from the Holiday and Bonus Funds—
(a)In respect of benefits contributed by an employer after 31 October each year, which benefits shall be deemed to have been issued during the following year;
(b)In respect of more than 245 daily benefits in any single year ending on 31 October of that year;
(c)If an employee fails to claim the value of the benefits within 6 (six) months of the commencement of the annual leave period, unless the Council in its discretion decides otherwise, in which event the value of the benefits shall accrue to the general funds of the Council;
(d)In respect of deductions made in respect of an employee's Holiday and Bonus Fund entitlement in terms of clause 39(3);
(e)Subject to the provisions of sub clause (5), prior to the date determined by the Council in terms of this clause.

 

(5)In the event of an eligible employee's death, all amounts to his credit in the Holiday and Bonus Funds shall be paid to his duly appointed nominee, if any. Should no nominee survive the employee, or should a surviving nominee fail to claim payment within 12 (twelve) months of the date of the employee's death, the amount to his credit shall be paid into his estate.

 

(6)Subject to the provisions of sub clause (5), the amount standing to an employee's credit in the Holiday and Bonus Fund shall not be transferable, and any employee who attempts to assign, transfer, cede, pledge or lend any benefits contribution shall forfeit the value to the general funds of the Council.

 

(7)Notwithstanding the expiry or cancellation of this Agreement, the Council shall continue to administer the Holiday and Bonus Fund until such time as it is liquidated or transferred to any other fund created for the purpose of providing annual leave pay to employees.

 

(8)In the event of the Council being wound up or dissolved, the Holiday and Bonus Fund shall continue to be administered by a committee appointed for such purpose by the parties before the winding up or dissolution of the Council, which committee shall consist of an equal number of employer and employee representatives. In the event of such committee being unable to carry out the duties for any reason, the parties shall appoint a trustee or trustees to carry out the duties of the committee and such trustees shall have the same powers as the committee for this purpose.

 

(9)In the event of there being no Council in existence at the time of expiry of this Agreement, the Holiday and Bonus Fund shall be liquidated by the committee or trustee appointed in terms of sub clause (8).

 

(10) In the event of the liquidation of the Holiday Fund and Bonus Fund in terms of sub clauses (7) or (8) the moneys remaining after the payment of all claims against the Holiday and Bonus Fund, including administration and liquidation expenses, shall be paid into the general funds of the Council. In the event of the Council having been wound up before the liquidation of the Holiday and Bonus Fund the monies remaining shall be distributed equally among the parties to the Council immediately prior to its dissolution.