Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare IndustryExtension to Non-parties of the Consolidated Main Collective AgreementAreasArea A21. Leave |
| 21.1 | Annual Leave |
| 21.1.1 | Every Employee except a Casual Employee shall be entitled, after 12 (twelve) consecutive months' service with the same Employer ("leave cycle"), to 3 (three) weeks' leave on full pay. The 3 (three) weeks shall consist of 18 (eighteen) working days. |
| 21.1.2 | An Employee who has completed 5 (five) continuous years' service with an Employer, though not necessarily with the same Employer, shall be entitled, on completion of the 5th (fifth) year of employment, to 24 (twenty-four) working days' leave, on full pay. |
| 21.1.3 | An Employee who is dismissed by an Employer 3 (three) months prior to the completion of 5 (five) years' continuous service and who is, within 30 (thirty) days after the completion of the 5 (five) year period, re-employed by the same Employer, shall be entitled to the 24 (twenty-four) working days' leave, as envisaged in clause 21.1.2 above. |
| 21.1.4 | An Employer must grant annual leave equal to the number of days the Employee would ordinary have worked within a two-week period, not later than six months after the annual leave cycle. Should there be any leave days outstanding after this period, it must be paid to the Employee, subject to the provisions of clause 21.1.5 below. |
| 21.1.5 | Should the Employee refuse to take annual leave when instructed by the Employer, the leave will be forfeited, six months after the leave cycle. |
| 21.1.6 | Annual leave shall be taken:— |
| 21.1.6.1 | in accordance with an agreement between the Employer and Employee; or |
| 21.1.6.2 | if there is no agreement in terms of 21.1.6.1 at a time determined by the Employer; |
| 21. 1.7 | An Employer and Employee may not enter into an agreement in terms of which the Employee forfeits leave against payment by the Employer save: |
| 21.1.7.1 | on termination of the Employee's employment; |
| 21.1.7.2 | when an Employee's employment is terminated prior to the completion of the leave cycle, the Employee shall be entitled to one 1 (one) day for every 17 (seventeen) days worked when the employment was terminated in respect of each completed week of employment. An Employee shall not be entitled to any leave pay if he I she worked for an Employer for less than 4 (four) weeks; and |
| 21.1.7.3 | as provided for in clause 21.1.4. |
| 21.2 | Family Responsibility Leave |
| 21.2.1 | An Employer shall be obliged to give the father of a new-born child 3 days paternity leave as per the provisions of the National Agreement above. |
| 21.2.2 | During each leave cycle, an Employee shall be entitled to 3 (three) days' paid leave, which the Employee shall be entitled to take: |
| 21.2.2.1 | in terms of 21.2.1 when the Employee's child is born the provisions of the National Agreement above, applies. |
| 21.2.2.2 | when the Employee's child is sick. |
| 21.3 | Compassionate Leave |
| 21.3.1 | An Employer shall grant an Employee, during each leave cycle, a maximum of 6 (six) days' paid leave, which the Employee shall be entitled to take on the death of any of the Employee's Immediate family. |
| 21.3.2 | Compassionate leave shall commence upon request of the Employee, but not prior to the day of the death and shall end (6) six working days thereafter. |
| 21.3.3 | An Employee shall be entitled to full pay whilst being on compassionate leave. |
| 21.3.4 | An Employee shall be obliged to present proof, to the reasonable satisfaction of the Employer, indicating the death and/or that the deceased is immediate family. If a dispute arises between the Employer and Employee as to the reasonableness of the proof tendered by the Employee, the CEO of the Council shall act as referee, whose decision shall be final and binding. |
| 21.3.5 | An Employer shall be obliged to afford an Employee compassionate leave on the death of any relative of an Employee, who is not immediate family subject to:— |
| 21.3.5.1 | in the event of compassionate leave being granted in terms of clause 21.3.5 the Employee shall be entitled to compassionate leave of 1 (one) day; but the Employer shall not be obliged to pay the Employee for that day; |
| 21.3.5.2 | an Employee shall be obliged to produce proof to the reasonable satisfaction of the Employer as to the fact of the death and the fact that the deceased is a relative; |
| 21.3.5.3 | if a dispute arises as to the reasonableness of the proof tendered by the Employee, the CEO of the Council shall act as referee whose decision shall be final and binding; |
| 21.3.6 | The provisions of clauses 21.3.1 to 21.3.5 shall apply only to Employees who: |
| 21.3.6.1 | have been in the employ of an Employer for longer than 4 (four) months; and |
| 21.3.6.2 | worked for at least 4 (four) days a week for that Employer. |
| 21.3.7 | Subject to clause 21.3.8, an Employer shall pay to an Employee, for a day's family responsibility leave taken in terms of 21.2.1 and 21.2.2 or compassionate leave taken in terms of 21.3.1 to 21.3.5, as follows:— |
| 21.3.7.1 | the remuneration or Basic salary or wages the Employee would ordinarily would have received for work on that day; and |
| 21.3.7.2 | payable on the Employee's usual pay day. |
| 21.3.8 | An Employee may take family responsibility leave in respect of the whole or part of a day. |
| 21.3.9 | Before paying an Employee for leave in terms of clause 21.2 and 21.3, an Employer may require reasonable proof of an event referred to in clauses 21.2.2 and 21.3.1 for which the leave is required. |
| 21.3.10 | An Employee's unused entitlement to leave in terms of clauses 21.2 and 21.3 shall lapse at the end of each leave cycle in which it accrues. |
| 21.3.11 | This Agreement may vary the number of days and the circumstances under which leave is to be granted in terms of clauses 21.2 and 21.3. |
| 21.4 | Union Leave |
| 21.4.1 | Subject to reasonable conditions, a trade union representative is entitled to take reasonable time off with pay during working hours:— |
| 21.4.1.1 | to perform the functions of a trade union representative; and |
| 21.4.1.2 | to be trained in any subject relevant to the performance of the functions of a trade union representative. |