Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Electrical Industry of South Africa:Extension of Consolidation of Collective Agreement to Non-partiesPart I16. Annual Leave and Annual Shutdown |
(1)
(a)
| (i) | Every employee shall be entitled to three consecutive weeks" (15 consecutive working days") leave, payable at his ordinary rate of wages, after each completed cycle of 235 completed working days with any employer in the Industry, exclusive of overtime. |
| (ii) | The leave prescribed in this subclause shall become due immediately after the completion of the 235th completed working day with an employer, and leave pay shall be paid before the employee proceeds on leave. |
| (iii) | Where the employment of an employee is terminated before the completion of 235 completed working days with an employer, such employer shall pay him a pro rata amount in accordance with the following formula: |
| (iv) | Where the employment of an employee is terminated after the completion of 235 completed working days with an employer, but before the annual leave has been granted to him, his employer shall— |
| (aa) | pay him the amount due in terms of subparagraph (i) hereof in respect of the period of leave which had accrued but was not granted before the date of termination of his employment, and |
| (ab) | pay him an amount calculated in accordance with the formula in subparagraph (iii) in respect of the period of employment completed after the date on which he became entitled to leave in terms of subparagraph (i). |
| (v) | Notwithstanding the provisions of this clause no employee shall be entitled to leave pay, unless he has completed 25 working days with the same employer. |
| (b) |
| (i) | Every employee shall be entitled to and shall take his leave so as to commence within a period of four months from the due date, unless exemption is granted by the Council. |
| (ii) | The leave shall be granted by the employer so as to commence within a period of four months of the due date. |
| (iii) | The leave prescribed by this subclause shall include four weekends and shall be for one unbroken period: Provided that the employee may, with the mutual agreement of the employer, be permitted to take his leave in two periods, one of which is not less than 10 days. |
| (iv) | Where a public holiday falls on what would otherwise be a normal working day, the leave period shall be extended by one day for each public holiday falling within such leave period. |
| (v) | No employee shall engage in employment, whether for remuneration or not, during the leave period. |
| (vi) | Any period during which an employee is off sick in excess of two working days up to a maximum of 43 working days per annum shall count as a qualifying period for leave: Provided that where it is required by the employer, a medical certificate shall be produced. Periods of absence on account of an accident arising out of and in the course of an employee"s employment shall count for leave 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 paid leave shall be the periods of disablement admitted by the said Act. |
| (vii) | Except as otherwise provided herein, employment for the purposes of this clause shall be deemed to commence from the date on which an employee enters the employer"s service, or the date he last became entitled to the paid leave, whichever is the later, and shall include shifts which would normally have been worked during periods of absence on the additional week"s paid leave or accumulation thereof in terms of clause 17(1) (a) of this Agreement. |
| (2) | Notwithstanding the provisions of subclause (1) an employer may elect to observe an annual shutdown commencing in December of each year: Provided that the following provisions shall be observed: |
| (a) | He shall pay his employees, prior to the date of the annual shutdown, the full amount of leave pay and leave bonus due to such employees who have qualified for paid leave in terms of this Agreement, and to employees who are not entitled to the full period of paid leave pay, leave pay and a leave bonus proportionate to the qualification for the paid leave completed as at the date of the shutdown. |
| (b) | Nothing contained herein shall operate to preclude an employer from cancelling the annual shutdown: Provided that— |
| (i) | such cancellation has resulted from a change in the work schedule of the establishment, and |
| (ii) | notice of such cancellation is given prior to 1 October of the year concerned. |
| (c) | Notwithstanding any other provision of this Agreement, an employee who has not qualified for leave pay at the date of the shutdown shall be paid a proportionate leave pay as set out in paragraph (a) above, irrespective of any qualifying period specified in this Agreement. |