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 II6. Leave Bonus |
| (1) | Every employee for whom wages are prescribed in this Agreement shall, in addition to his leave pay be paid a leave bonus of an amount equivalent to the wages he would normally be paid for the period specified below, whenever he qualifies for leave in terms of clause 16 of Part I of this Agreement, and such leave bonus shall be paid at the same time as his leave pay is paid: |
Category |
AREAS A to E and J to K |
AREA I and M to O |
|
Master installation electrician |
20 working days |
16 working days |
|
Installation electrician |
20 working days |
16 working days |
|
Electrical tester for single phase |
20 working days |
16 working days |
|
Electrical, artisan and DAM |
20 working days |
16 working days |
|
Elconop 3 |
15 working days |
16 working days |
|
Elconop 2 |
15 working days |
16 working days |
|
Elconop 1 |
15 working days |
16 working days |
|
Driver of a vehicle, the unladen mass of which is— |
|
|
|
(a) |
Up to 3500 kg |
15 working days |
16 working days |
(b) |
from 3500 kg to 9000kg |
15 working days |
16 working days |
(c) |
9000 kg and over |
15 working days |
16 working days |
Electrical assistant |
10 working days |
16 working days |
|
General Assistant |
10 working days |
16 working days |
|
Apprentice: First year"s leave qualification |
15 working days |
16 working days |
|
Apprentice: subsequent years" leave qualification |
20 working days |
16 working days |
|
Category |
AREAS F, G & H |
|
Master installation electrician |
10 working days |
|
Installation electrician |
10 working days |
|
Electrical tester for single phase |
10 working days |
|
Electrical, artisan and DAM |
10 working days |
|
Elconop 3 |
8 working days |
|
Elconop 2 |
8 working days |
|
Elconop 1 |
8 working days |
|
Driver of a vehicle, the unladen mass of which is— |
|
|
(a) |
Up to 3500 kg |
8 working days |
(b) |
from 3500 kg to 9000kg |
8 working days |
(c) |
9000 kg and over |
8 working days |
Electrical assistant |
8 working days |
|
General Assistant |
8 working days |
|
Apprentice: First year"s leave qualification |
8 working days |
|
Apprentice: subsequent years" leave qualification |
8 working days |
|
Category |
AREA L |
|
Master installation electrician |
20 working days |
|
Installation electrician |
20 working days |
|
Electrical tester for single phase |
20 working days |
|
Electrical, artisan and DAM |
20 working days |
|
Elconop 3 |
15 working days |
|
Elconop 2 |
15 working days |
|
Elconop 1 |
15 working days |
|
Driver of a vehicle, the unladen mass of which is— |
|
|
(a) |
Up to 3500 kg |
15 working days |
(b) |
from 3500 kg to 9000kg |
15 working days |
(c) |
9000 kg and over |
15 working days |
Electrical assistant |
10 working days |
|
General Assistant |
10 working days |
|
Apprentice: First year"s leave qualification |
15 working days |
|
Apprentice: subsequent years" leave qualification |
20 working days |
|
| (2) | 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 subclause (1). |
| (3) | 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. |
| (4) | 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. |
| (5) | 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 : |
| (6) | An employee who is aggrieved by the application to him of the provisions of subclause (5) may appeal to the Council against the decision applied to him and the Council may, after considering any reasons which may be submitted for such decision, confirm that decision or give such other decision as in its opinion ought to have been given in such case. |
| (7) | Notwithstanding the provisions of subclauses (3) and (4), 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 enquiry 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 absconds or is dismissed before his annual leave is granted to him, shall be paid the leave bonus due in terms of subclause (1). |
| (8) | An employee who absconds or is fairly dismissed and who is aggrieved by the application to him of the provisions of subclause (5) may appeal to the Council against the decision applied to him and the Council may, after considering any reasons which may be submitted for such decision, confirm that decision or give such other decision as in its opinion ought to have been given in such case. |
| (9) |
| (a) | Periods of absence on account of sickness aggregating not more than 43 shifts in any one qualifying period for the leave bonus shall count for the leave bonus: 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. |