Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing Trade (Cape Penninsula)Main Collective Agreement13. Annual Leave |
| 1. | “Annual leave cycle” means the period of 12 month"s continuous employment with the same employer immediately following an employee"s commencement of employment or the completion of that employee"s prior leave cycle. |
| 2. | Every employee is entitled to and must be granted leave on full pay, calculated on the basic wage received during the week immediately before taking leave, as follows:— |
| (a) | An employee in the first to fifth years of service: three consecutive weeks" leave; |
| (b) | an employee from the sixth year of service: four consecutive weeks" leave. |
| (c) | At least 2 weeks leave must be taken consecutively with the balance to be taken by agreement between the employer and the employee not later than six months after the end of the annual leave cycle or will be forfeited, subject to clause 13.5. |
[GG29206, Government Notice No. 916 inserted the above subclause 13.2.3, however the numbering convention differs from the original agreement, subsequently "13.2.3" can be understood to mean the same as subclause "13.2(c)".]
[GG33127, Government Notice No. 321 inserted the above new subclause 13.2 (c), however, "13.2(c)" was already inserted as "13.2.3" in GG29206, nn916, therefore it actually ammends the existing "13.2.3".]
| 3. | If a public holiday or Easter Saturday falls within the leave period, an additional day must be added as a further period of leave on full pay. |
| 4. | An employer must grant an employee after ten year"s service with the establishment, irrespective of any transfer of ownership, a once off, additional week"s leave in recognition of long service. The additional week"s leave must be taken during the eleventh year of service or is forfeited. |
| 5. | Annual leave must be taken within six months after the end of the annual leave cycle in accordance with an agreement between the employer and employee or if there is no agreement, at a time determined by the employer. |
| 6. | When the service of an employee who has been in employment for longer than four months is terminated, the employer must pay the employee a pro rata amount for leave due at the same time the final payment of wages is made. |
| 13.7 | Pro rata commission based on 25% of the average net monthly personal service commission earned during the preceding twelve months. Personal service commission excludes commission on retail sales and VAT. |
[GG29206, Government Notice No. 916 inserted the above subclause 13.7, however the numbering convention differs from the original agreement, subsequently "13.7" can be understood to mean the same as subclause "13 (7)".]