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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part G : Leave

19. Annual Leave
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19.1. An employee shall be entitled to at least twenty-one (21) Calendar Days paid annual leave in his annual leave cycle, which shall refer to the period of twelve (12) months with the same employer, calculated immediately following:
19.1.1. the employee's commencement of employment; or
19.1.2. the completion of that employee's prior leave cycle.

 

19.2. An employee is entitled to take any leave accumulated in an annual leave cycle in terms of 19.1 above, on consecutive Calendar Days.

 

19.3. The employer must grant annual leave no later than four (4} months after the end of the annual leave cycle as defined in 19.1 above.

 

19.4. The employer may not require or permit an employee to take annual leave during—
19.4.1. any other period of leave to which the Employee is entitled in terms of this agreement; or
19.4.2. any period of notice of termination of employment.

 

19.5. Despite subclause 19.4 above, the employer may permit an employee, at the employee's written request, to take leave during a period of unpaid absence.

 

19.6. The employer may reduce an employee's entitlement to annual leave by the number of Calendar Days of paid occasional leave granted to the employee as contemplated in 19.5 above.

 

19.7. The employer shall grant an employee an additional Calendar Day of paid annual leave should a Public Holiday fall on a Calendar Day during an employee's period of annual leave.

 

19.8. The employer may not require or permit an employee to work for the employer during any period of annual leave.

 

19.9. Annual leave must be taken
19.9.1. in accordance with an agreement between the employer and employee; or
19.9.2. if there is no agreement in terms of subclause19.9.1, at a time determined by the employer in accordance with this clause.

 

19.10. Annual leave must be paid in accordance with subclause 9.2 read with subclause 10.1 above as well as the applicable chamber minimum remuneration schedule.