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

Notices

Bargaining Council for the Civil Engineering Industry: Conditions of Employment Collective Agreement

Chapter 3 : Regulation of Leave

3.1. Annual leave
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3.1.1. For the purpose of this clause the expression "employment" shall be deemed to include:
(a) Any period in respect of which an employer pays an employee in lieu of notice in terms of sub-clause 4.1.2
(b) Any period during which an employee is absent on sick leave in terms of clause 3.2.4 or owing to incapacity as defined in clause 3.2.9.
(c) Any period during which an employee is absent at the instruction of the employer;
(d) Any time during which an employee is required by the employer not to work because of the vagaries of the weather, slackness of trade or a breakdown of machinery or plant.

 

3.1.2. An employer shall grant to an employee who has completed less than five continuous years' service and who has been in employment for longer than four months, fifteen working days leave on full pay in respect of each completed period of twelve months of employment accumulated at 1.25 days per month;

 

3.1.3. An employer shall grant an employee who has completed five or more continuous years of service with that employer eighteen working days leave on full pay in respect of each completed period of twelve months of employment, accumulated at 1.5 days per month.

 

3.1.4. Subject to sub-clauses 3.1.2 and 3.1.3 above, a minimum of 10 days shall be taken consecutively by an employee normally during the Civil Engineering Industry shutdown period and the remaining days shall be granted, subject to sub-clause 3.1.7 below, at a time agreed by the employee and the employer.

 

3.1.5. An employer shall grant an employee an additional day of paid leave for any public holiday that falls on a day during an employee's annual leave on which the employee would ordinarily have worked.

 

3.1.6. If the leave prescribed in sub-clauses 3.1.2 and 3.1.3 above has not been granted and taken earlier, it shall, save as provided in sub-clause 3.1.8, be granted and be taken so as to commence within four months after the completion of the 12 months of employment to which it relates or, if the employer and employee have agreed thereto in writing before the expiration of the said period of four months, the employer shall grant such leave to the employee and the employee shall take the leave from a date not later than two months after the expiration of the said period of four months, provided that the period of leave shall not be concurrent with;
(a) Sick leave granted in terms of Clause 3.2 or with absence from work owing to incapacity in circumstances where the employee is entitled to his/her full wages in terms of any other law or in terms of any fund of which the employee is a member, amounting in the aggregate to not more than 12 days in any one period of 12 months;
(b) Any period during which the employee is under notice of termination of employment in terms of Clause 4.1.

 

3.1.7. At the written request of the employee, an employer may permit the leave to accumulate over a period of not more than 24 months of employment: Provided that the request is made by such employee not later than four months after the expiration of the first period of 12 months of employment to which the leave relates; and the date of receipt of the request is endorsed over the employee's signature by the employer, who shall retain the request at least until after the expiration of the period of leave.

 

3.1.8. The leave referred to in sub-clause 3.1.7 shall be granted and be taken at a time to be fixed by the employer, and the provisos to sub-clause 3.1.6 shall apply to such leave.

 

3.1.9. The remuneration in respect of leave granted in terms of this clause shall be paid not later than the last work day before the date of commencement of such leave and shall be calculated at the employees wage rate on the days that the leave is taken.

 

3.1.10. Upon termination of employment the employer shall pay the employee in lieu of any accrued leave owing to the employee, at the wage rate applicable on the last day of employment.

 

3.1.11. Notwithstanding anything to the contrary contained in this clause, an employer may for the purposes of annual leave, at any time but not more than once in any period of 12 months, close the establishment, or a portion of the establishment, for 14 consecutive days, plus an additional day for each paid public holiday which falls on a day during such period on which the employee would ordinarily have worked.

 

3.1.12. An employee who as at the date of the closing of an establishment or the portion thereof in which he or she is employed, is not entitled to the full period of annual leave prescribed in terms of sub-clauses 3.1.2 and 3.1.3 above shall be paid the leave accrued as at the date of such closure, and for the purposes of annual leave thereafter the employees employment anniversary shall be the date of such closing of the establishment or portion of the establishment, as the case may be.