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

Notices

Motor Industry Bargaining Council (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 6 : Additional Holiday Pay & Holiday Bonus

6.3 Additional Holiday Pay for Apprentices

Purchase

(1)	Every employer shall in respect of every apprentice and trainee undergoing training under the Skills Development Act 97of 1998 as amended, employed by him pay additional holiday pay for each week of employment as follows:

(a)	In the case of apprentices who have entered into three year contracts of apprenticeship:

(i)	For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2021:

For the first year of contract	R51.58
For the second year of contract	R57.59
For the third year of contract	R78.57

(ii)	For the period 01 September 2021 to 31 August 2022:

For the first year of contract	R54.42
For the second year of contract	R60,76
For the third year of contract	R82.89

(b)	In the case of apprentices who have entered into four year contracts of apprenticeship:

(i)	For the period from the date of implementation as determined by the Minister of Employment and Labour to 31 August 2021:

For the first year of contract	R51.58
For the second year of contract	R56.56
For the third year of contract	R63.91
For fourth year of contract	R78.57

(ii)	For the period 01 September 2021 to 31 August 2022:

For the first year of contract	R54.42
For the second year of contract	R59.67
For the third year of contract	R67.43
For fourth year of contract	R82.89

(i)

where an apprentice and trainees undergoing training under the Skills Development Act 97 of 1998 as amended, receives or is entitled to receive wages for less than 23 hours in the aggregate in any week, no additional holiday pay shall be payable on behalf of such employee in respect of that week, unless such lesser wages are attributable to absences from work—

(aa)	owing to sickness or accident not exceeding in the aggregate 30 days in any year;

(bb)	because of short-time where permission has been granted; or

(ii)

where in any leave cycle an apprentice and trainees undergoing training under the Skills Development Act of 97 1998 as amended, has been absent from work through illness or accident for 30 days, his employer may reduce the additional holiday pay by one fifth of the weekly amount payable in respect of each further day of absence through illness or accident.

(2)

Subject to the provisions of sub-clause (3) of this clause, the amounts payable in terms of sub-clause (1) of this clause shall be remitted by the employer monthly, but not later than the 10th day of the month immediately following that to which such amounts refer, together with a written statement of the names of the employees concerned and the amount of the additional holiday pay being sent for each such employee to the secretary of the Regional Council in whose area of jurisdiction the establishment is situated.

Note:

(a)	Forms prepared specifically for the inclusion of the details required by this sub-clause are obtainable on application from the secretary of the Regional Council concerned.

(b)	Notwithstanding the provisions of sub-clause (2), an employer may apply to the Regional Council concerned for an exemption in terms of which such additional holiday pay may be paid direct to the employee when he proceeds on annual leave.

(c)

In cases where an apprentice and trainee undergoing training under the Skills Development Act 97 of 1998 as amended, has been absent from work for the reasons specified in sub-clause (1)(i)(aa) and (bb), the additional holiday pay payable in terms of sub-clause (1) of this clause shall be paid by the employer direct to the beneficiary on each payday falling within his period of absence.

(d)

The additional holiday pay payable in terms of sub-clause (1) of this clause shall be payable to apprentices and trainees undergoing training under the Skills Development Act 97 of 1998 as amended, when they proceed on annual leave, and application for it shall be lodged with the Regional Secretary concerned at least two weeks before the beneficiary's leave is due to commence.

(e)	Subject to the provisions of clause 7.1(4) of Division A of this Agreement, no deductions from additional holiday pay shall be made as a set-off against any moneys which may be owing to the employer.

(f)

Should any amount due in terms of this clause not be received by the Council by the 15th day of the month following the month in respect of which it is payable, the employer shall pay interest on such amount or on such lesser amount as remains unpaid, calculated at the rate prescribed in Clause 21 of the Administrative Agreement, from such 15th day until the day upon which payment in cash is actually received by the Regional Council concerned: Provided that a Regional Council shall be entitled in its absolute discretion to waive the payment of such interest or part thereof.