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

Notices

Building Industry Bargaining Council (Cape of Good Hope)

Re-enactment and Amendment of Main Collective Agreement

13. Holiday Fund

 

 

(1) The Holiday Fund is hereby continued and shall continue to be administered by the Council for the purpose of providing eligible employees with leave pay for the annual leave period in terms of clause 8(6). Moneys contributed to the Fund by employers shall be invested as provided for in terms of section 53(5) of the Act.

 

(2) An employer shall contribute to the Holiday Fund and Bonus Fund on behalf of an eligible employee in respect of each normal working day that the employee remains in his employ ("a contribution day"), an amount which shall be calculated as follows:

 

For the period 1 November 2013 to 31 October 2014

Category of Employee

Holiday Fund Amount per day

Bonus Fund Amount per day

Area A

Area B

Area C

Area D

Area A

Area B

Area C

Area D

R

R

R

R

R

R

R

R

(i)

Labourer L1

9.86

9.36

8.59

8.01

8.21

7.80

7.15

6.68

(ii)

Labourer L2

11.69

11.09

10.18

9.50

9.74

9.24

8.48

7.92

(iii)

General Worker

15.25

14.47

13.28

11.11

12.71

12.06

11.06

9.26

(iv)

Learner T4, manufacturing worker, waterproofing worker and scaffolder

16.32

15.73

14.61

13.82

13.60

13.11

12.18

11.51

(v)

Learner T3 and clerical worker, joinery assembler

18.00

17.64

16.56

15.80

15.00

14.70

13.80

13.17

(vi)

Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer

24.53

23.55

21.86

20.63

20.44

19.62

18.22

17.19

(vii)

Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers

21.51

19.77

17.87

16.42

17.92

16.48

14.89

13.68

(viii)

Drivers/plant operators of all other vehicles that a code A, A1 or B licence

16.19

14.89

13.34

12.21

13.49

12.41

11.11

10.17

(ix)

Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman)

32.86

31.53

29.18

27.50

27.38

26.27

24.32

22.92

(x)

Security Guard

17.27

15.81

14.15

12.92

14.40

13.18

11.79

10.77

 

 

For the period 1 November 2014 to 31 October 2015

Category of Employee

Holiday Fund Amount per day

Bonus Fund Amount per day

Area A

Area B

Area C

Area D

Area A

Area B

Area C

Area D

R

R

R

R

R

R

R

R

(i)

Labourer L1

10.62

10.40

9.74

9.25

8.85

8.67

8.11

7.71

(ii)

Labourer L2

12.59

12.33

11.54

10.96

10.49

10.28

9.61

9.13

(iii)

General Worker

16.40

16.05

15.00

13.19

13.67

13.37

12.50

10.99

(iv)

Learner T4, manufacturing worker, waterproofing worker and scaffolder

17.54

17.30

16.37

15.71

14.62

14.41

13.65

13.09

(v)

Learner T3 and clerical worker, joinery assembler

19.35

19.23

18.41

17.80

16.12

16.02

15.34

14.83

(vi)

Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer

26.37

25.95

24.54

23.50

21.98

21.62

20.45

19.59

(vii)

Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers

23.12

22.31

20.47

19.21

19.27

18.59

17.06

16.01

(viii)

Drivers/plant operators of all other vehicles that a code A, A1 or B licence

17.40

16.80

15.32

14.34

14.50

14.00

12.76

11.95

(ix)

Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman)

35.32

34.75

32.78

31.37

29.44

28.96

27.32

26.14

(x)

Security Guard

18.57

17.89

16.28

15.21

15.47

14.91

13.57

12.68

 

 

For the period 1 November 2015 to 31 October 2016

Category of Employee

Holiday Fund Amount per day

Bonus Fund Amount per day

Area A

Area B

Area C

Area D

Area A

Area B

Area C

Area D

R

R

R

R

R

R

R

R

(i)

Labourer L1

11.45

11.45

10.89

10.48

9.54

9.54

9.07

8.74

(ii)

Labourer L2

13.57

13.57

12.90

12.42

11.31

11.31

10.75

10.35

(iii)

General Worker

17.63

17.63

16.72

15.26

14.69

14.69

13.94

12.72

(iv)

Learner T4, manufacturing worker, waterproofing worker and scaffolder

18.86

18.86

18.14

17.60

15.71

15.71

15.12

14.67

(v)

Learner T3 and clerical worker, joinery assembler

20.80

20.82

20.27

19.80

17.33

17.33

16.89

16.50

(vi)

Learner T2, machine operator, glazier, assistant floor layer, carpet fitter and block layer

28.35

28.35

27.21

26.38

23.63

23.63

22.68

21.98

(vii)

Drivers/Plant operators of motor vehicles that require a code C1 licence including crane drivers

24.85

24.85

23.07

22.01

20.71

20.71

19.23

18.34

(viii)

Drivers/plant operators of all other vehicles that a code A, A1 or B licence

18.71

18.71

17.30

16.46

15.59

15.59

14.41

13.72

(ix)

Artisan (including a roofer, carpet layer, floor layer, ceiling and/or partition erector, leading hand and junior foreman)

37.97

37.97

36.38

35.24

31.65

31.65

30.31

29.36

(x)

Security Guard

19.96

19.96

18.41

17.50

16.64

16.64

15.34

14.59

 

(3) Every employer shall pay the contribution to the Council within the period determined by the Council for such purposes.

 

(4) The Council shall determine a date before the commencement of the annual leave period in terms of clause 8(6) upon which eligible employees shall receive payment of the amount standing to their credit in the Holiday Fund: Provided that no payment shall be made from the Holiday Fund—
(a) in respect of benefits contributed by an employer after 31 October each year, which benefits shall be deemed to have been issued during the following year;
(b) in respect of more than 245 daily benefits in any single year ending on 31 October of that year;
(c) if an employee fails to claim the value of the benefits within six months of the commencement of the annual leave period, unless the Council in its discretion decides otherwise, in which event the value of the benefits shall accrue to the general funds of the Council;
(d) in respect of deductions made in respect of an employee's Holiday Fund entitlement in terms of clause 8(8)(c);

(e)        subject to the provisions of sub clause (5), prior to the date determined by the Council in terms of this clause.

 

(5) In the event of an eligible employee's death, all amounts to his credit in the Holiday Fund shall be paid to his duly appointed nominee, if any. Should no nominee survive the employee, or should a surviving nominee fail to claim payment within 12 months of the date of the employee's death, the amount to his credit shall be paid into his estate.

 

(6) Subject to the provisions of sub clause (5), the amount standing to an employee's credit in the Holiday Fund shall not be transferable, and any employee who attempts to assign, transfer cede, pledge or lend any benefits contribution shall forfeit the value to the general funds of the Council.

 

(7) Notwithstanding the expiry or cancellation of this Agreement, the Council shall continue to administer the Holiday Fund until such time as ii is liquidated or transferred to any other fund created for the purpose of providing annual leave pay to employees.

 

(8) In the event of the Council being wound up or dissolved, the Holiday Fund shall continue to be administered by a committee appointed for such purpose by the parties before the winding up or dissolution of the Council, which committee shall consist of an equal number of employer and employee representatives. In the event of such committee being unable to carry out its duties for any reason, the parties shall appoint a trustee or trustees to carry out the duties of the committee and such trustees shall have the same powers as the committee for this purpose.

 

(9) In the event of there being no Council in existence at the time of expiry of this Agreement, the Holiday Fund shall be liquidated by the committee or trustee appointed in terms of sub clause (8).

 

(10) In the event of the liquidation of the Holiday Fund in terms of subclasses (7) or (8) the moneys remaining after the payment of all claims against the Holiday Fund, including administration and liquidation expenses, shall be paid into the general funds of the Council. In the event of the Council having been wound up before the liquidation of the Holiday Fund the monies remaining shall be distributed equally among the parties to the Council immediately prior to its dissolution.